Terms of Use
ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING crates.whosampled.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT ("Agreement").
1. Contracting parties. The Site, together with all content, data and other materials contained therein (“Content”), is owned or controlled by WhoSampled.com Limited, a company registered in England with its registered office at c/o Rodliffe Accounting Ltd, 1 Canada Square, 37th Floor, London E14 5AA, United Kingdom. WhoSampled.com Limited is referred to in these terms and conditions as "we", "us", "our" or “WhoSampled”. When you register with (or otherwise access) the Site, you are contracting with WhoSampled. You must be 13 years of age or older to register or use the services available via the Site. If you are under 13, you should review these terms with your parent or guardian to make sure you and your parent or guardian understand and agree to this User Agreement. By continuing to use such services, you are warranting that you are at least 13 years old and you have the authority to enter into this Agreement. For the avoidance of doubt, you must be a human to use the Site (and any use by "bots" must be done in accordance with the robots.txt rules and is permitted only by search engines for the purpose of indexing our pages).
2. Passwords. You will need a valid email address to become a registered user. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site or any Content, or other Users, or to seek to pass yourself off as another User, or to impersonate any other third party. If you think someone else has obtained your account details, please let us know immediately via support@whosampled.com and we will close your account as quickly as possible. Please note that you will be responsible to WhoSampled and to others for all activity that occurs under your account.
3. Your Personal Information. You agree to provide only true, accurate and complete information to us via the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. By agreeing to this Agreement you expressly agree to the terms of the Privacy Policy.
4. The Crates Service. The Crates licensing service, available via the Site, allows Users to license and download, for Users’ own creative music productions, certain audio sample packs (“Products”) as detailed on the Site from time to time (the “Service”). Users may also offer and/or post new information and certain items of content and materials to the Service (“User Content”).
5. Use of the Service. The Site and the Service are intended only for the purposes specified or implied therein, and your use thereof is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Service (and the Content and User Content) may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. The Service is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. WhoSampled, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Service in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site or the Service are for your personal, non-commercial use only, and are not for sale, re-distribution, transfer, assignment or sublicense. You may not make any commercial use of any of the Service or any Content without written authorisation from WhoSampled. Any such commercial use may be made only through the Service.
6. Copyright Restrictions. All rights not expressly granted to User are reserved. Products are licensed, not sold, to you to be used solely for (or, more precisely, reproduced within) your original musical compositions and productions. All copying, lending, duplicating, re-selling or trading of any Product or other Content is strictly prohibited, save as used for or incorporated into your original created works. Only the original purchaser of a Product has the right to embody and reproduce that Product within their music productions. Each licence is granted for a single user only. For the avoidance of doubt, no ownership of copyright is transferred hereunder. You agree and acknowledge that WhoSampled and its licensors have proprietary and financial interests in all sound recordings and compositions within the Products, and that any use by you that frustrates the purpose of this Agreement or circumvents the revenue model of WhoSampled (including without limitation selling, renting, or otherwise using or distributing un-integrated Content) would likely cause irreparable loss in a way that could not be adequately compensated by damages.
7. Liability for User Content. Any User submission or Products which contains (or links to) content that infringes the copyright of a third party will be removed upon reasonable request by the copyright holder. As part of our copyright policy, we will terminate User access to the Service if, in our reasonable opinion, that User is determined to be a repeat infringer (or otherwise has been the subject of more than one valid copyright notice or Take Down request which has not been successfully rebutted).
8. Code of Conduct for User Content. You agree to obey all applicable laws in using the Site, and agree that you are responsible for the contents and/or communications you share or initiate via the Site, including music content. You agree that you are responsible for everything that you post or transmit to or via the Site and you agree (in relation to the Site):
- not to post or share content which you do not have the right to use or which infringes the rights of a third party;
- not to post or share content or participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, amounts to bullying or intimidation of others, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
- not to register more than one account for yourself or anyone else;
- not to post or share content that contains software viruses or any other computer code, files, or programs, devices, scripts, bots, crawlers or scrapers that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
- not to abuse other Users or anyone else;
- not to publish your own contact details or those of anyone else;
- not to publish private information about yourself, other Users or anyone else;
- not to post or share content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
- not to post or share content intended to be used for a commercial purpose of any kind, other than for promotional purposes relating directly to content in which you own all relevant rights; and
- not to post or share content of the same nature in multiple Site locations so as to be a nuisance to, or amount to spam for, other Users.
You acknowledge and accept that when you post content using the Site, you may be exposed to comments or critical submissions from other users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against WhoSampled with respect to any such comments or submissions.
You acknowledge and agree that WhoSampled reserves the right to disable or remove any content from the Site at any time.
9. No Endorsement by WhoSampled. We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) any materials shared or exhibited or otherwise exploited by Users. However, we have the right at our sole discretion to remove any content of any kind that, in our judgement, does not comply with this Agreement, Supplier Licence Agreements and any other rules of User conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. If you wish to complain about information and materials uploaded by other Users please contact us via the Contact Us page.
10. Licence for Download and Use of Products. By purchasing a Product (and subject to your compliance with this Agreement and the relevant licence terms), you will be granted a non-exclusive, non-transferrable license to use such Product solely for use within new recordings or derivative works created by you on the terms of the User Licence Agreement. Products must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. Except as expressly permitted herein, to the fullest extent of applicable law you may not copy, modify, distribute, sell or lease any Product.
11. Pricing. Prices are as set out on the relevant pages of the Site from time to time. Prices (and availability of specific Products) are subject to change by posting new prices or notification of availability at any time. All prices are inclusive of VAT (or sales tax) unless otherwise stated. Please note that use of the Site may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.
12. Payments. Payments may be made by credit or debit card using Visa or MasterCard (or other payment methods offered from time to time as detailed on the Service). All transactions are charged immediately. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order nor are we not obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to you and that there are sufficient funds or credit available to cover the charges. By placing any order hereunder, you warrant and represent that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement. Please note that international payments and certain payment methods may give rise to higher payment processing costs.
13. Refunds. Due to the nature of downloadable products and online services, no refunds are normally available for subscriptions, licences or any other product or service. Any refund request will be considered in our sole discretion and our decision will be final. Nothing herein affects your statutory rights.
14. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on or via the Site, please immediately report such material (and the specific URL and location where it can be found) to support@whosampled.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
15. Termination of this Agreement. WhoSampled may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without liability to you, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein or any term in a Supplier Licence Agreement and/or User Licence Agreement, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
16. Liability. You agree that the liability of WhoSampled to you hereunder shall be limited to the amount you have actually paid to WhoSampled for its products or services hereunder or, if greater, US$100. No claim may be bought by you more than two years from the event triggering the claim. Except as set out herein, WhoSampled shall not be liable for any indirect, consequential, incidental, special or exemplary damages (including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages) arising from your use of the Site or the Service or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury or fraud caused by negligence of WhoSampled. Where promotions, products or services are offered by third parties via links on the Service and you choose to access or buy or use any such offer, you do so on such third party's terms and at your own risk and WhoSampled shall have no liability to you of any kind in respect or in connection with any such third party offers.
17. Warranties. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL WHOSAMPLED PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WHOSAMPLED MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICE, THE SHARING OF CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT VIA OR OTHERWISE IN RELATION TO THE SITE OR THROUGH THIRD PARTIES' WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
18. Indemnity. You agree to indemnify WhoSampled for any loss or damage that may be incurred by WhoSampled, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Service. You further undertake to indemnify WhoSampled for all loss or damage incurred by WhoSampled in relation to any third party claim against WhoSampled for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Service.
19. Trade Marks. The brands, products and service names used in the Site and the Service (including without limitation, "WhoSampled” and “Crates”) are trademarks or trade names of WhoSampled or its trading partners unless otherwise stated.
20. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere" and “Interferences”) with the Site and/or the Service in any manner including Interferences that target an individual User. If you in any way Interfere with these, you agree to pay all damages we incur as a result. WhoSampled will cooperate with the authorities in prosecuting any User who Interferes with the Site or the Service or otherwise attempts to defraud WhoSampled or any other parties through your use of the Site or the Service. WhoSampled reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, monitor your content and force forfeiture of a user name, and at our sole discretion to disallow your continued use of the Site and/or the Service. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to 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.
21. No Partnership. Your use of the Site and/or the Service creates no partnership, client, fiduciary or other professional relationship.
22. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
23. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
24. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
25. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
26. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
27. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
28. Contacting Us. If you have any questions, complaints or comments, please contact us at the following address: WhoSampled.com Limited, c/o Rodliffe Accounting Ltd, 1 Canada Square, 37th Floor, London E14 5AA, United Kingdom, or email us via support@whosampled.com.