Last updated : Feb 7, 2019
These terms of use (hereinafter “terms”) are an agreement between Planet-h.com (hereinafter “we”, “our”, “us”, “Planet-h.com”, “Planet-h.com Samples” or “Planet-h.com support forum”) and you, an individual user (“you”) of our website, software or mobile applications (hereinafter “website”, “services”, “apps”, “mobile apps”, “mobile applications”, “software”, “products”).
By using our website, software or mobile applications you signify your agreement to (I) these terms (the “terms of use”), and (II) our privacy policy, found at https://www.planet-h.com/privacy/ and incorporated herein by reference. If you do not agree to to any part of these terms, do not install, use, or access our website, software or mobile applications.
Planet-h.com may, in its sole discretion, modify or revise the terms of use at any time, and you agree to be bound by such modifications or revisions. Any changes to these terms will appear on this page, including the terms’ effective date. Although Planet-h.com may attempt to notify you when major changes are made to the terms of use, you should periodically review the latest version at https://www.planet-h.com/terms/.
Eligibility to accept our Terms of Use
You represent and warrant that (I) you are at least 13 years of age if you reside in the United States, you are at least 16 years of age if you reside in the European Economic Area, or you are such older age as prescribed by the law of the place where you live; (II) that you have a parent or legal guardian’s consent to this agreement or are eligible to form a binding contract with Planet-h.com; (III) that you are fully able and competent to enter into and comply with the terms, conditions, obligations, and warranties set forth in these terms of use; (IV) that your use of our services does not violate applicable law; and (V) that you have not been previously suspended or removed from the services by Planet-h.com.
Eligibility to use our Services
Our services are not directed to anyone under 13 in the United States, anyone under 16 in the European Economic Area or anyone under the minimum age to use commercial services in the jurisdiction where they reside.
TO USE OUR SERVICES, YOU MUST BE AT LEAST 13 YEARS OF AGE IF YOU RESIDE IN THE UNITED STATES, OR YOU MUST BE AT LEAST 16 YEARS OF AGE IF YOU RESIDE IN THE EUROPEAN ECONOMIC AREA, OR YOU MUST BE SUCH OLDER AGE AS PRESCRIBED BY THE LAW OF THE PLACE WHERE YOU LIVE.
By registering an account with Planet-h.com, you represent and warrant that (I) you are at least 13 years of age if you reside in the United States, you are at least 16 years of age if you reside in the European Economic Area, or you are such older age as prescribed by the law of the place where you live; (II) that you have a parent or legal guardian’s consent to this agreement or are eligible to form a binding contract with Planet-h.com; (III) that you will comply with these terms; (IV) that your use of our services does not violate applicable law; and (V) that you have not been previously suspended or removed from the services by Planet-h.com.
License
Subject to your compliance with these terms, Planet-h.com grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license (hereinafter the “license”) to use our services for your own personal, non-commercial use, under the following conditions:
Except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right.
You agree not to access our website, software or mobile applications by any means other than through the interfaces provided by Planet-h.com.
Copyright & Intellectual Property
Unless explicitly stated otherwise, all content (such as text, audio and video content, graphic assets), graphical design, source code, features and functionalities of our website, software or mobile applications are owned by Planet-h.com or are licensed to us by a third party and are protected by international copyright.
You acknowledge that all content belonging to Planet-h.com can only be used in compliance with the terms of the license provided to you as an end-user.
Contents distributed within our Mobile Apps
Our mobile apps allow you to make use of contents, such as audio samples, demo patterns, presets or drum kits to create your own musical creations, e.g. own loops or complete tracks. A basic set of such contents is provided in form of factory samples or other demo content in our host apps (“G-Stomper Studio”, “G-Stomper Studio DEMO”, “G-Stomper Producer”, “G-Stomper Producer DEMO”, “G-Stomper Rhythm”, “G-Stomper VA-Beast”, and “G-Stomper VA-Beast DEMO”). Additional contents are provided (either free or paid) by so called add-on packs (“sample packs”, “preset packs”, “content packs”), published by “Planet-h.com” and “Planet-h.com Samples”.
The sounds (“samples”) included in our host apps as well as the sounds provided by our add-on packs are royalty-free. You can use them in your tracks without any risk of copyright infringement. Selling or distributing these samples separately is not permitted. For instance, you are not allowed to upload a track that plays just one sample after another. But as long as you mix multiple samples, e.g. in a drum loop with kick drum, clap, snare, hi-hat, and more, you become the owner of the track.
IF YOU ARE USING SAMPLES OTHER THAN THE ONES DIRECTLY PROVIDED BY OUR HOST APPS OR BY OUR ADD-ON PACKS, THEN PLANET-H.COM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY IN CASES OF COPYRIGHT INFRINGEMENT.
Sharing Creations or Recordings made with our Mobile Apps
You can share your creations and/or recorded contents through various platforms, e.g. SoundCloud, YouTube or similar. As an end-user of our mobile apps, you are responsible for the content you share with others.
Planet-h.com disclaims any responsibility or liability for copyright infringements that are caused by or alleged to be caused by or in connection with the use of contents, which are not directly provided by our host apps (“G-Stomper Studio”, “G-Stomper Studio DEMO”, “G-Stomper Producer”, “G-Stomper Producer DEMO”, “G-Stomper Rhythm”, “G-Stomper VA-Beast”, and “G-Stomper VA-Beast DEMO”) or by our add-on packs (“sample packs”, “preset packs”, “content packs”).
IF YOU ARE USING CONTENTS THAT ARE NOT DIRECTLY PROVIDED BY OUR HOST APPS OR BY OUR ADD-ON PACKS, IT IS ENTIRELY YOUR RESPONSIBILITY TO ENSURE THAT THE USED CONTENTS DO NOT VIOLATE THE RIGHTS OF THIRD PARTIES.
Automatic Copyright Infringement Detection Systems
In some cases, creations that you upload can be flagged for copyright infringement by SoundCloud’s, YouTube’s or other platforms’ copyright infringement detection algorithms. These algorithms evaluate the similarity between two audio files and flag the later added file as a duplicate of the other. IN SUCH CASES, PLANET-H.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM A CREATION BEING FLAGGED AS COPYRIGHT INFRINGEMENT.
The sounds (“samples”) included in our host apps as well as the sounds provided by our add-on packs are royalty-free and approved for use. But if another platform user has already uploaded a creation that sounds similar (e.g. if both creations are based on the same samples or demo patterns), a copyright infringement detection algorithm might identify your creation as a duplicate. To avoid this, try to make your creations sound as unique as possible and keep in mind that accidental similarity might result in a copyright infringement notice.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PLANET-H.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE THEREOF. PLANET-H.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PLANET-H.COM’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA OUR SERVICES. PLANET-H.COM DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLANET-H.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL PLANET-H.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PLANET-H.COM’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PLANET-H.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Links to other Websites
Our website, software and mobile applications may contain links to third-party web sites or services that are not owned or controlled by Planet-h.com. Planet-h.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Planet-h.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
