Policies

Introduction

These Terms of Service ("Terms") govern your use of the Oversampled website, located at oversampled.us (the "Website"), operated by Oversampled ("we," "us," or "our"). The Website provides music producers with access to digital products, such as sample packs, preset packs, skins, effect racks, and other related content. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.

User Eligibility

The Website is available to all users worldwide, with no age restrictions or geographic limitations. You may browse the Website and purchase digital products, such as sample packs, preset packs, and tools, without creating an account. Creating an account is optional and may be done at any time, including after a purchase, to access your purchased products and manage downloads. No specific qualifications or requirements, such as being a music producer, are necessary to use the Website or its services.

Acceptable Use

You are granted a non-exclusive, non-transferable, royalty-free license to use the digital products purchased from the Website, including sample packs, preset packs, and tools such as skins and effect racks, solely for incorporation into your own music productions. You may not resell, redistribute, or share these products, or any derivative works that closely resemble them, in any form, as you do not own the products but only the rights to use them in your original works. Sharing files, licenses, or accounts with others is strictly prohibited, and any use of the products by non-purchasers is illegal; each user must purchase their own license. You may not distribute, post, or recreate preview tracks provided on the Website, as these are original songs copyrighted by Oversampled, and you do not have rights to them, even if recreated using purchased sounds. Unauthorized activities, such as hacking the Website or attempting to circumvent its security measures, are strictly prohibited. Additionally, excessive or bulk downloading of files may be deemed suspicious and indicative of unauthorized sharing; we reserve the right to terminate download links and associated accounts in such cases. You are responsible for securely storing purchased products on your own device to prevent unauthorized access or distribution.

Intellectual Property and Licensing

Oversampled retains full copyright ownership of all digital products, including sample packs, preset packs, tools such as skins and effect racks, and preview tracks available on the Website. Upon purchase, you are granted a non-exclusive, non-transferable, royalty-free license to use these products in your own music productions, including for commercial releases such as songs sold or streamed, without additional fees, permissions, or the need to credit Oversampled. Your purchase serves as proof of this license. You may modify, edit, or process the samples and presets to suit your creative needs, provided such modifications are used solely within your original music productions and comply with these Terms. You are prohibited from using these products in any works that incite violence or promote violent behavior. If you become aware of any misuse of Oversampled’s products, such as unauthorized sharing or resale, you are encouraged to report it to peter@oversampled.us. Any unauthorized use or distribution of Oversampled’s intellectual property is strictly prohibited and may result in legal action.

Payment and Refunds

All purchases on the Website are processed in United States Dollars (USD) and may be made using PayPal, credit cards, Apple Pay, or other similar payment methods accepted at checkout. All sales are final, and no refunds will be issued, as Oversampled provides detailed sound previews, videos, and demos for all digital products, including sample packs, preset packs, and tools, to ensure transparency and eliminate surprises regarding the content you are purchasing. If you encounter any issues with your purchase, you must contact us directly at peter@oversampled.us before initiating any payment disputes or chargebacks. Initiating a chargeback after downloading the purchased files, or without providing proof that the files were not received, and without first contacting us to resolve the issue, will result in the immediate revocation of your license to use the purchased products. Any continued use of such products thereafter will be considered illegal and may result in legal action. You are responsible for ensuring the accuracy of your payment information and for resolving any payment-related issues directly with Oversampled.

Limitation of Liability

To the fullest extent permitted by law, Oversampled, its affiliates, and its representatives shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or in connection with your use of the Website or the digital products, including but not limited to sample packs, preset packs, skins, or effect racks, whether due to data loss, device damage, or failure to meet your expectations. The Website and all products are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose or non-infringement. Oversampled is not responsible for any damages resulting from Website downtime, third-party misuse of products, or errors in free content. In no event shall Oversampled’s total liability exceed the amount you paid for the products purchased from the Website. You assume all risks associated with the use of the Website and its products.

Modifications to the Terms

Oversampled reserves the right to modify or update these Terms of Service at any time, at our sole discretion, to reflect changes in our business practices, legal requirements, or Website functionality. Any changes will be posted on the Website at oversampled.us, and we may, at our discretion, notify registered users via email. Modifications will take effect immediately upon posting unless otherwise stated. Your continued use of the Website or its digital products, including sample packs, preset packs, or tools, following the posting of updated Terms constitutes your acceptance of those changes. It is your responsibility to review the Terms periodically for any updates.

Acceptance of Terms

By accessing or using the Oversampled website located at oversampled.us, including browsing, purchasing, or downloading digital products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree to these Terms, you must immediately cease using the Website and its services.

Privacy Statement

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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at peter@oversampled.us.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics:
Our store uses Google Analytics to help us learn about store visits and the pages being viewed.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at peter@oversampled.us.