A. General Terms and Conditions
1. Age Requirement.
To register for use of the Website on your own behalf, 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" 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.
All "Content", including but not limited to digital downloads of sound recordings and related digital content, including songs, mixes and loops, music, downloads or samples, and all software, artwork, graphics, video, text, 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 ProducerBox, and is protected by international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of ProducerBox, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the Website, you are permitted to listen to Samples (as defined below), and obtain digital downloads of sound recordings and related digital content, including songs, mixes and loops, which is part of the Website's Content. Some of the Content is "Products".
3. Consent to our communication with You by E-Mail.
By establishing a ProducerBox Account, you grant permission for ProducerBox to contact you at your e-mail address.
4. 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. You agree to use the Website at your own risk and ProducerBox shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
5. 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, play back, burn 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 you 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 Sounds To Sample please contact us here. 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.
6. Limitation on Sales.
ProducerBox 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. ProducerBox reserves the right to refuse access to the Website or sale of Products for any reason, to any end user. ProducerBox may terminate any offers for free or special promotions or pricing on merchandise at any time.
7. Right to Change Prices and Product Availability.
Prices and availability of Products offered through the Website are subject to change at any time. ProducerBox does not provide price protection or refunds in the event of a price drop or promotional offering.
8. No Refunds.
All sales are final and all charges from those sales are nonrefundable. ProducerBox will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by ProducerBox.
9. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Content may be accidentally mispriced. In such an event, ProducerBox reserves the right not to accept end user orders with prices based upon typographical errors.
10. 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.
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 ProducerBox and/or related companies. You may not copy, display or use any of these marks without prior written permission of the mark owner.
13. No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the ProducerBox Website. ProducerBox may include links to third party websites, which are provided solely as a convenience to you. ProducerBox assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that ProducerBox is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
All copyrights in and to the Website, including but not limited to, the ProducerBox Marketplace (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by ProducerBox and/or its licensors and The Content Authors. 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 ProducerBox and/or is licensors and The Content Autors.
The Regular License grants you, the Purchaser a non-exclusive, non-transferrable right to make use of the work that you acquire (Item).
Your use of the Item, under the Regular License, is subject to the following conditions:
a. You may use the Item alone or you may incorporate the Item into another track (s) / project (s) you are creating.
b. You may use the Item parts for unlimited track(s) / project(s) you are creating.
c. You must not directly or indirectly license, sub-license, sell or resell the Item, or redistribute the Item alone (even for free), or offer to do any of these things. All of these things are referred to as Resale.
d. You may use the Item:
1. in a music track(s).
2. for sound effects only, in a stand-alone music track(s).
3. in your mixes and/or set(s) and/or public live set(s)
4. in a video production.
5. in an electronic document such presentation or e-book.
6. as part of software you create.
e. If the whole, or part, of the Item has been created using materials which are the subject of a GNU General Public License (GPL), your use of the Item (or part of the Item) is subject to the specific terms of the GPL in place of the foregoing conditions (to the extent the GPL applies).
The Full License grants you, the Purchaser, an exclusive and transferrable right to make use of the item you acquire (Item).
When you buy a Full License, you will be considered as a new owner of the purchased Item.
After you will purchase a Full License, the Item will be removed from the ProducerBox Marketplace and will never be accepted for sale as from initial author until the initial Author will acquire a Full License for the Item.
By purchasing a Full License you will be able to:
1. transfer the rights of the Item you acquired.
2. sell and/or resell the Item.
3. release it as is on a music label.
4. license, sub-license or re-distribute the Item or offer to do anything with the Item.
5. reproduce the Item as is or as a part of it.
If the whole, or part, of the Item has been created using materials which are the subject of a GNU General Public License (GPL), your use of the Item (or part of the Item) is subject to the specific terms of the GPL in place of the foregoing conditions (to the extent the GPL applies).
16. Changes to Terms and Conditions.
ProducerBox has the discretion to update website Terms and Conditions at any time. When we do, we will revise the updated date at the bottom of this page and write about this on our blog. We encourage Users to frequently check this page and The Blog for any changes to stay informed about our this terms. You acknowledge and agree that it is your responsibility to review The Terms and Conditions periodically and become aware of modifications.
B. Authors Terms and Conditions
1. File Uploading and Approval.
As an author, you complete an upload form, taking care to prepare your items properly according to the upload instructions. Once uploaded, the items are inspected by our review team to ensure the items work and are a good fit for the library. If your item is approved, the reviewer inspecting your item will give it an appropriate price and the item will then appear in the library.
If an item is not approved, the reviewer will provide some explanation on whether the item needs a small improvement to be accepted, or is not appropriate for sale here. In both approval and rejection cases, you will receive an email to let you know the outcome of your upload.
In order for an item to be accepted on ProducerBox it needs to follow the upload instructions and fulfill our quality standards. Each item type has its own upload instructions and file preparation guidelines.
As a general guide, all items require:
? A Thumbnail: A small thumbnail image to represent the item in search and browse listings.
? A Preview: This might be a graphic, a flash swf, an flv video, or an HTML demo depending on what item type you are uploading.
? A Download File: A main downloadable ZIP complete with help instructions and files for buyer download.
? Extras: Some item types require extra uploads for added preview systems, or other usage. Some items may require help files. Check the upload instructions for details.
? Titles: Item titles should be grammatically correct and capitalize the first letter of each word. (e.g., “30 Fabric Textures”) Titles should be descriptive but avoid subjective language (“beautiful” “awesome” etc).
? Tags: Provide helpful tags to help buyers find your file using search.
One of the main technical requirements is that the downloadable ZIP contains files that are as customizable as possible. By making files customizable you increase their value to the customer.
2. Items Approval Rejection.
Occasionally items will be rejected for other reasons. Some of these reasons might be:
? If a series of very similar items are already in the library. Please only submit an item from these categories if it is exceptionally well done or provides a unique take on a familiar item.
? If the files are corrupted or we suspect it carries a virus.
? If the item is difficult to use or implement.
? If the item does not meet marketplace quality or aesthetic standards.
3. Allowed files and Copyright Infringement.
A copyright infringement or violation is the unauthorized use of work that is covered by copyright. If you use, alter or sell another person or company’s work without a license or their written permission then you are violating their copyright and are breaking the law.
If you suspect another file has infringed on the copyright of your work or others, you should us to report it.
Here are some requirements to comply with copyright violations:
? The item must NOT include any brand names, logos or trademarks if this is not allowed by brand owner. – For example you cannot use an Apple or Microsoft logo, even if you have recreated it, photographed it, or altered it. You cannot use a photo of a watch if the brand name of the watch is legible.
? The item must NOT be based on any other item. – For example you cannot submit a audio template that is 100% clone of original track. Similarly you cannot submit an item which is too similar to another item for sale on ProducerBox or another website.
? The item must NOT be based on a tutorial. – For example you cannot submit an item that you created by following a tutorial, in whole or in part. Even if the tutorial writer has granted a license for use you should keep in mind that on principle ProducerBox do not allow tutorial recreations. You cannot reproduce any elements of another tutorial or another person’s work, unless you have the license to do so.
? You must NOT upload items that have been decompiled or otherwise reconstructed from another item (even if that item is your own). – For example you cannot decompile a Flash or record audio from Video file and resell it sounds, even if you alter it significantly.
? You must NOT upload an item that uses free or purchased components from any other source UNLESS you have an express license to do so. – For example you cannot download a file then use part or all of it in a file for sale unless it specifically states that it is usable in items for resale.
? You must NOT upload an item that uses government or military property – For example you cannot submit an item that contains a presidential seal or military insignia.
? You must NOT purchase or download any item then resell it – You cannot submit an item that you have purchased or downloaded from another site.
? You must NOT purchase or download any item, alter it, then resell it – You cannot submit an item that you have purchased or downloaded from another site and then altered.
? You must NOT use photos, videos or sounds in your files UNLESS you have a license to resell them. – The only photographs/videos/sounds allowed in files are those that are:
? Created by the author
? Purchased or acquired under an appropriate license that allows use in an item for sale
? You must NOT upload an item that includes a recognizable human feature UNLESS you have a signed model release. A model release is a legal document that must be signed by the model granting permission to use their face or recognizable feature.
? You must NOT upload an item that includes a recognizable private location UNLESS you have a signed location release. A location release is a legal document that must be signed by an authorized person granting permission to use an image of the location.
4. Author Royalties.
If your item is approved for sale, you will receive a percentage of every sale into your account earnings. If you choose to keep your portfolio of items exclusive to ProducerBox then the percentage you earn begins at 60% and increments up to 80% as you sell more files. If you choose to sell the same items elsewhere and opt to be a non-exclusive author you will receive 50% of each sale. You can find out more about percentages on the Payment Rates page.
Note that exclusivity does not mean you cannot sell items elsewhere, except your own website. It only means the items you sell here must exclusively sold here. We have created this system to help make the ProducerBox libraries as unique and valuable as possible.
5. Fraudulent Orders.
Unfortunately, sometimes frauds happens in online business. A fraudulent order is when a person illegally orders something on a stolen card or stolen PayPal account in order to actually receive a product. There are so many ways that fraud can be committed through a website, with several desired outcomes for fraudsters.
As an Author, if your item(s) was purchased through the fraudulent transaction, the revenue from this sale(s) will be canceled.
Also, we will send you an confirmation from payment gateway about this fraudulent transaction.
6. Payments and Withdrawals.
Each sale of one of your items will result in an increased earnings balance in your account. Your earnings can be used in the following ways:
At any time you may choose to use your earnings to purchase files on any of the ProducerBox.
Once your balance has reached €50, you may request a payout to your PayPal or Payza account that you specify via your Account page.
All payment requests are processed at the start of each new month and paid out until the 15th of that month. For example, if you request a payout on the 20th of April, payment will be made from 1st to 15th of May. If the 15th of the month falls on a weekend or public holiday, payment will be made the next business day.
7. Author Licences.
When you sell an item on the ProducerBox Marketplace you are granting purchasers a license to use the item. There is a regular license that ALL items must be sold with. This regular license allows the use of your item in a purchasers projects for either personal or commercial use without the payment of any further fees or charges after the initial download cost. If you do not want to or cannot grant these rights, they cannot be sold on the ProducerBox Marketplace. Please do not upload them.
From time to time ProducerBox adds other license types which you as an author can opt-in to sell. These extended licenses are more expensive than the regular license but grant extra rights. For example they may allow the purchaser to incorporate the item into something which they then sell. So they might buy an loops and then make a music template out of it which they then sell.
8. File Pricing.
The cost of purchase of each item is decided during the review process, based on a number of factors. Reviewers price items to create a consistent pricing system on the ProducerBox Marketplace as well as to maximize income for all parties concerned. If an author disagrees with the cost of purchase of an approved item, they may contact us. Support will then reevaluate the item, and if the item is under or overpriced we will change the cost of purchase accordingly.
Note that when you opted in to sell your files as a Full License, the price will be automatically multiplied 50 (fifty) times. For example, if your Regular License file price is 25€, the price for a Full License will be automatically set to 1250€.
Prices are established initially by author but may be reevaluated and/or changed solely at the discretion of ProducerBox staff.
9. Granting rights to buyers.
As The Author you agree to transfer the related rights to The Buyer(s) when they acquire the Items.
When The Buyer acquire a Full License, you agree to transfer a full rights of the Item(s) to The Buyer. After a Full License will be acquired, the Item will be automatically removed from the ProducerBox Marketplace and you will not be able to sell/upload it again until you will acquire a Full License from the new owner of the Item(s).
10. Quiz passing before start selling files.
Before you can upload and sell your work, you must take a short multiple choice quiz to demonstrate your understanding about Terms and Conditions.
This document was last updated on December 05, 2012