Terms & Conditions
By registering on, purchasing from, or using the website you expressly accept these terms and conditions in full. If you disagree with any part of the following terms and conditions, do not use our website.
About Creative Nevada Limited
Sample Foundry is a trading division of Creative Nevada Limited.
Creative Nevada Limited is the parent company and management team behind an ecosystem of online digital product distribution websites.
Creative Nevada Limited is registered in Scotland with the registered office address: 73 Stirling Business Centre, Wellgreen Place, Stirling, Scotland, FK8 2DZ, United Kingdom. Our company registration number is SC501054 and our VAT registration number is GB200835056.
At Sample Foundry (www.samplefoundry.com) we sell electronically downloadable ‘Soundware’ products in the form of digital audio recordings, MIDI files, sequencer projects, presets and patches for a variety of third party software, music production software, and other related materials. These products are for use by (but not limited to) musicians, music producers, composers, sound designers, film editors and web designers.
This website is owned and operated by Creative Nevada Limited. Throughout the site, the terms “we”, “us”, “our” and “Sample Foundry” refer to Creative Nevada Limited. Creative Nevada Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, suppliers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You must be at least 18 years of age to use this website. By using this website (and by agreeing to these terms and conditions) you warrant and represent that you are at least 18 years of age. If you are under 18 years of age you must get your parent or guardian to review and agree to these Terms and Conditions and enter into these terms on your behalf.
Digitally Downloadable Products
The “Downloads” we sell are “Products” in digital format that are transferred from our server(s) direct to your computer. These Products are compressed into ZIP files (made smaller using compression software) to enable faster downloading. It only takes a few minutes to decompress a downloaded Product. We recommend use of WinZip or WinRAR for this purpose. If you are unsure about how to decompress your Product, then please contact us for assistance.
All orders placed on the Sample Foundry (www.samplefoundry.com) website are delivered to you digitally via the internet. They are not sent via mail/post or delivered to the customer as tangible goods.
All products from this website (www.samplefoundry.com) are sold as ‘royalty free’, which means that they are licensed, not sold to you, by Creative Nevada Limited. The licence (available to view here) allows you to use them within your musical compositions (which may include making demos, songs, albums, records, remixes, commercials, jingles, post productions, commissioned pieces, soundtracks for film, theatre, musicals, production music libraries, TV, and live performances). A copy of this license agreement is supplied within the zip file of all products purchased from our website.
This Usage may occur without any additional monies being paid in so called ‘royalties’ or licence fees to Creative Nevada Limited or any third parties. Creative Nevada Limited is either the owner or entitled licensee of the products on sale on this site.
Usage and Copyright
The copying, re-selling, hiring or leasing, duplicating or distribution in any form of the products for sale at Sample Foundry (www.samplefoundry.com), other than outlined in the ‘License Agreement’ (available to view here) is strictly prohibited. This includes but is not limited to file sharing websites, torrent based systems, 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 to Creative Nevada Limited’s business interests. All images, text, logos, source code, audio demos, video tutorial and promotional materials are the commercial property of Creative Nevada Limited and protected by copyright and intellectual property laws.
After you have paid for your Products you will immediately receive a purchase receipt email containing your Download links. When you click these links it will send you back to our site where you can download your Products instantly. Download Links are valid for 72 hours and are limited to five clicks before they expire. IP Addresses are tracked for security and fraud prevention purposes.
Customer Information & Registration
An account is not required with Creative Nevada Limited to view the website, but to make a purchase you must provide certain information, including your first name, last name, email address and billing information.
Account registration is optional but enables you to store wish lists, collect and redeem loyalty points on purchases, generate invoices and download your purchased products from your own dedicated account area.
To create an account you must submit specific information, including but not limited to a first name, last name, username, password, email address and billing information. You agree that all information submitted is correct, current, accurate and non-fraudulent. In the event that your personal and/or billing details change you will amend your account details as necessary.
Termination of Services / Accounts
Creative Nevada Limited may, in its sole discretion, suspend or terminate your account if the information supplied is found to be inaccurate, false or fraudulent. Creative Nevada Limited may also suspend or terminate your account if you breach any of the policies, terms or license agreement governing your use of our website, products or any other contractual obligation. You are personally liable for any orders that you place or charges that you incur prior to termination.
Additionally, you can terminate your account at any time. Please contact us to request account termination.
You are solely responsible for the security of your account and log in details. You are required to immediately inform Creative Nevada Limited of any unauthorized use of your account. Creative Nevada Limited will not be held responsible for any losses arising from unauthorized use of your account or personal data, and you agree to indemnify and hold harmless Creative Nevada Limited, its directors, employees, third-party content providers, designers, licensors or the like, for any improper, unauthorized or illegal uses of your account or personal data.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Creative Nevada Limited does not offer refunds in the event of a price drop or promotional offers.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
All prices are inclusive of relevant taxes (which for EU residents is calculated by your location), and are subject to change and potential discount from time to time. After payment you will be taken to a final transaction page where you can download your purchased products.
No financial information is held by Creative Nevada Limited, all transactions are handled by our secure and trusted payment processing gateways.
The Right to Challenge A Transaction
Creative Nevada Limited reserve the right to challenge the legal standing of a transaction under sufficient circumstances. In such case the user will be contacted by Creative Nevada Limited staff individually to confirm his/her 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.
Virtual Private Network & Web Proxy Usage
The usage of virtual private networks (VPNs) and web/squid proxies is strictly forbidden when registering, purchasing or downloading products from our website.
All transactions processed through our website are automatically vetted using a combination of fraud detection algorithms and any orders that appear suspicious in nature and/or use anonymity services will be put into “Pending” status and refunded via our payment processor within 24 hours.
Whilst every effort is made to update the information contained on the Sample Foundry (www.samplefoundry.com) website, neither Creative Nevada Limited nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website. Creative Nevada Limited reserves the right at any time to change or discontinue without notice, any aspect, product or feature of this website. No information shall be construed as advice and information is offered for information purposes only.
Public Areas & User Reviews
Creative Nevada Limited is not responsible for any material submitted to the public areas by you, which include hosted pages, comments, customer reviews, user ratings or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Creative Nevada Limited. Creative Nevada Limited reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
- defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties
- publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information
- post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Creative Nevada Limited’s and/or a third party’s computer system and/or network
- violate any copyright, trade mark, other applicable United Kingdom or international laws or intellectual property rights of Creative Nevada Limited or any other third party
- submit contents containing marketing or promotional material which is intended to solicit business
We aim to deliver the highest quality products on the market. Customer satisfaction is number one on the list of our priorities.
However, due to the nature of our products (non-tangible irrevocable goods), all digitally delivered products from our website are not eligible for return or refund. The customer may at any time cancel their order before payment has been processed.
We thoroughly check all our products before we put them up for sale; any issues that occur are likely to be on the customer’s end. We’ll do our best to help resolve any technical issues, but beyond that there’s little we can do in terms of refunding.
Once you have opted in to buy the product you are in effect purchasing a license to use the content in your music without paying royalties to the owner, which therefore cannot be refunded.
To minimize refund requests, we urge that you double-check your orders before purchasing.
- Make sure the product you’re ordering is compatible with your operating system and software you own. We reserve the right to refuse any refund requests and will not be held at fault for customer mishaps.
- We also recommend checking your previous orders before completing a transaction to confirm you do not purchase any of our products twice.
- We suggest that all customers back up their orders on a separate hard drive or cloud based system to protect against loss of products purchased from our website.
In the unlikely event of a failed, lost, or broken hard drive, Creative Nevada Limited will replace download links for a previous order only after being provided with proof of purchase from the customer.
This is applicable to all orders made within a two-year period, any purchases of a later date than two years will not be covered.
To provide you with the services you require whilst purchasing from Sample Foundry (www.samplefoundry.com), it is essential for us to store your personal information. This information will be used by Creative Nevada Limited and its service providers to allow for faster purchasing and the allocation of discount coupons, and will not be passed on to any third parties.
No promotional information from Creative Nevada Limited or any third parties will be sent to the email address provided, except the Sample Foundry newsletter, which you can unsubscribe to at any time using the link at the bottom of the email.
Third Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Sample Foundry (www.samplefoundry.com) website in any manner. If you in any way interfere with the website, you agree to pay all damages incurred by Creative Nevada Limited.
Creative Nevada Limited will cooperate with the authorities in prosecuting any User who interferes with the website or otherwise attempts to defraud Creative Nevada Limited or any other parties through User’s use of the Site or services provided via the Site.
Creative Nevada Limited reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site without giving you any advance notice.
We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
Disclaimer and Waivers
Creative Nevada Limited will not be held responsible for any losses, judgements, claims, legal fees or court costs that may arise out of a breach of these terms and conditions. By entering this agreement you agree not to sue or recover any damages from Creative Nevada Limited and any affiliated companies, its staff, suppliers or producers as a result of its decision to terminate or suspend this agreement. Whilst Creative Nevada Limited will take reasonable and sufficient steps to ensure that the website is free from any viruses, trojans, malware, spyware, harmful software, data theft or any unauthorised malicious activity, Creative Nevada Limited make no guarantees on this matter and will not be held liable for any loss resulting from this.
You agree to indemnify, defend and hold harmless Creative Nevada Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Creative Nevada Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We may revise these Terms of Service from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
This notice will be governed by and construed in accordance with Scots law, and any claim or disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Scotland.
Your use of this website may also be subject to other local, national, or international laws.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Creative Nevada Limited failure to enforce any provision in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect.
Nothing herein shall be deemed to constitute a partnership, agency or joint venture between You and Us.
Whilst we endeavour to ensure that the information provided on this website is complete and correct, we do not warrant the accuracy and completeness of the Content. Furthermore, we reserve the right to make changes to the Content, or to the Products and prices described, at any time and without notice.