Last updated Aug 2023
Welcome to Heat Samples (the "Company"), a drum sample pack company that sells royalty-free drum samples. By purchasing, downloading, or using any products (the "Products") from the Company, you agree to be bound by these terms and conditions (the "Terms"). If you do not agree to these Terms, do not purchase or use the Products.
License
Upon purchase of the Products, the Company grants you a non-exclusive, royalty-free, perpetual, worldwide license to use the Products in any musical or audio production, including but not limited to recordings, live performances, and broadcasts. You may use the Products for commercial or non-commercial purposes, provided that you do not sell or distribute the Products as standalone samples or as part of a sample library.
Restrictions
You may not re-sell, distribute, or share the Products, or any portion thereof, in any way, including but not limited to sharing the Products with other individuals or entities or uploading the Products to the internet. You may not use the Products to create any derivative works, such as sample libraries or virtual instruments, without the express written permission of the Company.
Ownership
The Products and all intellectual property rights therein, including but not limited to copyrights, trademarks, and trade secrets, are the sole and exclusive property of the Company. Nothing in these Terms shall be construed as transferring any ownership rights to you or any other person or entity.
Disclaimer, Waiver, and Indemnity
The Company takes reasonable steps to ensure that the website and the Products are free from uncleared or unauthorized samples, free from materials that infringe copyright, and free from any viruses, trojans, malware, spyware, harmful software, data theft, or any unauthorized malicious activity. However, the Company makes no guarantees on this subject and will not be held liable for any losses, judgements, claims, legal fees, or court costs resulting from the use of the website or the Products. You agree to waive and indemnify the Company against any such losses, judgements, claims, legal fees, or court costs.
By purchasing the Products, you consent to the collection, use, and disclosure of your personal data by the Company for marketing purposes. The Company will not share your personal data with third parties without your consent.
Limitation of Liability
The Company will not be held liable for and will remain harmless against any losses, judgements, claims, legal fees, or court costs that may arise from your use of the website or the purchase of any Products from Heat Samples.
Governing Law
These Terms and your use of the Products shall be governed by and construed in accordance with the laws of the state of [insert state], without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these Terms or the Products shall be brought exclusively in the courts located in Los Angeles, California.
Changes to These Terms
The Company reserves the right to change these Terms at any time, and you are responsible for reviewing the latest version of these Terms prior to each purchase of the Products. Your continued use of the Products after any changes to these Terms shall constitute your acceptance of such changes.
By purchasing, downloading, or using the Products, you acknowledge that you have read and understand these Terms and agree to be bound by them. If you do not agree to these Terms, do not purchase or use the Products.