Effective Date: December 21, 2013
Last Updated: March 05, 2024
THIS TERMS OF USE AGREEMENT (THE “TERMS”) GOVERNS YOUR USE OF THE WEBSITES OF DISTRIBUTED CREATION INC. (“TRAKTRAIN”, “WE” or “US” or “OUR” ), INCLUDING, WITHOUT LIMITATION, SHOP.TRAKTRAIN.COM (COLLECTIVELY, THE “WEBSITE”), AND ANY SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND ASSOCIATED SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY, WITH THE WEBSITE, THE “SERVICE”). BY ACCESSING OR USING THE SERVICE, AND/OR COMPLETING THE PURCHASE PROCESS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THIS AGREEMENT (AS HEREINAFTER DEFINED). IF YOU ARE NOT ELIGIBLE (SEE BELOW), OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE AND YOU MAY NOT ACCESS OR USE THE SERVICE.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND SHALL NOT APPLY IN ANY INSTANCE.
USE OF THIS WEBSITE
You may use this website only for lawful purposes and in accordance with these terms of service. You must not use this website in any way that violates any applicable federal, state, local or international law or regulation.
INTELLECTUAL PROPERTY
The contents of this website, including but not limited to text, graphics, images, audio and video clips, logos, button icons, software and other materials, are the property of TRAKTRAIN or its affiliates, and are protected by United States and international copyright laws. When you purchase one of our sample packs you are NOT obtaining OWNERSHIP of the sounds in the library. Ownership remains with TRAKTRAIN. You are purchasing a LICENCE to use the sounds within your musical compositions, whether or not your compositions are released commercially. Copying, duplication, lending or re-selling of this product or its contents in whole or part are strictly prohibited. Once purchased your license is NONTRANSFERABLE which means that the license is authorized only to the original purchaser. You are not permitted in ANY way to share the purchased sample library with others.
Once you have purchased one of our sample packs you have a single user license which permits you to use sounds from that library in combination with others sounds in your own music productions (which include soundtracks such as films, video productions, radio/TV programs or commercials, computer games and multimedia presentations, public performances and other reasonable musical purposes within musical compositions). You may release such productions commercially without payment of any further royalties or fees for such usage. You MAY NOT use the sounds and MIDI files in isolation as sound effects (i.e. a sequence of musical events) or within any competitive products that are sold or relicensed to multiple third parties. For example, you are not authorized to create another sound library with any of the sounds from our products. Doing so will infringe copyright law and you will be liable for prosecution under the copywrite design and patent.
Copying, re-selling, leasing, duplicating or distribution in any form of the products for sale, other than outlined in the ‘License Agreement’, is strictly prohibited. This extends but is not limited, to file sharing websites, web forums, computer networks and file hosting websites. Products cannot be distributed in their original format or sold in a manner that would be considered competitive with the nature of TRAKTRAIN business.
PRICING AND PAYMENT
All prices for sample packs on this website are listed in U.S. dollars. Payment is due at the time of purchase, we accept major credit cards, Stripe and PayPal.
TRAKTRAIN reserves the right to challenge the legal standing of a transaction under sufficient circumstances. In such a case the user will be contacted by TRAKTRAIN staff individually to confirm their identity. Failure to verify a user’s identity will result in cancelling the challenged order. A challenged order is open for validation for 30 days after the transaction.
Prices and availability of Content offered through the Website are subject to change at any time without notice. TRAKTRAIN does not provide price protection or refunds in the event of a price drop or promotional offering.
REFUNDS AND RETURNS
Due to the nature of our product, we do not offer refunds or returns on sample packs once they have been purchased and downloaded. However, if you encounter any technical issues with your download or have any other concerns, please contact us and we will do our best to assist you.
DISCLAIMER OF WARRANTIES
This website and all of the information, content, materials, products and services available on or through this website are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, express or implied.
LIMITATION OF LIABILITY
Our company and its affiliates, officers, directors, employees, agents, licensors and service providers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with your use of this website or any sample packs purchased through this website.
CHANGES TO THESE TERMS OF SERVICE
We reserve the right to modify these terms of service at any time, please review them periodically. Your continued use of this website following the posting of any changes to these terms of service constitutes your acceptance of those changes.
GOVERNING LAW
These terms of service shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without giving effect to any principles of conflicts of law.