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TERMS & CONDITIONS

 


1. Terms of Use

These Terms of Use (“Terms”) apply to the website (the “Site”) and interactive services (together the “Services”) owned or operated by INKA trading as Only Sample (“Only Sample by INKA”) and its subsidiaries and affiliates.

The Terms apply to all visitors to and users of the Services, including unregistered and registered users, members and paying subscribers (individually “User” and collectively, “Users”). By visiting or using the Services you are agreeing to abide by the Terms.

Only Sample by INKA may alter the Terms at any time and the changes will become effective 14 days after posting the revised Terms on the Site (the “Effective Date”). You can review the most current version of the Terms at any time at on this page. You should check the Site periodically for changes. Your continued use of the Services after the Effective Date indicates your acceptance of the new Terms.

Additional terms (“Additional Terms”) may be posted on a particular Service that will also apply to use of such Service. The Additional Terms will be incorporated into the Terms. Only Sampleby INKA may also offer certain Services that are governed by different terms of service. Such terms of service will be posted on the Site and will govern the use of such Service.

2. Licensing agreement

Please refer to the full License Agreement here.

3. Refund policy

All purchased sample pack content including all ‘sample mix’ content are non-refundable. However if you have purchased any packs or samples from our site and you haven’t downloaded any of the content yet, please email contact@onlysamplebyinka.com and we can offer a full refund.

4. Intellectual Property Rights

Unless otherwise stated, Only Sample by Inka or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved.

5. The Services

Our Services aim to provide Users with access to a wide array of online music and creative resources. Other Services require payment. Only Sample by INKA reserves the right to change or to withdraw temporarily or permanently the Services at any time without notice. You agree that Only Sample by Inka will not be liable to you or any third party for any change to or withdrawal of the Services.

6. Limitations

we cannot always anticipate technical or other operational difficulties which may result in loss of data or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided “AS IS” and “AS AVAILABLE”. Neither Only Sample by INKA not our third-party service providers assume responsibility for the deletion, non-delivery or failure to store any data or communications. Please refer to Section 4 below for full details of our liabilities to you.

7. User Content

You are solely responsible for all User Content (as defined below) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, “Post”). “User Content” means User-Posted content or information of any type or medium, including but not limited to: e-mails or other messages; other forms of communication through the Services; personal User information; board posts; reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. You agree to Post only User Content which you own, have created, or which you have permission to Post. You acknowledge and agree that Only Sample by INKA does not endorse User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libellous, abusive, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Only Sample does not pre-screen User Content and has no obligation to do so. Only Sample by INKA reserves the right (but is not obliged) in its sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Services.

8. Third-Party Services

The Services may provide links to other sites, services, products, applications or content offered by or through Only Sample’ third-party providers, including but not limited to advertisers, content and e-commerce providers (collectively “Third-Party Services”). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Only Sample by INKA does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof. Only Sample does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.

9. Privacy Policy

Only Sample respects your privacy and has developed a detailed Privacy Policy that you can find here; please take the time to read it. As a User of the Services, you are accepting the terms of our Privacy Policy.

10. Accurate Personal Information


You agree to provide accurate and current personal information about yourself as requested in the Services registration forms (the “Registration Data”). You agree to keep the Registration Data up-to-date.

11. Protect Your Password

When you register, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account. You are also fully responsible for all activities that occur under your password or account. In the event of any unauthorised use of your password or account or any other breach of security, you must notify Only Sample by INKA immediately and promptly change your password.

12. Respect the Law

You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous, invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyright or other intellectual property rights of others.

13. Permitted Use

The content included in the Services, including all Only Sample by INKA, Pack Content, website design, text, graphics, photos, audio, video and all software that are part of the Services (collectively, the “Content”) is owned or licensed by Only Sample by INKA and/or its licensors. Please refer to the full License Agreement here.

14. Prohibited Use

You agree not engage in any of the following activities:

14.1. Use any automated means to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User;

14.2. Breach the security or authentication measures on the Services;

14.3. Seek any information on any other User of the Services, including any Only Sample by INKA account not owned by you;

14.4. Exploit the Services in any way where the purpose is to reveal any information, other than your own information as provided for by the Services;

14.5. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services;

14.6. Use any device, software or routine to interfere or attempt to interfere with the proper working or authorised uses of the Services or with any other person’s use of the Services.

15. License to the Use the Website

You may view, download for caching purposes only, and print pages from the website, provided that:

15.1. You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;

15.2 You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;

15.3 You must not edit or otherwise modify any material on the website.

16. Downloads

Any material or third-party software downloaded through or for the use of the Services is done at your own risk. Only Sample by INKA will not be responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third-party service providers will create any warranty not expressly stated.

17. Rights You Grant to Only Sample by INKA

17.1. User Content

By submitting any User Content to the Services (excluding any User Content you submit on Only Sample by INKA), you hereby irrevocably grant to Only Sample, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable licence, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services such User Content and to incorporate the User Content into other works in any format or medium. The foregoing licence shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you Post for inclusion on publicly accessible areas of Only Sample by INKA , you grant Only Sample by INKA the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services or on any media. You agree that the foregoing grant of rights by you to Only Sample by INKA and its affiliates is provided without any entitlement to payment of any kind.

17.2. Disclaimer of Warranties

You understand and accept that: 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Only Sample by INKA , ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “INKA PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
 Only Sample by INKA PARTIES MAKE NO WARRANTY THAT: THE SERVICES WILL MEET YOUR REQUIREMENTS; THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; AND ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY Only Sample by INKA PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF Only Sample by INKA PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the Terms, then this Disclaimer of Warranties will override it.

17.3. Limitation of Liability

YOU AGREE THAT THE Only Sample by INKA PARTIES WILL NOT BE LIABLE TO YOU 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 (EVEN IF THE Only Sample by INKA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY Only Sample by INKA PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE Only Sample by INKA PARTIES SHALL IN NO EVENT EXCEED THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST Only Sample by INKA .

17.4. Indemnification

You agree to protect and fully compensate Only Sample by INKA Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) arising from your use of the Services, or violation of the Terms by you or any other user of your account.

 

18. Contact

 

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to contact@onlysamplebyinka.com