Your access to the EarthMoments website constitutes an agreement (“Agreement”) between you and EarthMoments Music Limited to the following terms and conditions:
1.The EarthMoments website is an online store in which you can purchase Bundles of audio sounds (“EarthMoments Samples”) and/or Bundles of visuals (“EarthMoments Visuals”). EarthMoments Samples and/or EarthMoments Visuals shall be referred to herein as “EarthMoments Bundles”. EarthMoments Bundles may also include other content such as completed track examples, graphics, visuals, text, etc. (Herein: "Other EarthMoments Bundles Content").
2.EarthSync Music Limited is the owner of all intellectual property and other rights in and to the:
a. EarthMoments Bundles.
b. Other EarthMoments Bundles Content.
c. EarthMoments website, it's graphics and trademarks (“EarthMoments Content”).
3. Please be aware that this Agreement covers your use of EarthMoments Samples and/or EarthMoments Visuals contained in EarthMoments Bundles as per clause 7 below. For use of Other EarthMoments Bundles Content and/or the EarthMoments website, it's graphics and trademarks please refer to clause 9 below.
4. Within EarthMoments, you will be able to listen and/or view a demo containing a selection (not all) of the EarthMoments Samples and/or EarthMoments Visuals contained in any particular EarthMoments Bundle you are interested in.
5. If you desire to purchase any EarthMoments Bundles, you will be redirected to PayPal for payment for the EarthMoments Bundles you wish to purchase.
6. Once you have paid for the EarthMoments Bundles purchased by you ("the Purchased Content") you will be re-directed to the EarthMoments website and thereafter you will receive an e-mail which will contain a link to a ZIP file containing the Purchased Content, a PDF containing Purchased Content information and a EarthMoments Samples User License Agreement.
a. The rights granted to you are in the EarthMoments Samples and/or EarthMoments Visuals contained in any purchased EarthMoments Bundles only and you are not granted herein any use rights in Other EarthMoments Bundles Content and/or the EarthMoments website, it's graphics and trademarks.
b. The rights granted to you are non-transferable to any entity.
c. The rights granted to you are non-exclusive.
d. You may modify the Purchased Content to suit your needs but the terms of this agreement apply to any modifications you may make.
e. The Purchased Content must be an integral part of an audio and/or audio-visual production which contains other content and as such, the Purchased Content and any part thereof may not be used in isolation or in a way which undermines or dilutes the rights of EarthSync Music Limited in the Purchased Content.
f. The Purchased Content may not be used in an audio and/or audio-visual production which contains pornographic, insulting, obscene, fraudulent, libelous, infringing or illegal material.
g. Please grant EarthMoments an appropriate credit (such as "Tabla sample in track 3” or “such and such visual courtesy of EarthMoments") in your audio and/or audio-visual productions in which Purchased Content is used.
h. We will replace any technically defective Purchased Content. We cannot accept returns for any other reason.
i. EarthMoments is not responsible if the Purchased Content does not fit your purpose. Prior to purchase please listen and/or view the demo containing a selection (not all) of the EarthMoments Samples and/or EarthMoments Visuals contained in any particular EarthMoments Bundle you are interested in.
a. We reserve our right to amend these terms at any time.
b. We reserve the right at our sole discretion to refuse service and/or to terminate our services at any time.
c. We do not warrant that the EarthMoments website will be uninterrupted or virus or error free.
d. We will not be responsible for any loss or damage caused to you and you will refrain from making any such claims against us.
e. This agreement shall be governed by the laws of the United Kingdom, the courts of which in London shall have exclusive jurisdiction thereon.
9. For any use rights in Other EarthMoments Bundles Content and/or the EarthMoments website, it's graphics and trademarks please write to us at firstname.lastname@example.org setting out your requested use and any other details that may be necessary for us to ascertain our commercial/legal terms for any such use. We may write to you requesting further information. We reserve to our sole discretion whether to grant any use rights in other EarthMoments (if any) and if so, under what terms.