Terms and Conditions
Paradise Label Shop Terms & Conditions
Updated September 9th 2019
A. General Terms and Conditions
This is a legal agreement (“Agreement”) between and among you and Paradise Label, affiliated of CaraibesWeb LLC stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of Paradise Label website, including any Paradise Label 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 Paradise Label 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).
- 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 Paradise Label: 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. - 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, organization, and coordination of such Content on the Website is the property of or is licensed to Paradise Label, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Paradise Label or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, 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 Paradise Label for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by Paradise Label. - 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 Paradise Label shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Paradise Label reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive. - 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 Paradise Label (“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, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Paradise Label 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 Paradise Label, in its own discretion, suspects fraudulent and/or illegal behavior, 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 Paradise Label 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 Paradise Label immediately of any unauthorized use of your password and/or Account. Paradise Label shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Paradise Label, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized 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, Paradise Label shall have the right to terminate your Account and pursue all available remedies at law. - Consent to our communication with you by E-Mail
By establishing an Account, you grant permission for Paradise Label 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. - 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. - Charges and Billing
You agree to pay for all for-fee Products that you purchase through the Website. Paradise Label 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 authorize Paradise Label to charge your credit card for the above at Paradise Label’s convenience, but within (30) days of credit card authorization, 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 PARADISE LABEL WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES.At its discretion, Paradise Label 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 authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.Paradise Label 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 Paradise Label will not be liable to you or to any third party should it exercise such rights. - Limitation on Sales
Paradise Label sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Paradise Label reserves the right to refuse access to the Website or Paradise Label API or sale of Products, to any end user. Paradise Label may terminate any offers for free or special promotions or pricing on merchandise at any time. - Right to Change Prices and Content Availability
Prices and availability of Content offered through the Website are subject to change at any time. Paradise Label does not provide price protection or refunds in the event of a price drop or promotional offering. - 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 fulfillment of an order. For the purpose of creating Paradise Label charts and other marketing data, Paradise Label reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Paradise Label’s sole discretion, falsely inflate sales data. - No Refunds
All sales are final and all charges from those sales are nonrefundable. Paradise Label 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 Paradise Label. - 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 mispriced. In such an event, Paradise Label reserves the right not to accept end user orders with prices based upon typographical errors. - Taxes
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. - Order Acceptance Policy
Your receipt of an electronic or other form of confirmation does not (1) constitute Paradise Label’s offer to sell or (2) convey Paradise Label’s acceptance of your order. Paradise Label 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, Paradise Label reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Paradise Label chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data. - Charges and Billing
Paradise Label currently relies on PayPal payment services and therefore accepts all credit cards validated by PayPal. Paradise Label does not accept cash, wire transfer, money orders, or checks. Paradise Label 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 Paradise Label, are responsible for any unauthorized 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 Paradise Label will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Paradise Label’s management’s sole discretion. - Currency
Paradise Label accepts any currencies accepted by PayPal. 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. - Limitations of Content Usage and Copyright
Paradise Label 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 Paradise Label (“Content Rules”) and/or copyright law and described in this Agreement or on the webpage 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. PARADISE LABEL 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. Paradise Label 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 unauthorized 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. - 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. - 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 Paradise Label platform, are provided only for your personal, noncommercial use, or performance, unless you have cleared all necessary rights in the Content. - Loss of Rights by Paradise Label
Paradise Label 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. - 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. - 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. PARADISE LABEL 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. Paradise Label 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. - Paradise Label Username Policy
No two users or DJs can have the same Paradise Label Username or DJ name (collectively, “Paradise Label Username”) on the Paradise Label platform. Paradise Label Usernames are provided on a first-come basis.Paradise Label will not typically intervene in Paradise Label Username disputes. Disputes should be resolved between the parties. However, Paradise Label reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Paradise Label Username in situations where:(i) an account has been inactive for a period of time;(ii) Paradise Label determines that a Paradise Label Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Paradise Label to be otherwise misleading;(iii) Paradise Label suspects that a Paradise Label Username is being squatted;
(iv) the registered Paradise Label Username is that of a more established, well-known DJ, and Paradise Label’s decision not to reassign the Paradise Label Username will lead to consumer confusion; and
(v) Paradise Label has determined, in its own discretion, the situation is such that removing or reassigning the Paradise Label Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Paradise Label Username is strictly prohibited and may result in permanent account suspension.
- User Generated Content
Paradise Label may permit users to create customized 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 Paradise Label 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 Paradise Label, 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 Paradise Label 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 Paradise Label, its partners, parents, subsidiaries, agents, affiliates and/or licensors, 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 Paradise Label 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 Paradise Label. Paradise Label 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. Paradise Label reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. Paradise Label 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 Paradise Label. - 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. - Paradise Label’s Rights
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Paradise Label 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 Paradise Label’s use of such Content exploits any proprietary rights you may have in such material, you agree that Paradise Label has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. - Privacy
For additional information regarding Paradise Label’s use of information collected in connection with the Website, please refer to Paradise Label’s Privacy and Cookie Policy, which is incorporated into these Terms and Conditions for reference: https://paradiselabel.com/privacy-policy/ - Copyrights
All copyrights in and to the Website (including the organization of content and charts,) and software, are owned by Paradise Label and/or its licensors. 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 Paradise Label and/or is licensors. - Trademarks
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 Paradise Label and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner. - 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 authorized, any use of the Content other than for the purposes stated for herein are prohibited.If Paradise Label receives a notice alleging that you have engaged in behavior that infringes Paradise Label’s or an other’s intellectual property rights or reasonably suspects the same, Paradise Label 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 Paradise Label can be found here: https://paradiselabel.com/violation-of-intellectual-property-rights/ - Enforcement of These Terms
You agree that Paradise Label 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 Paradise Label believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Paradise Label’s 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). - No Responsibility for Third-Party Materials or Web Sites
The Website may include Products, Content, and services from third parties available via the Website. Paradise Label may include links to third party websites, which are provided solely as a convenience to you. Paradise Label assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Paradise Label is not responsible for evaluating or examining the content or accuracy of such. - Indemnity and Waiver
By using the Website you agree to defend, indemnify and hold harmless Paradise Label and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (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 Paradise Label and its agents, representatives, employees, Licensors, 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 hereunder. - Termination/Cancellation
If you fail, or Paradise Label 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 Paradise Label with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Paradise Label 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, Paradise Label, 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. - Governing Law
The laws of the State of Delaware, of the United States of America, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Paradise Label or relating in any way to your use of the Website resides in the courts of the State of Delaware, U.S.A. - Export Controls
The Content offered by Paradise Label may be subject to U.S. export and control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.You warrant that you are (1) not located in Congo, Cote d’Ivoire, Cuba, Iran, Libya, Myanmar, North Korea, Sudan, Somalia, or Syria, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Paradise Label under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements. - Disclaimers and Limitations of Liability(a) You agree that from time to time Paradise Label 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) Paradise Label 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 Paradise Label be liable for any unauthorized 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, Paradise Label 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 US $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 merchantability, fitness for a particular purpose, and non-infringement. Paradise Label 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. Paradise Label 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) Paradise Label 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 Paradise Label 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 unauthorized access to the website, or related information or programs.
B. Paradise Label Terms and Conditions
Please read these Paradise Label Terms and Conditions (“Sounds Terms”) carefully before purchasing any Products in the Paradise Label catalogue. By using Paradise Label or purchasing or downloading any Sounds Product, you are agreeing to be bound by these Sounds Terms.
If you do not wish to be bound by these Sounds Terms, do not use Paradise Label or download or purchase any Sounds Product.
- Sounds Terms and Conditions
These Sounds Terms are applicable for all purchases made on the Paradise Label section of the Website (“Paradise Label”). These Sounds Terms are not applicable to purchases made on any other portion of the Website.
All of the general terms and conditions set forth above are incorporated herein. If there is any conflict between those general terms and conditions and these Sounds Terms, these Sounds Terms shall apply (for Paradise Label purchases only) - Sounds Product License
This is a non-exclusive, non-transferrable, terminable license agreement between you and Paradise Label. 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. - Territory
Worldwide. - Nontransferable
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 transferrable. Only the original purchaser of the Sounds Product has the right to embody and utilize the Sounds Product within their derivative work.This license expressly forbids the copying, lending, duplicating, sublicensing, 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. - Termination
Paradise Label 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. - Indemnification
You agree to defend, indemnify and hold Paradise Label harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your breach of these Paradise Label Terms and Conditions and/or misuse, deliberate or otherwise, of the Sounds Product, and/or violation of the rights purchased pursuant to this Agreement. - Agreement
These Sounds Terms express the entire understanding between you and Paradise Label in relation to the Sounds Product and shall supersede all other oral or written communications relating to the Sounds Product or its use.
