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By using
the Silicon Beats website, you agree to
be bound by the following terms and conditions.
1. All sounds
available from Silicon Beats are licensed,
not sold, to you by Silicon Beats. Silicon
Beats is either the owner or master licensor
of the Sounds. The payment you make to download
the sounds gives you the non-exclusive right
to incorporate these sounds in any audiovisual
production, website, video game, or other
media production, without paying any additional
royalties, license fees, or any other fees
to Silicon Beats or third parties.
2. You may
not distribute, sell, rent, lease, sub-license,
assign, or otherwise transfer any of the sounds
except as incorporated in a production. You
may not distribute the sounds in native format
or in any format which could be construed
as competitive. This license expressly forbids
resale, re-licensing or other distribution
of these sounds, either as they exist, or
any modification thereof. You cannot sell,
loan, rent, lease, assign or transfer all
or any of the enclosed sounds to another user,
or for use in any competitive product.
3. You will
not disclose access codes or passwords used
in accessing any area of the Silicon Beats
website to any other party and will maintain
such codes or words as confidential. You will
exercise due diligence and maintain strict
safeguards on all sounds received by you from
Silicon Beats to prevent unauthorized use
or distribution thereof. Silicon Beats reserves
the right to remove any usernames and/or passwords
and ban, without notice or refund , any users
posting Silicon Beats' sounds, download keys,
passwords or links, to any newsgroups, message
boards, websites or forums. If You become
aware of any unauthorized use or distribution
of the sounds, You shall immediately notify
Silicon Beats through our contact
form.
4. You will
indemnify, save, hold harmless and defend
Silicon Beats from and against any and all
claims, demands, suits, damages, liabilities
and all reasonable expenses, including attorneys'
fees, against or suffered by Silicon Beats
with respect to any matter that arises as
a result of a breach of this agreement by
you.
5. Injunctive
Relief. You acknowledge that Silicon Beats
has a proprietary interest in the Sounds contained
within this web site and that any use by you
that intends to frustrate the purpose of this
agreement, including but not limited to selling,
renting, or otherwise distributing the sounds
would cause irreparable injury to Silicon
Beats in a way that could not be adequately
compensated by damages. You agree that, in
the event of such improper use, Silicon Beats
shall be entitled to an immediate injunction
without the requirement of posting a bond.
6. Disclaimer
of Warranties. Silicon Beats expressly disclaims
all warranties of conditions of any kind,
express or implied, including without limitation,
the implied warranty of title, non-infringement,
merchantability and fitness for a particular
purpose.
7. Limitation
of Liability. You agree that Silicon Beats'
cumulative liability with respect to any claims
made in relation to or arising out of this
agreement on any theory or basis will not
exceed the purchase fee paid by you to Silicon
Beats.
8. Silicon
Beats reserves the right to amend site/CD
content & prices without notice.
9. Due to
software piracy, defective Silicon Beats CD’s
will not be refunded. You will be issued with
a replacement disc on return of the faulty
item.
10. You
accept that on occasion Silicon Beats will
email you information regarding our services
and any related product information on the
subject of loops and samples. Silicon Beats
Will not disclose your email address to any
companies outside of our organization.
11. You
are NOT permitted to include our sound files
in website/multimedia templates that are sold
or given away freely by such organizations
as www.templatemonster.com this is regarded
as reselling our material in a ''stock'' format
and is not acceptable unless you have negotiated
a custom license agreement with our licensing
department. This type of specialist agreement
can be obtained by contacting us directly.
12. Credits
- As a member of our site you are not required
to pay any additional licenses or royalties
in order to be able to use our samples in
your own musical recordings, however we must
insist that you credit us in your product
literature. This helps spread the word about
our services and helps our survival. A simple
example of a typical credit would be "Sitar
and double bass samples used in track five
courtesy of www.siliconbeats.com.
13. Visualization
- You understand and accept that the box designs
displayed within the catalog are purely for
illustration purposes. These are not actual
boxes. The product you are purchasing is a
none tangible download unless otherwise stated.
PLEASE NOTE:
REFUNDS
ARE ONLY GIVEN AT THE DISCRETION OF THE MANAGEMENT.
Copyright 2002-2007 Silicon Beats
All rights
reserved.
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