TERMS AND CONDITIONS
A. General Terms and Conditions
This is a legal agreement (“Agreement”) between and among you and Surge Recordings stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Surge Recordings website, including any Surge Recordings branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the “Website”, as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Surge Recordings reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement.
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to Surge Recordings: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
2. Content and Products.
All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organisation, and coordination of such Content on the Website is the property of or is licensed to Surge Recordings , and is protected by U.K. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Surge Recordings, or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, re transmitted, rented, sold, distributed, digitised, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is “Products,” which is certain Content made available by Surge Recordings for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by Surge Recordings.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Surge Recordings shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Surge Recordings reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Surge Recordings (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favouring, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website.Surge Recordings may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Surge Recordings, in its own discretion, suspects fraudulent and/or illegal behaviour, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Surge Recordings may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Surge Recordings immediately of any unauthorised use of your password and/or Account. Surge Recordings shall not be responsible for any losses arising out of the unauthorised use of your Registration Data or Account, and you agree to hold harmless and to indemnify Surge Recordings, its partners, parents, subsidiaries, agents, affiliates and/or licencors, as applicable, for any improper, unauthorised or illegal uses of your Account.You may not attempt to gain unauthorised access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Surge Recordings shall have the right to terminate your Account and pursue all available remedies at law.
5. Consent to our communication with you by E-Mail.
By establishing an Account, you grant permission for Surge Recordings to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
6. System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
7. Charges and Billing.
You agree to pay for all for-fee Products that you purchase through the Website. Surge Recordings may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorise Surge Recordings to charge your credit card for the above at Surge Recordings convenience, but within (30) days of credit card authorisation, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING Surge Recordings WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Surge Recordings may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorised such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Surge Recordings may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Surge Recordings will not be liable to you or to any third party should it exercise such rights.
8. Limitation on Sales
Surge Recordings sells Products to end user customers only, and not to re sellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell.Surge Recordings reserves the right to refuse access to the Website or Surge Recordings API or sale of Products, to any end user. Surge Recordings may terminate any offers for free or special promotions or pricing on merchandise at any time.
9. Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time.Surge Recordings does not provide price protection or refunds in the event of a price drop or promotional offering.
10. Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfilment of an order. For the purpose of creating Surge Recordings charts and other marketing data, Surge Recordings reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behaviour intended to, in Surge Recordings sole discretion, falsely inflate sales data.
11. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Surge Recordings will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Surge Recordings.
12. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally miss priced. In such an event,Surge Recordings reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
14. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Surge Recordings offer to sell or (2) convey Surge Recordings acceptance of your order. Surge Recordings reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Surge Recordings reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Surge Recordings chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
15. Charges and Billing.
Surge Recordings currently accepts American Express, Visa, Master Card, JCB and PayPal. Surge Recordings does not accept cash, money orders, or checks. Surge Recordings reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Surge Recordings , are responsible for any unauthorised amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Surge Recordings will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Surge Recordings management’s sole discretion.
Surge Recordings accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Surge Recordings, LLC. All purchases made using currency other than US Dollars shall be processed by Surge Recordings Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
17. Limitations of Content Usage and Copyright.
Surge Recordings may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Surge Recordings (“Content Rules”) and/or copyright law and described in this Agreement or on the web page where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. Surge Recordings RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Stream.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution.Surge Recordings shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorised copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
18. Prohibited Uses of Content.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
19. Stems File Format
The Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format. For clarity, any digital download of a sound recording, including those in the Stems file format, other than those specifically purchased on the Surge Recordings platform, are provided only for your personal, noncommercial use, or performance, unless you have cleared all necessary rights in the Content.
20. Loss of Rights by Surge Recordings .
Surge Recordings may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
21. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
22. Community and Brand Features / Public Areas.
The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded. These features may include access to a user’s charts and a user’s collection of Content. Surge Recordings HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES.Surge Recordings is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.
23. Surge Recordings Username Policy.
No two users or DJs can have the same Surge Recordings Username or DJ name (collectively, “ Surge Recordings Username”) on the Surge Recordings platform. Surge Recordings Usernames are provided on a first-come basis.
Surge Recordings will not typically intervene in Surge Recordings Username disputes. Disputes should be resolved between the parties. However,Surge Recordings reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Surge Recordings Username in situations where:
(i) an account has been inactive for a period of time;
(ii) Surge Recordings determines that a Surge Recordings Username is offensive, commercial in nature, violation of, or a derivation of, a third party’s trademark or service mark, or is determined by Surge Recordings to be otherwise misleading;
(iii) Surge Recordings suspects that a Surge Recordings Username is being squatted;
(iv) the registered Surge Recordings Username is that of a more established, well-known DJ, and Surge Recordings decision not to reassign the Surge Recordings Username will lead to consumer confusion; and
(v) Surge Recordings has determined, in its own discretion, the situation is such that removing or reassigning the Surge Recordings Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Surge Recordings Username is strictly prohibited and may result in permanent account suspension.
24. User Generated Content.
Surge Recordings may permit users to create customised landing pages and post or upload content, including mixes, tracks, playlist compilations (also referred to as charts), performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with Surge Recordings users (“User Content”). You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that (i) you own or otherwise control all applicable rights to the User Content, (ii) have the necessary rights to post, upload, transmit or display the User Content on Surge Recordings, and (iii) that such User Content, or its use as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others; (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by Surge Recordings or any unwilling, or unknowing, third-party, without that party’s express written consent, or (c) cause injury to any person or entity. You agree to defend indemnify and hold harmless Surge Recordings , its partners, parents, subsidiaries, agents, affiliates and/or licencors, as applicable, for all claims resulting from User Content. You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility. The rights granted herein shall inure for so long as the User Content is provided by you on the Surge Recordings Website. Except from those rights specifically granted herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Surge Recordings. Surge Recordings reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. Surge Recordings reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. Surge Recordings does not monitor, review, edit, or endorse User Content. If you believe that User Content violates your intellectual property, please review the “Report Copyright Infringement” page for instructions on how to file a copyright claim with Surge Recordings .
25. Restrictions. You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
26. Surge Recordings Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Surge Recordings may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Surge Recordings use of such Content exploits any proprietary rights you may have in such material, you agree that Surge Recordings has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
All copyrights in and to the Website (including the organisation of content and charts,) and software, are owned by Surge Recordings and/or its licencors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Surge Recordings and/or is licencors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Surge Recordings and/or its affiliates or licencors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
30. Violation of Intellectual Property Rights.
This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorised, any use of the Content other than for the purposes stated for herein are prohibited.
If Surge Recordings receives a notice alleging that you have engaged in behaviour that infringes Surge Recordings or an other’s intellectual property rights or reasonably suspects the same,Surge Recordings may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
If you believe that any information or material on the Website constitutes copyright infringement, instructions on how to file an infringement claim with Surge Recordings can be found here:
31. Enforcement of These Terms.
You agree that Surge Recordings has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Surge Recordings believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Surge Recordings right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
32. No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Website. Surge Recordings may include links to third party websites, which are provided solely as a convenience to you. Surge Recordings assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Surge Recordings is not responsible for evaluating or examining the content or accuracy of such.
33. Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Surge Recordings and its agents, employees, directors, contractors, representatives, licencors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgements (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Surge Recordings and its agents, representatives, employees, Licencors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service here under.
If you fail, or Surge Recordings suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Surge Recordings with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Surge Recordings believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Surge Recordings , at its sole discretion, without notice to you, may: (i) terminate your Account, and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available. In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.
35. Governing Law.
36. Export Controls.
37. Disclaimers and Limitations of Liability.
(a) You agree that from time to time Surge Recordings may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Surge Recordings makes no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Surge Recordings be liable for any unauthorised use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Surge Recordings shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed £10.
(e) All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchant ability, fitness for a particular purpose, and non-infringement.Surge Recordings makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Surge Recordings makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.
(f) Surge Recordings specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Surge Recordings has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorised access to the website, or related information or programs.
2. Sounds Product License.
This is a non-exclusive, non-transferable, terminable license agreement between you and Surge Recordings. Upon your purchase or download of any Sounds Product and subject to your compliance with these Sounds Terms and the general terms and conditions, you are granted a royalty free, non-exclusive license in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively “Sounds Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the Sounds Product and should be saved by you as evidence of such.
You are not the Copyright Holder. Your use of the Sounds Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them isolated. Likewise, any Sounds Product which is a rhythm loop sample must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.
This non-exclusive license is granted for a single user only, on a global basis, for the full copyright protection period (unless earlier terminated) and is not transferable. Only the original purchaser of the Sounds Product has the right to embody and utilise the Sounds Product within their derivative work.
This license expressly forbids the copying, lending, duplicating, sub licensing, trading, resale, rental, loan, gift or transfer of any part of the Sounds Product or a copy thereof, in any format or via any medium, to another person or company, except as a derivative work created by you.
You may not electronically transfer the Sounds Product or place the Sounds Product in a file-sharing or service bureau operation or a computer/sampler network.The purchased Sounds Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product. Any unlicensed usage will be prosecuted to the maximum extent possible by law.
Surge Recordings may terminate your rights in a purchased Sounds Product upon written notice to you if it believes you have breached any of the Sounds Terms. Upon such termination you must return, destroy, remove, and cease all use of the identified purchased Sounds Product. No refunds shall be granted for such terminations.
You agree to defend, indemnify and hold Surge Recordings harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your breach of these Surge Recordings Sounds Terms and Conditions and/or misuse, deliberate or otherwise, of the Sounds Product, and/or violation of the rights purchased pursuant to this Agreement.
These Sounds Terms express the entire understanding between you and Surge Recordings in relation to the Sounds Product and shall supersede all other oral or written communications relating to the Sounds Product or its use.
(iii) Use of Surge Recordings Logos and Trademarks.
Surge Recordings grants you a non-exclusive license to use the Surge Recordings trade name, logo, and trademark solely to identify the source of the Surge Recordings API content or as direct links to the Surge Recordings Website. This right does not extend to any other brand element featured prominently on the Website or associated with the Surge Recordings brand. All permitted use of the Surge Recordings trade names, logos, trademarks, and other distinctive brand features must be presented as provided through the Surge Recordings API or as defined in the Surge Recordings Style Guide
(iv) Link to Purchase Pages.
The Surge Recordings API may only be used with those platforms from which a functional link is made available that, when accessed, takes the user to the page on Surge Recordings Website where the user can access the associated content.