Introduction
These Terms and Conditions (“Terms”) apply to your use of codeblacksamples.com (the “Website”) and to every purchase you make on it. The Website is run by Code Black Samples, the Netherlands (“we”, “us”, “our”). By using the Website or placing an order, you agree to these Terms. We may update them from time to time; the version on this page when you place your order is the one that applies to it.
If you represent a legal entity, you certify that you are entitled by such a legal entity to conclude the Terms as the legal entity you represent.
Privacy Policy
Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the website you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.
Your Account
When using the website, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the website and may not enter into the Terms under any circumstances.
Services
You may use the Website and our products only for lawful purposes.
All prices are shown on the product pages and include VAT. We may change our prices at any time; the price shown when you place your order is the price you pay.
Payments are handled by our payment providers (such as PayPal and Buckaroo for iDEAL, card and Bancontact). We don’t add any extra fees for the payment method you choose.
Third Party Services
The website may include links to other websites, applications, and platforms (hereinafter the "Linked Sites").
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the website.
Prohibited Uses and Intellectual Property
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the website from one device in accordance with the Terms. You shall not use the website for unlawful or prohibited purpose. You may not use the website in a way that may disable, damage, or interfere in the website.
All content present on the website includes text, code, graphics, logos, images, compilation, software used on the website (hereinafter and hereinbefore the "Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the website shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. Apart from the products you buy, which come with the licence below, you shall use the Content only for your personal and non-commercial use.
Licence for sounds and presets
When you buy a sample pack or preset bank, you get a lifetime, non-exclusive, non-transferable licence to use it as described below. The sounds and presets remain the property of Code Black Samples and the artist who made them. This licence applies to every pack in the shop, whichever artist made it.
One-shots and presets. You may use the one-shot samples (such as kicks, screeches, FX and drums) and the presets royalty-free in your own music, including commercial releases, streaming, DJ sets, YouTube and TikTok. No credit is required.
Loops. Some loops, such as the screech loops, come from the artist’s own released tracks. You are free to chop, rearrange, resample, process and mangle them as raw material for your own ideas. You may not use a loop’s phrase as it is, or use any of the sounds to recreate recognisable parts of the artist’s released tracks, such as melodies, hooks or arrangements.
Demo MIDI and audio files in preset banks. Preset banks come with demo MIDI and audio files that show what the presets can do. These demo files are examples only and may not be used in your own productions. This does not apply to sample packs: all audio in a sample pack is covered by the rules above.
Not allowed. You may not:
- resell, share, give away or upload the sounds, presets or demo files, whether original or modified, as stand-alone files;
- use them in other sample packs, preset banks, construction kits or sound libraries, or to train AI or machine-learning models;
- register music that contains the sounds with YouTube Content ID or similar systems in a way that claims the sounds, or any melodies or phrases taken from the loops or demos, as your own.
If you’re unsure whether your use is allowed, email support@codeblacksamples.com before you release.
The Company Materials
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
Disclaimer of Certain Liabilities
The information available via the website may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the website in the context of the inability or delay to enjoy the website or its services, or for any Content of the website, or otherwise arising out of the enjoyment of the website, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the website or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
Termination and Access Restriction
The Company may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.
Miscellaneous
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the website in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the website.
Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company's control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the website or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
Complaints
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at support@codeblacksamples.com
We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
Contact Information
We welcome your comments or questions about our Terms. You may contact us at support@codeblacksamples.com