TERMS

Digital Download Terms

These terms may have changed since you last reviewed them 

  1. These Terms
    1. These are the terms and conditions on which we provide access to the Infinite Samples platform and supply access to and downloads of digital audio content through our website https://infinitesamples.com (Site).
    2. Please read these terms carefully before you register, apply for access, pay the annual access fee, download any sound, request a licence, or place an order. These terms explain who we are, how platform access works, how licences are requested and granted, how fees are charged, and other important information.
    3. These terms apply together with any documents referred to in them, including (where applicable) our end user licence agreement for separate consumer products such as Kontakt instruments.
  2. About us and our products
    1. You can find everything you need to know about us, Infinite Samples Ltd, and our digital products on our website before you place an order
    2. You can contact us by emailing our customer service team at [email protected].
    3. If we need to contact you, we will do so by using the contact information you have provided to us when submitting your order.
  3. Industry Only Platform and Business Customers
    1. The Infinite Samples sound design catalogue and platform access is provided on an industry only basis to approved users. By registering and using the catalogue, you confirm you are acting wholly or mainly for the purposes of your trade, business, craft or profession.
    2. Certain products may still be sold to individual consumers for personal use, including our Kontakt Instrument (Pangea) and Kontakt FX Sampler (The Abyss). Those products are governed by the End User Licence shown on the Site and may have different rights and terms: https://infinitesamples.com/end-user-licence/
  4. Account Approval and Eligibility
    1. Access to the catalogue is restricted. You must apply for access and you may only use the catalogue if we approve your account.
    2. We may approve, refuse, suspend, or revoke access at our discretion, including where we believe use is inconsistent with these terms, where there is suspected misuse, or where you breach any licence terms.
    3. You agree to provide accurate and complete information when registering and to keep it updated. You are responsible for maintaining the security of your account and credentials.
  5. Annual Platform Access Fee
    1. The platform access fee is £79 GBP per person per year (plus VAT where applicable), unless otherwise agreed in writing.
    2. The access fee provides an approved user with access to browse, audition and download catalogue sounds for evaluation and internal testing purposes only. It does not include any licence to use sounds in released or public facing projects. Licences must be requested and agreed separately per use.
    3. The access fee is generally non refundable, except where required by applicable law or agreed by us in writing.
  6. Auditioning and Downloads (Evaluation Only)
    1. Approved users may browse, audition and download sounds from the catalogue for internal evaluation, mockups and testing.
    2. You must not publish, broadcast, distribute, sell, sublicense, share, upload, or otherwise exploit any downloaded sound (or any part of it) in any project without a licence granted by us in writing for that specific use.
    3. We may apply project and user specific watermarking or other identification measures to downloaded files and or licensed deliverables.
  7. License Requests, Quotes and Grant of Rights
    1. If you wish to use any sound in any project, you must submit a licence request through the Site (or as otherwise directed by us) before any release, distribution, publication, broadcast or commercial use.
    2. A licence is granted only when all of the following have occurred:
      3. We confirm approval in writing | You accept the quote and licence terms | You pay the applicable fee in full (unless invoicing terms are agreed in writing) | We provide written confirmation of the licence (and where relevant, delivery of a licensed file).
    3. Licence fees are quoted per use and may be calculated based on factors including (without limitation):
      4. Term (duration) | Territory (geographic scope) | Usage Type (for example: advertising, trailer, film, episodic television/streaming, games, broadcast, online) | Media and Distribution Channels | Exclusivity (if requested) | Project Context (for example, major brand campaigns or high profile productions) | Any other factors relevant to scope, risk, and value.
    4. Licences are project specific. A licence granted for one project does not grant rights for any other project, edit, cutdown, campaign extension, sequel, version, or reuse unless expressly agreed in writing.
    5. We may refuse any licence request at our discretion.
  8. Our rights to make changes
    1. You acknowledge and agree that we may update or require you to update the digital content purchased from us, provided that the digital content shall always match the description of it that we provided to you before you bought it.
  9. Price and payment
    1. Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order
    2. If the rate of VAT changes between your order date and the date we supply the digital content, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
    3. We accept payment with major credit/debit cards, and for digital content, we charge you when you order and you must pay for the products before you download them or use credits as appropriate. However, for some products, such as our subscription plans, we may take payment at regular intervals, as explained to you during the order process and as we have repeated here:-
      1. You can cancel your subscription plan here through your membership account: https://infinitesamples.com/membership-account/membership-cancel/. Cancellation of your chosen plan will take effect at the end of the period of your chosen plan i.e. at the end of 30 days from the date you ordered the plan (Billing Cycle). At the end of your chosen plan, all of your unused Credits will no longer be available to you and will expire at the end of the Billing Cycle.
    4. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    5. If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
  10. Subscription Plans
    1. You can find out more about our subscription plans available for purchase here: (https://infinitesamples.com/pricing-page/). Each subscription plans contains different rights to the digital content supplied to you through each subscription plan which are subject to our end user licence agreement.
    2. To register for one of the subscription plans, you agree to provide us with accurate and complete information when you register a user account with us, and you agree to update your user information in order to keep it accurate and complete.
    3. You agree to regularly maintain the security of your account, including but not limited to, changing your password to access your user account, in order to maintain the security of your user account and personal information
  11. Credits
    1. Any subscription plan entitles you to receive a specified number of credits which can be used to download samples. One sample will be worth one credit (Credit).
    2. Credits cannot be transferred or sold.
    3. You may use Credits, granted to you by way of purchasing one of our subscription plans, to download digital content on our website.
    4. Once you have used a Credit to purchase and download digital content and you have begun to download the digital content, you will lose any right you might have to cancel or change the use of that Credit meaning that you will not be able to change or cancel the digital content you have downloaded.
    5. One credit entitles you to one download.
  12. Billing Cycles
    1. If we are unable to collect payments, we may immediately suspend your account, credits and downloads. If you need to change your payment method you need to ensure this is up to date at all times to ensure access to your credits and ability to download from our website. You will have up to the end of the Billing Cycle to correct your account details otherwise clause 9.3.1. applies. For the avoidance of doubt, if we are unable to collect payment, your account will immediately be suspended and all functionality will be lost until valid payment details are provided and/or payment is collected in accordance with this clause 12.
  13. Cancelling your subscription plan
    1. You may cancel your subscription plan at any time through your membership account, or by contacting our customer services team.
    2. Should you cancel your subscription plan before the next billing date, you will not receive a refund of any licence fees already paid for the period of your subscription.
    3. Clause 9.3.2 applies on cancellation by you.
    4. If we cancel your subscription for any reason, then at our discretion you shall either be entitled to:-
      1. Use your remaining credits from a specified date of notice of us terminating your subscription; or
      2. You will be refunded an amount based on the following calculations:-
        1. If you purchased a specific number of Credits and all of those Credits remain unused at the time of termination you shall be entitled to a full refund equivalent to the price paid for those Credits; or
        2. If you purchased a specific number of Credits but only a portion of those Credits remain unused at the time we issue the notice of termination, the refund amount shall be calculated proportionally. You shall receive a refund equivalent to the percentage of unused Credits relative to the total Credits purchased, multiplied by the price paid for those Credits.
    5. For the avoidance of doubt, on cancellation by either party any content which you have downloaded shall be usable by you after such cancellation but at all times can only still be used in accordance with the licence agreement.
  14. Termination
    1. The Consumer Rights Act 2015 says digital content such as our Kontakt Instrument (Pangea) and our Kontakt FX Sampler (The Abyss) must be as described, fit for purpose and of satisfactory quality. As a consumer, if the digital product is faulty or not as described, you are entitled to a repair replacement. If the fault cannot be fixed, or if hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. These rights do not apply to business customers but business customers may have a legal right to end the contract (or to have the digital content repaired or replaced or to get a full or partial refund if it cannot be repaired or replaced).
    2. If you are a consumer, you have a legal right to change your mind. For our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. You CANNOT change your mind for digital products after you have started to download or stream them or, for sealed audio, sealed video recordings or sealed computer software, once these products are unsealed after you receive them. If you change your mind about a product, you must let us know no later than 14 days after the day we confirm we have accepted your order, although you cannot change your mind about digital content once we have started providing it. To let us know you want to change your mind, contact our customer services team at [email protected].
    3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation:
      1. We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      2. We have suspended an order and have notified you that the suspension is for technical reasons and for a period of more than 14 days; or
      3. You have a legal right to end the contract because of something we have done wrong.
    4. .If you want to end the contract for a reason that is not our fault and there is no right to change your mind, you may still be able to cancel however we may charge compensation and you will need to contact us to inform us. A termination of the contract under this clause 14.4 is at our sole discretion.
    5. We can terminate our contract with you in respect of our digital content by serving written notice of termination; for example, if you don’t make any payment to us when its’ due and you still don’t make payment within 30 days of our reminding you that payment is due.
  15. How to Terminate
    1. To terminate the contract in line with clause 14, please let us know by emailing us and providing details of you and your order to [email protected].
  16. Refunds
    1. If you are entitled to a refund under the terms of this agreement, we will refund you the price you paid for the digital content (unless it is a partial refund), by the method you used for payment, as soon as reasonably practicable. If you have exercised your right to change your mind, we will issue a refund within 14 days of you informing us you have changed your mind.
  17. Questions or complaints
    1. If you have any questions or complaints about the digital content on our site and/or which has been downloaded, please email our customer service team on [email protected].
  18. Additional Terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, person, business or entity.
    2. If you are a business customer, you may only transfer your rights under this agreement if we provide prior consent in writing.
    3. Nobody else has any rights under this agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court or relevant authority of competent jurisdiction finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
    6. We will process any personal data provided by you in accordance with our privacy policy and applicable data protections laws, including the UK General Data Protection Regulations and the Data Protection Act 2018. If you purchase a subscription plan, your data will be processed in accordance with the end user licence agreement.
    7. Nothing in this Licence limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation. We shall not be liable, however, to you for any loss of profits, loss of business, loss of data, or any indirect or consequential loss arising under or in connection with this Licence
    8. The terms of this agreement and any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
  19. What can you do with the digital download?
    1. Use of the digital download is at all times subject to the terms of the licence agreement the terms of which shall continue after termination, suspension, cancellation or otherwise of this contract or any contract between us.

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