Welcome to Samplive!
The terms and conditions detailed below (the “Terms”) govern your use of the website located at https://samplive.co.il (the “Site”), including future mobile applications related to the site (an “App”), and any services and resources available or enabled via the Site and associated software made available through the Site and App (collectively, with the Site, the “Service”). Please read the terms carefully, as your use of the Site and the Services it offers, constitutes your agreement to said Terms.The Services. The Services are a platform designed to provide resources to create, perform and enhance musical works. The Services include samples of musical sounds and/or soundtracks of different single musical instrument (“Live Samples”).
By accessing or using the Service, clicking on the “I accept” or similar button, and/or completing the registration process (as detailed below), you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by, this agreement.
Please note that Galan Dahan and/or on behalf of a company under incorporation Ltd. (“Samplive” or “We” or the “Company”), the owner and operator of the Site, may change said Terms at any time and at its sole discretion. Your agreement with Samplive is comprised of these Terms of Use and our Privacy Policy (which is available on the Site and by clicking the relevant link).
Eligibility. You must be at least 18 years old to use the Site, App or Service. By accessing or using the Site, App, or Service or otherwise agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; (ii) your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Account Registration
In order to use the Services including the purchase of Live Samples, you have to create an account with us (an “Account”). In order to create an Account, you will have to provide us with certain personal information (the “Personal Information”), such as username, password, email and full name. If you choose to provide such Personal Information, you agree to provide accurate and up-to-date information about yourself. The use or disclosure of any Personal Information you supply is governed by our Privacy Policy. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether you know of them or not. It is also your responsibility to make certain that any person who accesses the Site via your Account, is aware and compliant of these Terms and any other Applicable terms.
Beta Disclaimer
Please note that this is a beta version of the Site. The Site is still undergoing final testing before official release. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Samplive does not give any warranties, whether express or implied, as to the suitability, usability or availability of the Services.
Should you encounter any bugs, glitches (security or otherwise), a lack of functionality or other problems in using the Services, please notify us at email: Samplive.gal@gmail.com_
If you provide Samplive with any feedback or suggestions, including support inquiries (“Feedback”), you hereby assign all rights in the Feedback to Samplive and agree that Samplive will have the right to use the Feedback and related information in any manner it deems appropriate. Samplive will treat the Feedback as non-confidential and non-proprietary. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary to Samplive.
License
The Site, Apps, Services and Live Samples (“Samplive Assets”) are owned and operated by Samplive. The soundtracks, works, creations, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, and all other elements of Samplive Assets are protected by intellectual property and other laws. All materials included in Samplive Assets are the property of Samplive or its third-party licensors. Except as expressly authorized hereunder, you may not use any of the Samplive Assets unless granted expressly in these Terms.
Subject to your compliance with the terms and conditions set out herein, Samplive grants you a personal or business purposes, limited, non-exclusive, non-sub-licensable, non-assignable, revocable license to download, install and use the Live Samples, in object code format only, on certain Devices owned by you, for your use, for the sole purpose of using the Live Samples for its intended purpose.
Samplive reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. You agree that he Samplive will not be liable for any suspension, modification, discontinuance or lack of availability of the Services.
License Restrictions
You acquire no right or title in the Services and/or in Live Samples.
Live Samples are licensed, not sold, to you. Subject to your compliance with these Terms, you may use Live Samples in combination with other musical sounds to create a new musical work. This means that you may modify, change tune, alter, add affects, reproduce, publicly perform, distribute, transmit and otherwise use our Live Samples, including for commercial purposes.
You may not sell, sub-license, loan, rent, lease, assign, or otherwise transfer the Live Samples you purchased via the Services (whether in form received or as modified by you) to a third party except as incorporated into a new musical and/or audio work.
You agree to the following license restrictions: (a) any other content made available through the Services shall be used only for your personal, non-commercial purposes and solely in connection with your use of Live Samples ; (b) not to install or use a copy of the App or Services on a Device that you do not own or control; (c) not to duplicate, copy or distribute the App or Services, except as necessary to use it on your Device; (d) not to license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or Services or make the App or Services available to any third party and any attempt by you to take such action shall be void ab initio ; (e) to not use the App or Services for any fraudulent, unlawful, unauthorized or illegal activity; (f) not to modify, translate, or create derivative works based on the App or Services or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the App by any means whatsoever.
You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws.
In-Site Purchases
In the Site, you may purchase certain subscriptions to use the Site’s features (the “Subscription”) and or Services.
When you purchase a Subscription, we offer you a secure and convenient method for making payments online using PayPal. The PayPal system uses industry-leading security measures to ensure that your financial information is kept private.
After you select your Subscription and click on the “Proceed to checkout”, you will complete your payment details on PayPal website. Once PayPal clears your payment, we will send you an email confirming your purchase. Samplive cannot accept, and hereby excludes to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal. Additional information about the PayPal payment system may be found on the PayPal website.
Cancelations. You may cancel your Subscription within 24 hours of purchase by contacting us at Samplive.gal@gmail.com and provided that you have not yet used any of the Services. No refunds will be given after 24 hours from purchase. Cancelation is subject to receiving written confirmation from Samplive stating we have received the cancellation notification and the Subscription has been cancelled.
Subscriptions
Soundlovers: This subscription will grant you up to 100 downloads a month. Payment is made in advance for the following month and will continue consecutively unless canceled by you 5 days prior to the renewal of the next month.
Real Producers : This subscription will grant you up to 200 downloads a month. Payment is made in advance for the following month and will continue consecutively unless canceled by you 5 days prior to the renewal of the next month.
Master Producer Plan: This subscription will grant you up to 400 downloads a month. Payment is made in advance for the following month and will continue consecutively unless canceled by you 5 days prior to the renewal of the next month.
Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription.
Any free trial or other promotion that provides you access to the Services must be used within the specified time of the trial. All free trials are subject to these Terms.
Third Party Sites
Samplive reserves the right to provide you with advertisements of Samplive or a third-party products or services, through the Site, at its sole discretion. By using the Services you agree to receive communications from us, including via e-mail or newsletter. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
You may gain access to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites and/or applications are not within the supervision or control of Samplive and Samplive does not make any representation or warranty whatsoever about any third-party site that is linked to the Site, nor endorse the applications, products or services in third party advertisements. Samplive disclaims: (a) all responsibility and liability for content on third party websites or applications and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. Your use of third party web sites and/or applications is at your own risk and subject to the terms and conditions for such sites and/or applications and you hereby irrevocably waive any claim against Samplive with respect to third party sites and/or applications and/or third-party content.
Intellectual Property
All intellectual property associated with the Services are owned by Samplive, which may include materials protected amongst others by copyright, trademark, design, or patent laws. All content on the Site, Services and Live Samples (except for Personal Information as defined below), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content are Smpalive’s proprietary property.
The “Samplive” logo and trademark, the Site logo and trademark, and any other product or service name or slogan displayed on the Site are Samplive intellectual property and may not be copied, imitated or used, in whole or in part, without the prior written permission of Samplive. You may not use any metatags or any other “hidden text” utilizing “Samplive”, the name of the Site or any other name, trademark or product or service name of Samplive without our prior written permission. In addition, the look and feel of the Site, including all visual design elements including page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Samplive and may not be duplicated, copied, imitated or used, in whole or in part, without our express prior written permission. The look and feel of our Site is copyright © 2021 Samplive. All other trademarks, registered trademarks, product names and company names or logos that appear on the Site and App are the property of their respective owners.
Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by reference describes the collection and use of information by this Site. Please review our Privacy Policy to understand our practices.
Indemnification
You agree to indemnify and hold Samplive (and our officers, employees, and agents) harmless from and against all damages losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim or demand made by any third party due to or arising out of (a) your use of the Site and/or Subscription, (b) your violation of this Agreement or (c) your violation of applicable laws or regulations. Samplive reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Samplive and you agree to cooperate with Samplive’s defense of these claims. You agree not to settle any matter without our prior written consent. Samplive will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE LIVE SAMPLES ARE PROVIDED “AS AVAILABLE” OR “AS IS”, WITHOUT WARRANTY OF ANY KIND. SAMPLIVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE LIVE SAMPLES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAMPLIVE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SAMPLIVE DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In the event that any action or other proceeding is sought to be brought against Samplive for any purpose, you agree, notwithstanding any legislative statute of limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against Samplive and any persons who in law or at equity could claim contribution or indemnity against Samplive.
Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS SAMPLIVE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE DOWNLOADING OR USING THIS SITE.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND/OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF OR YOUR DEVICE INCLUDING LOSS OF DATA THAT RESULTS FROM THE SITE AND/OR SERVICES.
SAMPLIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY AND ALL INFORMATION (PERSONAL AND OTHERWISE) STORED BY US (IF APPLICABLE), (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE, (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, NOR IS SAMPLIVE LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER.
IN NO EVENT, SHALL SAMPLIVE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING LOSS OF PROFITS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAMPLIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL SITELY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR ONLY REMEDY AGAINST SAMPLIVE FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF SAMPLIVE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT THEREIN, SAMPLIVE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE AND/OR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE SUM OF US$ 10.
Basis of Bargain
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between us and you. Samplive would not be able to provide the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of our suppliers.
Term and Termination
The Agreement and the licenses granted hereunder are effective on the date you visit the Site and/or purchase a Subscription and shall continue until the end of the Subscription period or unless and until this Agreement is terminated by us pursuant to this section.
Samplive reserves the right to terminate your license at any time for any reason and for no reason. Samplive reserves the right to prevent access to the Services and block users from certain IP addresses or Device numbers.
Upon termination, the license granted hereunder shall terminate and you shall immediately cease all use of the Services, but any terms of this Agreement, which are intended to survive termination, will remain in effect.
Miscellaneous.
Samplive reserves the right to change these Terms of Use by posting changes on the Site, at any time, in Samplive’s sole discretion. Your continued use of the Site after any amendment shall evidence your agreement to be bound by the revised Terms of Use.
Contact Information. For communications concerning the Agreement, please contact us at: Samplive.gal@gmail.com.
Severability. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect and that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Israel, without regard to the choice-of-law principles thereof. Notwithstanding the foregoing Samplive may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights.
Assignment. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Samplive may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
Notice. You agree that any notice, agreement, disclosure or other communication that Samplive sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Entire Agreement. These Terms and the Privacy Policy, constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled.
Samplive’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.
Headings and subheadings in the Agreement are included for convenient reference only and are not to be considered in construing the corresponding text of the Agreement.
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