Terms & Conditions
Last updated December 17, 2020
Last updated December 17, 2020
illements is an online subscription service that provides our subscribers with access to royalty-free Audio Files including but not limited to audio loops and one-shot samples.
These Terms and conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and illements (“Company”, “we”, “us”, “our”, or "illements.com"), concerning your access to and use of the website, the user interfaces, all features and functionalities, all content, as well as any other software, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). The Service is operated by Heartbeat Music LTD, a company incorporated in the United Kingdom whose registered address is 9B Queens Yard, White Post Lane, London, E9 5EN. You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you may not use the Service.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.
1.1 In order to obtain access to the digital audio content such as samples, loops, one-shots, presets (each an "Audio File" and collectively, the "Audio Files") and use the Service you will need to create an account. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
1.2 If you choose to register, you agree that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (f) you will not use the Service for any illegal or unauthorized purpose; and (g) your use of the Service will not violate any applicable law or regulation.
1.3 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
1.4 You must be 18 (eighteen) years of age or over to create an account. By creating an account you confirm that you are legally capable of entering into binding contracts.
2.1 Your illements membership will be based on an annual, or other designated period (a “Period”) unless and until you cancel your membership or we terminate it.
2.2 You must provide current, complete, and accurate purchase and account information to use the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
2.3 We may offer a number of membership plans, including special promotional plans or memberships with different conditions and limitations. Those differing conditions and limitations will be disclosed to you at sign-up or checkout or in other communications made available to you. You can find specific details regarding your illements membership by visiting our website and clicking on the "My Account" link available at the top of the pages of the illements website under your profile image.
2.4. Sales tax will be added to the price of membership as deemed required by us.
3.1 By starting your illements membership and providing or designating a payment method, you agree that we are authorized to charge you immediately and at the beginning of any subscription period. You agree to pay all charges or fees at the prices then in effect for your purchases, and you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
3.2 You acknowledge that the amount billed each period may vary from period to period for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, increased subscription fees or pricing, and/or changing or adding a plan, and you authorize us to charge your payment method for such varying amounts, which may be billed each period in one or more charges.
3.3 We may change prices at any time, either immediately by posting on the Service or by notifying you via email.
3.4 The membership fee for the Service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular as indicated below, if your Payment Method has not successfully settled. In the event your paid membership began on a day not contained in a given month, we may bill your payment method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on January 31st, 2021, your next payment date is likely to be February 28th, 2021, and your payment method would be billed on that date. Your renewal date is subject to change due to changes in your membership.
3.5 All payments are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. We do not provide refunds or credits for any partial membership periods or none usage of the illements content.
4.1 If you are a consumer resident in the European Union, then you may also have the right to cancel your subscription without giving any reason, and ask for a refund within 14 days of purchasing such subscription. However, as explained below, this right is lost as soon as you download, stream, access or use any of the Audio Files, or use any of the Services.
4.2 To cancel your subscription in accordance with this section, you must inform us of your decision to cancel. You can contact us by sending an email to hello [@] illements.com. Please make sure that you include the details of your purchase so that we can identify it.
4.3 If you validly cancel your purchase in accordance with this section, we will refund the price you paid for your subscription (if any). We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the subscription.
4.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
4.5 If you purchase a subscription, you expressly accept that we start providing you this Service within your 14-day withdrawal period and you accept these Terms, conditions, limitations and requirements. You acknowledge that by receiving or accessing the Service, you will lose your statutory right to cancel the purchase.
4.6 These rights of withdrawal do not affect your legal rights.
5.1 We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice.
5.2 Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 The Service may include (or you may be sent via the Service) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Serivce or any Third-Party Content posted on, available through, or installed from the Serivce, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
5.4 We do not guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Serivce at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Serivce during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
5.5 We reserve the right to suspend, withdraw, modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
5.6 We do not guarantee that the Service, or any content on it, will be free from errors or omissions and you accept that such changes may result in your being unable to access the Service.
6.1 You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
6.2 As a user of the Service, you agree not to:
6.2.1 Retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
6.2.2 Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
6.2.3 Attempt to access the accounts of other users.
6.2.4 Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
6.2.5 Engage in unauthorized framing of or linking to the Service.
6.2.6 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6.2.7 Make improper use of our support services or submit false reports of abuse or misconduct.
6.2.8 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6.2.9 Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
6.2.10 Attempt to impersonate another user or person or use the username of another user.
6.2.11 Sell or otherwise transfer your profile.
6.2.12 Use any information obtained from the Service in order to harass, abuse, or harm another person.
6.2.13 Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
6.2.14 Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
6.2.15 Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
6.2.16 Delete the copyright or other proprietary rights notice from any Content.
6.2.18 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
6.2.19 Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
6.2.20 Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
6.2.21 Use the Service in a manner inconsistent with any applicable laws or regulations.
6.3 Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service.
7.1 Audio Files are provided under a royalty-free license which grants you non-exclusive, non-transferable, perpetual, worldwide right to use the Audio FIles you download through the Service in combination with other sounds in music productions (which include movie and television soundtracks, video productions, radio or commercials, computer games and multimedia presentations), public performances, and other reasonable musical purposes within musical compositions.
7.2 You can use Audio Files for personal, educational or commercial purposes as long as those purposes do not violate any of the following:
7.2.1 You may not use or sublicense the Audio FIles in isolation as sound effects, loops, or as source material for any other form of sample (even if you modify the Audio FIle);
7.2.2 You may not use or sublicense Audio FIles in a manner competitive to Company or its licensors;
7.2.3 You may not sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer Audio Files to a third party except as incorporated into a new music production;
7.2.4. You may not redistribute Audio Files in new sample packs. Additionally, for clarity, you may not use the name, image, or likeness of the artist associated with the Audio FIle in any way without that artist’s express written permission.
7.2.5. You may not use Audio FIles for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument.
8.1 Audio Files remain the property of the Service and are licensed to you for use in music and media productions in accordance with clause 7 of these Terms.
8.2 All rights not expressly granted herein are reserved exclusively by the Service.
8.3 You do not own the copyright in the Audio FIle, and if you submit a takedown notice to any third party sites for a work you create using the Audio File, then you are responsible for ensuring that such takedown notice is not being issued for a different work on the basis that the different work includes the same Audio File. Submitting a takedown notice in violation of The Digital Millennium Copyright Act of 1998 (the “DMCA”) may subject you to liability for damages under Section 512(f) of the U.S. Copyright Act.
9.1 Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Service. Nevertheless, we reserve the right to take any such actions in our sole discretion.
9.2 If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Services, without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information:
9.2.1 a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;
9.2.2 a description of the works that you claim is infringing or where it is located on the Service, with enough detail that we may verify its existence;
9.2.3 a description of the copyright works that you claim have been infringed;
9.2.4 your full name, address and telephone number and a valid email address on which you can be contacted;
9.2.5 a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and
9.2.6 a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.
9.3 Please send the notice containing the above information by email to legal [@] illements.com.
9.4 Notwithstanding our position that we are not obliged to monitor any content uploaded to the Service (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Services
9.5 We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Service.
10.1 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury by our negligence, (b) any fraud or fraudulent misrepresentation, or (c) any other liability which, by law, cannot be limited or excluded.
10.2 In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) Month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
10.3 Where we provide digital content (including Audio Files) as part of the Service, then the following will apply for consumers resident in the European Union:
10.3.1 If an Audio File is faulty, you are entitled to request that it is repaired or replaced;
10.3.2 If the fault cannot be fixed within a reasonable time, you may be entitled to receive a full or partial refund of any fees paid (if any); and
10.3.3 If you can demonstrate that the fault has damaged your device and that we have not used reasonable skill and care, then you may be entitled to a repair or to compensation.
10.4 We will not be liable for any loss or damage caused by any bugs, viruses, trojan horses, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.
10.5 We make no warranties or representations about the accuracy or completeness of the content of any websites linked to the Service. Such links should not be interpreted as endorsement by us of those linked websites and/or resources. We will not be liable for any loss or damage of any nature whatsoever, resulting from your use of them.
11.2 These Terms do not affect your legal rights. For further information about your legal rights please contact your local authority.
11.3 This contract is between you and us. No other person has any rights to enforce any of its terms.
11.4 These Terms, and any Contract between you and us, are in the English language only.
11.5 Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
12.1 In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us using the contact form.
12.2 We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.