TERMS AND CONDITIONS
1. About the site:
www.paypersample.com is operated by Boom Bap Labs, 12072 Valmont, H3M 2V5, Montreal, Quebec, Canada. Email: firstname.lastname@example.org. The site distributes sample packs and drum kits from individual sound designers.
Prices are in USD. Any transaction fees will depend on your chosen payment method and will be clearly listed before your purchase.
3. Purchasing and Delivery:
You must register to purchase any products on the site. Links to downloadable files are delivered to the email address you provide upon registration within 24 hours – and normally immediately after purchase. The email will contain links that are valid for 24 hours for 5 download attempts. If the links expire before you have downloaded your purchased product(s), contact us and we will help you out.
4. Usage rights and license:
The license terms and usage rights for samples and sounds purchased through Paypersample can be found in the End User License Agreement. Unless otherwise noted, this agreement governs all purchases made through Paypersample.
5. Return policy and refunds:
Since downloads unfortunately can’t be returned, all sales are final and there are no refunds, unless required by consumer laws. If returns are required by a consumer law, this return policy is only valid until download of the product(s) has begun. For business purchases, all sales are final. If you have problems with a download or defects in a product, please contact us at email@example.com and we’ll help out.
By using this site, you agree to indemnify Paypersample for any loss or damage that may be incurred by Paypersample, including without limitation legal fees, arising from your use of the Site or your use of any information obtained through the Site.
7. Personal Data and Privacy:
We will not sell, rent out or give away your email address or other contact information. Here is how we may use contact information you provide:
• We will use your contact information when you make a purchase on the site to deliver download links, invoices and technical support when needed.
• We may send you service messages such as login information, transactional messages, password and abandoned cart reminders and other notifications.
• If you win a competition, your contact information may be shared with the contest holder so the contest holder can deliver the prize to you.
• If you sign up for it, you’ll receive the Paypersample newsletter. If you signed up by mistake or want to stop receiving it, each issue contains an unsubscribe form. You can also contact us to have your subscription cancelled at any time.
END-USER LICENSE AGREEMENT (EULA)
License agreement for users of Samples and Sounds purchased through PAYPERSAMPLE (www.paypersample.com) (as “Distributor”).
This end user license agreement (the “Agreement”) is entered into between you, a single user natural person (the “Licensee”), who has purchased one or more sound or samples through the Distributor, and the creator or creators of these sound effect libraries (the “Licensor”).
This Agreement covers one or more sounds and samples purchased by the Licensee via the Distributor which appears from the invoice that the Licensee receives following the purchase (the “Samples or Sounds”).
The Licensor is the creator or creators of the Sound Libraries, Sounds and Samples stated as such on the Distributor’s website and listed on the invoice which the Licensee receives following the purchase.
By accepting this EULA the Licensee agrees to be bound by the terms and conditions set out in this EULA.
1. Grant of License
In consideration for the purchase of the Sound Libraries, Sounds and Samples via the Distributor, the Licensor grants the Licensee a worldwide, non-exclusive, perpetual, royalty free license to use the sounds in the Sound Libraries (“Sounds and Samples”) on the terms and conditions set out in this Agreement.
2. Rights Granted
The license granted in this agreement allows the Licensee to:
a. install and use the Sound Libraries, Sounds or Samples on one workstation at a time, although the Licensee is permitted to make and keep backup copies of the Sound Libraries on other storage devices, and
b. distribute and publicly perform reproductions of the Sounds, where these are incorporated in and synchronized with other media productions, which shall mean products that contains at least one additional media element to the Sounds (music, voice, image, etc.), including but not limited to radio and television broadcasts, film, music compositions, web sites, podcasts, mobile apps, advertising, multi-media presentations, video games and similar.
The Licensee is not permitted to distribute or perform reproductions of the Sounds where these are not incorporated in and synchronized with other media productions, including but not limited to in toys, product design, greeting cards, ringtones, applications such as soundboards, hardware devices, media authoring tools etc.
To the furthest extension permitted by law, the Licensee is prohibited from adapting, modifying or repackaging any Sounds or Samples, except as permitted in Clause 2.
4. Intellectual property rights
All rights to the Sound Libraries, the Sounds and Samples herein are owned by the Licensor and other than the license rights granted in this Agreement all rights in the Sounds and Samples remain the property of the Licensor. The Licensee must not claim ownership or authorship of the Sounds, Samples or the Sound Libraries.
The Licensee’s right to use the Sound Libraries, Sounds or Samples will automatically terminate in the event of any breach by the Licensee of the terms of this Agreement. In the event of termination, the Licensee shall delete or destroy all copies of the Sound Libraries, Sounds or Samples which the Licensee has produced.
The Licensee shall indemnify Licensor and Distributor from, and against any and all claims, demands, suits, awards, damages, injuries, liabilities and all reasonable expenses, including attorney’s fees incurred by the Licensor and the Distributor with respect to any matter that arises as a result of the Licensee’s breach of this Agreement.
Licensor and/or Distributor shall not be liable for any damages or for any loss of business or business profits, business interruption, or any other direct or indirect loss resulting directly or indirectly from the use of any of Licensor’s Sounds.
To the furthest extension permitted by law, the Licensee must not assign, license, sublicense, sell or otherwise assign the Sounds to any third party, except as set out in Clause 2.B.
9. Applicable Law
This Agreement is governed by the law of Canada without giving effect to the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods.