TERMS OF SERVICE
Purchased Sounds Terms of Service
These Purchased Sounds Terms of Service (“Sounds Terms”) are incorporated by reference into, and made a part of, the Terms of Use (the “Terms”). Capitalized terms used in these Sounds Terms, but not defined, have the meanings given in the Terms. These Sounds Terms apply to your use of Purchased Sounds (defined below). Please read these Sounds Terms carefully. If there is a conflict between the Terms and these Sounds Terms, these Sounds Terms will govern to the extent of the conflict. BY ACCESSING OR USING THE LOFI TAPE SOUNDS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE LOFI TAPE SOUNDS, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE SOUNDS TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE LOFI TAPE SOUNDS.
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FOR CLARITY, AND WITHOUT LIMITING ANYTHING IN THESE SOUNDS TERMS, AS FURTHER DESCRIBED IN THE TERMS, THESE SOUNDS TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. THE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, TO THE FULLEST EXTENT PERMITTED UNDER LAW. Please review the Terms for the details regarding your agreement to arbitrate any disputes with Company.
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Purchased Sounds
Purchased Sounds are the downloadable samples and other materials from the Service (materials available for download through The Lofi Tape are “Purchased Sounds”).
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Your Use of Purchased Sounds
Purchased sounds are licensed, not sold, to you. We grant you a non-exclusive, non-transferable, perpetual right to use Purchased Sounds you obtain through The Lofi Tape in combination with other sounds in music productions to create new recordings. This means that you may modify, reproduce, publicly perform, distribute, transmit, communicate to the public, sublicense and otherwise use Purchased Sounds, including for commercial purposes. However, you may not (a) use or sublicense the Purchased Sounds in isolation as sound effects, loops, or as source material for any other form of sample (even if you modify the Purchased Sounds), (b) use or sublicense Purchased Sounds in a manner competitive to Company or its licensors, (c), sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer all of the Purchased Sounds to a third party except as incorporated into a new music production; or (d) redistribute Purchased Sounds in new sample packs.
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Ownership
You do not own the copyright in the Purchased Sounds, and if you submit a takedown notice to any third party sites for a work you create using a Purchased Sound, then you are responsible for ensuring that such takedown notice is not being issued for a different work on the basis that the different work includes the same Purchased Sound. Submitting a takedown notice in violation of The Digital Millennium Copyright Act of 1998 (the “DMCA”) may subject you to liability for damages under Section 512(f) of the U.S. Copyright Act.
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Unoriginal Sounds
We make efforts to require that all Purchased Sounds provided to us by third parties be original. If we learn that a Purchased Sound previously provided to you was not original to the provider, or we have a good faith reason to believe the Purchased Sound is not original, we may use reasonable efforts to notify you and work together with you to minimize any damage you suffer from the use of that unoriginal Purchased Sound. If you have reason to believe that a Purchased Sound you obtained from The Lofi Tape is not original to the provider, please let us know by emailing copyright@thelofitape.com.
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Refunds
The Lofi Tape does not offer refunds for all the Purchased Sounds. If there are any issues with a Purchased Sound or an ordered item please contact The Lofi Tape immediately, we aim to solve any issue amicably. No refund will be given if a user violated the Terms of Use or Terms of Service. To learn more about refunds we offer for elegible Purchased Sounds, please read or Refund Policy.
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Promotional Codes
From time to time, in connection with other promotional activities for Purchased Sounds made available on The Lofi Tape, we may offer promotional codes (“Codes”) that can be used as Discounts for Purchased Sounds. Codes are for personal and non-commercial use only and may not be duplicated, sold or transferred in any manner. Only one Code can be used per User in connection with each promotion. We reserve the right to disable any Code in our sole discretion. Codes (a) may only be used pursuant to the specific terms that we establish for such Code; (b) are not valid for cash; and (c) may expire prior to your use. We may withhold or deduct Credits or other features or benefits obtained through the use of Codes by you if we determine or believe that the use or redemption of a Code was in error, fraudulent, illegal, or in violation of the applicable Code terms or the Terms.