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User License Agreement Enjoy Samples

 

ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE SITE AT www.EnjoySamples.com (“Site”) OR ANY CONTENT AVAILABLE THROUGH THE SITE MUST ACCEPT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“Agreement”).

 

PERSONAL DATA: You agree to provide only true, accurate, and complete information through the Site. Any personal information provided by Users will be treated with appropriate care and security, and by accepting this Agreement, you expressly agree to the terms of our Privacy Policy.

 

1. Contracting Parties. The Site, as well as all the content, data, and other materials contained therein (“Content”), are the property of Enjoy Samples, a company registered as 829 215 300 00023 in France and having its registered office at 10 Allée des Berges 77400 Lagny-sur-Marne, France. Enjoy Samples is referred to in these terms and conditions as “we,” “our,” or “Enjoy Samples.” When you register (or otherwise access) the Service, you enter into a contract with Enjoy Samples. Please note that if you register to use products as a company or another entity, the license to use those products is granted only to the individual person who registers or makes the purchase, and without any doubt, this license is not transferable or extendable to other directors, owners, employees, or individuals associated with that company or entity.

 

2. Passwords. You agree: to keep your password secure and confidential, and not to allow anyone else to use your email address or password to access the Site or any Content; not to do anything that would facilitate access to any secure area of the Site to any person who is not a registered User of the Service; not to create additional registration accounts for the purpose of abusing the functionality of the Site, Content, or other Users, or impersonating another User. If you believe someone else has obtained your account information, please notify us immediately via enjoysamples.com/contact, and we will secure your account as soon as possible. Please note that you will be responsible to Enjoy Samples and others for all activities that occur under your registration account.

 

3. Content. The Site and Content are intended solely for the specified or implied purposes, and your use of the Site and Content is entirely at your own risk. Please note that, while we strive to provide accurate and up-to-date information, the Content may not be entirely accurate, up-to-date, complete, or free of defects, and it is subject to change, often with very short notice. All Content is provided without any representation or warranty of any kind (implied or express), to the fullest extent permitted by applicable law. Enjoy Samples, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and Content. You may not publish, distribute, extract, reuse, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly permitted here or as stated on the Site and Content (or under French or local law). Except as expressly provided in this Agreement, the Site and Content are for your personal use only and may not be redistributed, transferred, assigned, or sublicensed. Enjoy Samples will not be liable if a Product does not meet your particular purpose.

 

4. The Enjoy Samples Service. Enjoy Samples is an online sales service (“Service”) that allows you to browse and purchase downloadable pre-recorded sounds, sound effects, loops, and samples (“Audio Files”), as well as software files (“Software Files”). Together, the Audio Files and Software Files, along with any associated downloadable documentation (“Documentation”), are the “Products.”

 

5. License to Download and Use Products. By purchasing a Product (and subject to your compliance with this Agreement), Enjoy Samples grants you (and you alone) a non-exclusive, non-transferable, non-sublicensable license to download (on up to two devices simultaneously) and use the Products you purchase from Enjoy Samples, PROVIDED that you use the purchased Audio Files solely in your own sound recordings and/or performances created in a manner that makes the Audio Files substantially different from the original sound of the Audio File in each case. The Products (and any recordings and/or compositions incorporating them) are the property of Enjoy Samples and are licensed to you only for use in live or recorded music performance. You may not use these sounds for commercial or non-commercial purposes, except if you have combined them with other sounds in one or more musical compositions and/or recordings. This license expressly prohibits resale or distribution of the Products or their derivatives, whether as they exist in the library, reformatted for use in another sampler, or mixed, combined, filtered, resynthesized, or otherwise edited for use as sounds, multisounds, samples, multisamples, sound sets, programs, or patches in a sampler, microchip, computer, or any other sample playback device. You may not sell Product(s) or give them to others (whether for use with Enjoy Samples tools or any other sampling or sample playback device). The Products may not be used in or in connection with competing products that are sold or sublicensed to third parties. Except as expressly permitted herein, to the extent permitted by applicable law, you may not copy, modify, distribute, sell, or rent a Product, and you may not attempt to extract the source code of a Product or perform reverse engineering.

 

6. Prohibition of Reselling Products. For clarity, you are granted a personal, non-transferable license to use the Products for personal purposes only. The Products must be used only in accordance with the conditions described above and must not be shared, given, transferred to third parties, or uploaded to file-sharing sites, nor offered for resale or public transmission unless integrated into your own original musical productions. The license granted to you takes effect from the date of download, installation, or use of the Product(s) (whichever occurs first), and this license will remain in effect until terminated by Enjoy Samples in case of your violation of this Agreement.

 

7. Protection of Audio and Software Products. You expressly agree to take all reasonable measures to protect the Products you purchase (including Documentation) from unauthorized copying or use. This includes protecting your devices and networks against unauthorized access (and you will be deemed responsible for any use by third parties of your personal devices and networks). You agree not to modify the Products or in any way circumvent the methods or means adopted or implemented by Enjoy Samples (or its partners or licensors) to protect against unauthorized use or copying of the Products.

 

8. Ownership. Ownership and title to the Products (and any digitally recorded sounds and/or copies thereof) are owned by Enjoy Samples. Copies are provided to you only to exercise your rights under this Agreement. When you purchase one or more Products, you are purchasing a limited license to use (and not ownership of) the Products. Except as expressly permitted in this Agreement, you may not rent, lease, assign, sell, license, distribute, transfer, copy, reproduce, display, modify, or share over time any Product or Documentation (or any part or element thereof).

 

9. Copyright. All rights not expressly granted to the User are reserved. The Products are licensed, not sold, for use (or, in the case of Audio Files, reproduction within) only in your own original musical compositions and productions. Any copying, loan, duplication, resale, or exchange of any Product or other Content is strictly prohibited, unless used or incorporated into your original creations. Only the original purchaser of an Audio File has the right to incorporate and reproduce that Audio File in their musical compositions/productions. This license is granted for a single user (and is valid worldwide). You acknowledge and agree that Enjoy Samples has its own interest in all sound recordings available through the Site, and any use by you that violates the purpose of this Agreement or circumvents Enjoy Samples’ business model (including, without limitation, the sale, rental, use, or distribution of non-integrated Content) could cause irreparable harm to Enjoy Samples in a way that cannot be adequately compensated by damages. For clarity, no copyright ownership is transferred by Enjoy Samples to Users under this Agreement.

 

10. Pricing. Prices are as stated on the relevant pages of the Site from time to time. Prices (and the availability of specific products) may be changed by displaying new prices or notifying availability at any time. Where prices include VAT, this is clearly stated on the website. Please note that using the Service may be subject to data charges imposed by your internet or mobile phone provider, and you will be responsible for paying these charges.

 

11. Payments. Payments can be made by Visa, MasterCard, American Express credit or debit card, or PayPal (or other payment methods offered from time to time as indicated on the Service). All transactions, including pre-orders, are charged immediately. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If your card issuer refuses to authorize payment, your order will be canceled, and we will not be responsible for any delay or non-delivery. We are not responsible for any charges imposed by your card issuer or bank due to the processing of your credit/debit card payment in accordance with your order, and we are not obligated to inform you of the reason for the refusal. By using your credit or debit card, you confirm that the card belongs to you and that there are sufficient funds or credit to cover the charges. By placing any order under this Agreement, you warrant and represent that you are legally capable of entering into binding contracts and have agreed to be bound by this Agreement. Please note that international payments and certain payment methods may result in higher payment processing costs.

 

12. Refunds. Due to the nature of downloadable products and online services, refunds are generally not available for Products that have already been downloaded. Any refund request will be reviewed at our sole discretion, and our decision will be final. Nothing in this Agreement affects your statutory rights.

 

13. User Code of Conduct. You agree to abide by all applicable laws when using the Site and the Content. You acknowledge that you are responsible for your behavior while using the Service and specifically agree:

 

– Not to engage in illegal, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually explicit, racially offensive, or otherwise objectionable activities, including objectionable material.

– Not to mistreat other users or any other individuals.

– Not to use the Site for any commercial activities other than those approved under these terms.

– Not to register for more than one account for yourself or for any other person.

– Not to contact any person who has requested not to be contacted.

– Not to “stalk” or harass any other user in any way.

– Not to collect personal data of other users for commercial or illegal purposes.

– Not to use automated means, including spiders, robots, crawlers, data mining tools, or similar methods to download data or engage in any other activity related to the Service.

– Not to attempt unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or affects the functionality of the Service.

 

14. Warranty and Indemnification. The user hereby warrants and represents that they have the right and authority to fully perform all obligations under this Agreement. The user shall defend, indemnify, and hold Enjoy Samples, its parents, subsidiaries, affiliates, directors, employees, and agents harmless against any claims, demands, actions, suits, debts, or liabilities, including attorney’s fees, to the extent such claims are based on or arise from a violation of any of the user’s representations, warranties, covenants, or obligations.

 

15. No Endorsement by Enjoy Samples. Enjoy Samples does not pre-screen or monitor, and thus does not endorse (and expressly disclaims any responsibility for) any third-party content or other materials created, displayed, or operated by users.

 

16. Termination of this Agreement. We may, at any time and in our sole discretion, terminate this legal agreement without notice and without refund if we believe you have violated (or acted in a way indicating that you do not intend to or are unable to comply) with any terms of this agreement, or if required by law, or if the continuation is no longer commercially viable. You acknowledge that we will fully cooperate with investigations of violations of systems or network security on other sites, including cooperating with law enforcement authorities in investigating alleged criminal violations. Please note that any termination of this agreement will also result in the termination of your license to use the products.

 

17. Liability. You agree that Enjoy Samples’ liability to you under this agreement shall be limited to the amount you have actually paid us for all products or services in question, or €100, whichever is higher. Except as otherwise provided herein, we shall not be liable for any indirect or consequential losses of any nature, whether contractual, tortious, or otherwise, arising from your use of the site or the content or in connection with the goods and/or services we provide. Nothing in this agreement shall limit or exclude liability for death or personal injury caused by negligence.

 

18. Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, ALL ENJOY SAMPLES PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ENJOY SAMPLES DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU THROUGH THE SITE, FROM US, OR FROM ANY THIRD-PARTY SITES LINKED TO THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS OR DEFECTS. USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

19. Indemnification. You agree to indemnify us from any loss or damages that may be suffered by Enjoy Samples, including, without limitation, legal fees, arising from any violation by you of any warranty or other term of this agreement, or your misuse of any material or information obtained through the site or the content.

 

20. Complaints. If you believe you are the owner of copyright or other rights in any material appearing on the site, or if you have any other complaints about the site, the content, or any other material posted, please contact us via enjoysamples.com/contact. If you wish to report content that you believe does not comply with this agreement or is otherwise objectionable, please inform us via enjoysamples.com/contact, ensuring that you include both the URL of the non-compliant item(s) and the reasons you believe it does not comply. Please note that there can be adverse legal consequences if you make a false, bad faith claim in connection with this process.

 

21. Trademarks. The trademarks, products, and service names used on the site and in the content (including, without limitation, “Enjoy Samples”) are trademarks or trade names of Enjoy Samples or our business partners, unless otherwise stated.

 

22. Hacking. You agree and undertake not to attempt to damage, deny service, hack, crack, disassemble, or otherwise interfere (“Interference”) with the site and/or the content in any way. If you interfere in any way with any of the above, you agree to indemnify us for all damages we suffer as a result. We will cooperate with authorities to prosecute any user who interferes with the site or the content or attempts to defraud Enjoy Samples or any other party through your use of the site, content, or any services provided in connection with this agreement. We reserve the right to deny any user access or service for any reason at any time at our sole discretion. You agree that we may block your access and, at our sole discretion, refuse your continued use of the site and/or the content. We reserve the right to take any action that we deem appropriate in our sole discretion regarding violations or enforcement of the terms of this agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

 

23. No Partnership. Your use of the site and/or the content does not create any partnership, agency, fiduciary relationship, or other professional relationship.

 

24. Entire Agreement. This agreement constitutes the entire agreement between the parties concerning the subject matter hereof. There are no other understandings, agreements, or representations, oral or written, not specified in this agreement concerning this agreement.

 

25. Force Majeure. We shall not be liable for any failure to perform or delay in the performance of our obligations under this agreement that is caused by events outside our reasonable control and that are not reasonably foreseeable.

 

26. Severability. If any part, term, or provision of this agreement is illegal, unenforceable, or in conflict with any applicable law, the remaining parts, terms, and provisions shall remain in full force and effect

 

27. Non-Waiver. No waiver, express or implied, by either party of any clause or condition of this agreement, or of any breach of any provision of this agreement, shall be deemed a waiver of any subsequent breach of the same provision or any other provision of this agreement.

 

28. Modification. This agreement may be amended from time to time by posting new terms on the site, and any such modification will be effective for all users upon the date and time of posting of the revised terms on the site. Your continued use of the site or services constitutes your agreement and acceptance of any such modification or other changes. We are constantly experimenting and innovating with the site to provide a better experience to users, and you acknowledge and agree hereby that the form and nature of the services may change from time to time without prior notice.

 

29. Applicable Law and Jurisdiction. This agreement shall be governed by and interpreted in accordance with the laws of the French Republic. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Paris, France.

 

30. Contact Us. If you have any questions, please contact us via enjoysamples.com/contact.

 

Visitor Agreement for Enjoy Samples Website

 

ANY PERSON OR ENTITY (“User” or “You”) VISITING, USING, OR OTHERWISE ACCESSING THE SITE AT www.enjoysamples.com (the “Site”) OR ANY INFORMATION CONTAINED ON THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT (“Visitor Agreement”).

 

1. Enjoysamples.com. The Site, as well as all content, data, and other materials contained therein (the “Content”), are the property of Enjoy Samples, a company registered under 829 215 300 00023 in France, with its registered office at 10 Allée des Berges in Lagny-sur-Marne. Enjoy Samples is referred to in these terms and conditions as “we,” “our,” or “Enjoy Samples.”

 

2. Registration. If you wish to purchase products or otherwise use the service, you must agree to the terms of the End User License Agreement.

 

3. The Enjoy Samples Service. Enjoy Samples is an online sales service (the “Service”) that allows you to browse and purchase downloadable pre-recorded sounds, sound effects, loops, and samples (the “Products”).

 

4. Use of the Site. The Site is intended solely for the specified purposes, and your use of the Site and/or the Content is entirely at your own risk. Please note that, while we strive to provide accurate and helpful information, the Content may be inaccurate and subject to change, often very quickly. To the fullest extent permitted by applicable law, all Content is provided without any representation or warranty of any kind (whether implied or express). In particular, Enjoy Samples does not warrant that the Site or the Content will be accurate, up-to-date, complete, or free from defects, including (without limitation) viruses or other harmful elements.

 

5. Featured Links. The Site may display and/or reference links to other websites and services from time to time. Enjoy Samples: (i) does not endorse or assume responsibility for the content of these websites or services, (ii) is not responsible for the availability of these websites or services, and (iii) shall not be liable for any loss or damage you may suffer from using these websites. If you decide to access linked websites or services, you do so at your own risk.

 

6. Linking to the Site. Any other website may link to the Site provided it does not imply any endorsement of its products or services by Enjoy Samples, does not misrepresent its relationship with Enjoy Samples, does not infringe any intellectual property or other rights of any person, and complies with all applicable laws and regulations. Please note, however, that Enjoy Samples reserves the right to withdraw such permission at any time (generally or in respect of specific site(s) as appropriate) and to take any other appropriate action.

 

7. Content. Enjoy Samples, unless otherwise stated, owns or controls all relevant rights to the Site and the Content. You may not publish, distribute, extract, reuse, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly permitted herein or as permitted by applicable law.

 

8. Hacking. You agree not to attempt to damage, deny access, hack, crack, reverse-engineer, or interfere in any way (“Interfere”) with the Site and/or the Content. If you Interfere in any way with any of these, you agree to pay all damages suffered by Enjoy Samples. We will cooperate with authorities to prosecute any person who Interferes with the Site and/or the Content or otherwise attempts to defraud Enjoy Samples or any other party using the Site and/or the Content or the services provided on it. Enjoy Samples reserves the right to refuse all or part of the access to the Service to any user for any reason at any time, in our sole discretion. The user agrees that we may block the user’s access at any time, and at our sole discretion, we may prohibit the user from continuing to use the Site or the Content without prior notice. We reserve the right to take any action we consider appropriate, in our sole discretion, concerning the violations or enforcement of the terms of this Site Visitor Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

 

9. Complaints. If you wish to notify us of any content that you believe does not comply with applicable law or is otherwise objectionable, please inform us via enjoysamples.com/contact (making sure to include specific references to the objectionable content and the reasons you believe it is not compliant).

 

10. Trademarks. The trademarks and service names used on the Site and/or the Content (including, without limitation, “Enjoy Samples”) are trademarks or trade names of Enjoy Samples or its business partners, unless otherwise stated. You are not authorized to distribute products or offer services under or in reference to these trademarks, trade names, or slogans without prior written consent from Enjoy Samples.

 

11. Limitation of Liability. The user agrees that Enjoy Samples’ liability to the user under this Site Visitor Agreement shall be limited to direct damages up to the amount actually paid by the user to Enjoy Samples for its services (or, if greater, €100).

 

12. Indemnification. The user agrees to indemnify Enjoy Samples from any loss or damage that may be suffered by Enjoy Samples (including its officers, employees, and/or affiliates, including legal fees) arising from the user’s use of the Site, the Content, or the user’s use of any information obtained from them.

 

13. Severability. If any part, term, or provision of this Agreement is held to be illegal, unenforceable, or in conflict with any relevant law by a competent court, the remaining parts or provisions shall remain valid and continue to have full effect.

 

14. Modifications to this Agreement. This Agreement and/or any other terms of service may be amended without notice, and any such amendment shall be applicable to all users from the date and time when the revised terms were posted on the Site (or otherwise made available to you). Continued use of the Site, Content, or services provided by Enjoy Samples constitutes agreement and acceptance of any such modification or other change.

 

15. Law and Jurisdiction. This Agreement shall be governed by and interpreted in accordance with French law. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the French courts.