SIMPLYTHEBEST.NET PERSONAL USE LICENSE
By installing or otherwise using the sound or music (henceforth “Work”), you are agreeing to be bound by the terms of this Agreement. This Agreement, in conjunction with the SimplytheBest.net General Terms and ANY author’s License Agreement that MAY OR MAY NOT accompany each download file downloaded from SimplytheBest.net (“SimplytheBest”) or its distributors, constitute the complete agreements between you, SimplytheBest.net and/or the author. This agreement covers sounds and music for personal use only. If your requirements are beyond what is covered by this agreement, you can request a custom agreement.
Custom agreements available are:
- Mechanical rights license – which allows record companies to reproduce and distribute copyrighted songs. The amount of money due to the copyright owner is usually determined by the number of recordings to be produced.
- Public performance license – which grants the use of a sound or song in a public setting.
- Synchronization rights license – which gives the right to synchronize a copyrighted sound or song with images in a television show, movie, commercial, music video, or other recorded medium.
The duration of this contract is unlimited unless otherwise stated.
The SimplytheBest.net Personal Use License extends to all formats. You can use every sound or music file you buy for personal use only. You may not redistribute, gift, play in public places, or post purchased sounds/music on other Web sites for distribution. You can not resell, recompile, or market purchased sounds/music or receive for free from us as your property.
Under the SimplytheBest.net Personal Use License
- play – play the Work for your personal listening pleasure.
- copy – copy the Work to a CD/DVD, MP3/MP4 player, mobile phone or computer hard drive belonging to you.
YOU MAY NOT:
- make commercial use of the Work.
- play the Work in a public place.
- resell, recompile, or market the Work as-is or part of a sounds CD/DVD/Blueray or other medium.
- redistribute, gift, or post the Work on other Web sites for distribution.
- remix – adapt the Work i.e. edit and alter the Work nor add musical or lyrical elements.
- sell the Work, edited or not, as ringtone, or soundtrack CD of any type of production.
- use the Work in a film or documentary, TV commercials, theater production, school play, sitcom theme songs or incidental music, as background music for infomercials or in movie trailers and promos.
- use the Work in your professional or amateur radio broadcasts, music program or podcasts as background music for newscasts, talk shows, incidental music or to play the Work to your listeners.
- use the Work in your video games, Web sites, mobile apps, or Flash animations as background music.
- create an audio CD/DVD/Blueray disc using the Work and sell it.
- distribute the Work as a separate collection of audio files for your video game, software package or web application.
- use the Work in your physical products such as toys, alarm clocks, music boxes and alike without a license allowing such use.
- use the Work in a music library for Web or sound/music mobile applications without a license allowing such use.
- repurpose the Work into new music. This includes adding lyrics and singing over the Work or adding a new musical element.
- sublicense the Work in any way i.e. let others use the Work in their projects.
SimplytheBest.net is not a law firm, and cannot offer legal advice. All of this information is provided without any warranty as to its suitability or accuracy. It is strongly suggested that you review all licenses and legal agreements with your lawyer.
Licensed sounds are copyrighted and contain proprietary information and trade secrets belonging to the author. Unauthorized copying of a licensed sound even if modified, merged, or included with other sound or software is expressly forbidden. You may be held legally responsible for any infringement of SimplytheBest.net’s and/or author’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from SimplytheBest.net or the author if you fail to comply with any provision contained herein. Upon termination, you must destroy all copies of any licensed sounds.
SoundsPlanet or the author may, from time to time, update the licensed sound. Upgrade pricing may apply.
Disclaimer and Limited Warranty
The Author warrants the licensed sounds to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on your receipt. SimplytheBest.net’s and the author’s entire liability and your exclusive remedy as to defective licensed sounds shall be, at SimplytheBest.net’s and/or the author’s option, either return of purchase price or replacement of any such product that is returned to SimplytheBest.net or the author with a copy of the invoice or send a new version of the licensed sounds. SoundsPlanet and the author shall have no responsibility to replace the licensed sounds or refund the purchase price if failure results from accident, abuse or misapplication, or if any licensed sounds is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE DOWNLOADED OR PURCHASED SOUND OR MUSIC FILE, IS PROVIDED “AS IS”. NEITHER SIMPLYTHEBEST.NET NOR THE AUTHOR MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the downloaded sounds rests upon you. Neither SimplytheBest.net nor the author warrants that the functions contained in the downloaded sound(s) will meet your requirements or that the operation of the downloaded or purchased sound(s) will be uninterrupted or error free.
NEITHER SIMPLYTHEBEST.NET NOR THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FREE OR LICENSED SOUND(S) EVEN IF SIMPLYTHEBEST.NET AND/OR THE AUTHOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations are explicitly agreed upon and accepted by you.
This agreement is governed by the laws of the Marshall Islands to the exclusion of the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods.