Effective Date: May 16, 2016
Last Update: June 26, 2021
TERMS & CONDITIONS
For info about our License agreement, please check this: https://www.audentity-rec.com/pages/f-a-q
This website is operated by Audentity Records | Samplestore. Throughout the site, the terms “we”, “us” and “our” refer to Audentity Records.
Audentity Records offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site or all infomation in our products is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or our products sold on other stores is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
TO THE FULLEST EXTENT PERMITTED BY LAW, AUDENTITY RECORDS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, THAT ANY OF THOSE ISSUES WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH AUDENTITY RECORDS PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS TIHS SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICE MAY BE SUBJECT TO DELAYS, ERRORS, CANCELLATIONS AND OTHER DISRUPTIONS. AUDENTITY RECORDS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF.
YOU ACKNOWLEDGE AND AGREE THAT THE AUDENTITY RECORDS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD AUDENTITY REOCRDS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
To the fullest extend permitted by Law, in no event will Audentity Records, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you or any other person or entity for any injury, loss, claim, or any direct, indirect, incidental, special, consequential or punitive damages of any kind (including damages for lost of profits, goodwill, business interruption, any kind of intangible loss, loss of business, lost of revenue, lost savings, loss of data, replacement costs, future loss of profit or revenue, claims of third parties or other losses of any kind or character, arising out of or relating to your acces to or use of, or your inability to acces or use, the service or any materials or content or products on the service, whether based on warranty, contract, tort (including negligence), strict liability, statute, any other legal theory or any other claim related in any way to your use of the service or any product (bought here on the website or any other store) including, but not limited to, any errors, problematic content or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service or via digital stores who sell our products, even if advised of their possibility.
Audentity Records is not liable for business losses. If you are a consumer we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you or any other person or entity for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.
You agree that the liability of Audentity Records to you under these Terms (Agreement) shall be limited to the amount you have actually paid to Audentity Records for its products or services. Except as set out herein, we do not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation and for defective products.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
Any references to any brands or artists names on this site/page/products, including reference to brands, names and instruments, are provided for description purposes only. Audentity Records do not have (nor do they claim) any association with or endorsement by these brands or artist - or actor names. Any goodwill attached to those brands or artist / actor names rest with the brand owner. Audentity Records, its Suppliers or distributors do not accept any liability in relation to the use of brands, artist names in the content of the samples or in the descriptions.
The brands, products, service names, logos and images used in this Site or sold under the Audentity Records, Killer Tone & Exciter labels & our partner labels on This Site or other (legal official) websites are the trade marks or trade names of Audentity Records or its partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce and use any such trade marks, trade names or taglines without the prior written permission of Audentity Records or its partners.
SECTION 14 - LIMITATION OF LIABILITY & INDEMNIFICATION
You agree to indemnify, defend and hold harmless Audentity Records and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party or you due to or arising out of your breach of this Terms of Service or arising under these Terms Of Service or the license agreement or in connection with the Audentity Records website or otherwise (link of the License Agreement is above this page) or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
To the fullest extend permitted by Law, in no event will Audentity Records, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you or any other person or entity for any injury, loss, claim, or any direct, indirect, incidental, special, consequential or punitive damages of any kind (including damages for lost of profits, goodwill, business interruption, any kind of intangible loss, loss of business, lost of revenue, lost savings, loss of data, replacement costs, claims of third parties, future loss of profit or revenue or other losses of any kind or character, arising out of or relating to your acces to or use of, or your inability to acces or use, the service or any materials or content or products on the service, whether based on warranty, contract, tort (including negligence), strict liability, statute, any other legal theory or any other claim related in any way to your use of the service or any product (bought here on the website or any other store) including, but not limited to, any errors, problematic content or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service or via digital stores who sell our products, even if advised of their possibility.
Audentity Records is not liable for business losses. If Licensee is a consumer, we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you or to any other entity or person for any loss of profit & revenue, loss of data, future loss of profit or revenue, loss of business, business interruption, loss of business opportunity, claims of third parties or other losses of any kind or character.
You agree that the liability of Audentity Records to you under this Agreement shall be limited to the amount you have actually paid to Audentity Records for its products or services. Except as set out herein, we do not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide.
Audentity Records will be held harmless against any losses, judgements, claims, legal fees or court costs that may arise out of a breach of these terms and conditions.
By entering this agreement you agree not to sue or recover any damages from Audentity Records and any affiliated companies or people as a result of its decision to terminate or suspend this agreement.
Whilst Audentity Records will take reasonable and sufficient steps to ensure that the website is free from any viruses, trojans, malware, spyware, harmful software, data theft or any unauthorised malicious activity, Audentity Records makes no guarantees on this subject and will not be held liable for any loss resulting from this.
Any references to any brands on this site/page, including reference to brands and instruments, are provided for description purposes only. For example references to instrument brands are provided to describe the sound of the instrument and/or the instrument used in the sample. Audentity Records do not have (nor do they claim) any association with or endorsement by these brands. Any goodwill attached to those brands rest with the brand owner. Audentity Records, its Suppliers or distributors do not accept any liability in relation to the content of the sample or the accuracy of the description.
Please read carefully our License Agreement when you have downloaded and are going to open and use our products: https://www.audentity-rec.com/pages/f-a-q
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - LICENSE AGREEMENT
Licensee is allowed to use the included vocals, samples, patches, loops and kits in his or her own (commercial or non commerical) music productions (but only in combination with other sounds) without our permission.
The Licensee is allowed to edit or re-work the sounds. The Licensee may modify the sounds and may use the sounds for commercial purposes as part of a musical composition with other sounds.
This non-exclusive license is granted for a single-user only on a global basis for the full copyright protection period.
This is a non-exclusive license, which means other licensees / users can use the same samples in their productions.
All our samples are royalty-free as stated in our descriptions. This means that once licensed and downloaded via our store or on other official webstores, you don't have to pay us any royalties.
The contents of these downloads remain the property of Audentity Records (“Licensor“) and are licensed (not sold) to you as the original end-user (“Licensee“)
The license is nontransferable, which means you cannot sell or give/ send another individual or entity the right to use any samples or content from our products. Unauthorized resale of Audentity Records is prohibited. You may not sell, lend, or giveaway, any of the licensed audio files to third parties.
Any infringement of this license will be pursued to the fullest extent of international law.
More detailed information about our license agreement here: https://www.audentity-rec.com/pages/f-a-q
Your (continued) use of our sounds and products and this Site constitutes your acceptance of these Terms.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies (such as the License Agreement) or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and / or our products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service and/ or License Agreement).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Info@audentity-rec.com.
(If you don't receive any email from us within 5 working days (usually much faster) please check your spam filter)
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.