TERMS OF USE

(Last updated: 8-9-19)

Website Use

Images, audio, video and text on this website cannot be duplicated, resold and/or distributed. Violators are subject to legal action.

This website format/template cannot be duplicated, resold and/or distributed. Violators are subject to legal action.

All digital sales are final. This Website is provided “as is,” with all faults, and Utmosfi LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained within.

By using this website, you agree to terms on this page. Terms are subject to updates at the discretion of Utmosfi LLC doing business as (DBA) OBSCUR8. It is your duty to read the terms prior to using this website.

Royalty Free Samples

All sounds contained in sample kits with ROYALTY FREE in product description do not require prior approval for use. Usage includes tv, film, personal use, independent and major label applications. No sounds/samples in these kits are allowed to be repackaged and/or resold without authorization from Obscur8. Violators are subject to legal action.

Master Clearance Guaranteed Samples (Non-Royalty Free Samples)

The sample[1] clearances will be approved for sample(s) purchase on OBSCUR8.COM or through a third party licensed to sell samples owned by UTMOSFI, LLC doing business as (DBA) OBSCUR8. If the sample(s) are used on any NON MAJOR LABEL[2] project(s) (music, tv, film, etc.), you (the licensee) will have the freedom to use them in a new composition/work however you like (Ex. YouTube uploads, Soundcloud uploads, independent artist use, demo use, production demos, etc.).  In the event that any of these samples are used on a MAJOR LABEL[3] project (music, tv, film, etc.), you (the licensee) will be obligated to contact UTMOSFI, LLC to agree on terms PRIOR to the project being released. The clearance of the sample is guaranteed after split agreements are discussed and signed. In addition to this, “UTMOSFI” and/or the producers involved in the sample composition(s) will receive visible production credit(s) on the associated project release(s).  PLEASE CONTACT OBSCUR8.COM (info@obscur8.com) with any general questions related to this agreement and contact UTMOSFI, LLC (utmosfi@gmail.com) with any licensing request(s). 

Samples licensed by UTMOSFI, LLC (DBA OBSCUR8) that are dowloaded ILLEGALLY (PIRATED) or their use violates the above terms, will be subject to a distribution of ALL profits obtained from its use to UTMOSFI, LLC or a designated employee. 

By using or purchasing any samples on OBSCUR8.COM or through a third party licensed to sell samples owned by UTMOSFI, LLC (DBA) OBSCUR8, you (the licensee) agree to these terms. 

[1] The term "sample" includes the "master" recording and any "stem" file associated with that base audio recording.

[2] NON MAJOR LABEL refers to any personal or independent organization used to promote, release and distribute media using audio recordings.  In this agreement, the term independent refers to an organization with < 5 full time employees and a gross business income of <$100,000 USD annually. 

[3] MAJOR LABEL refers to any large/mainstream organization used to promote, release and distribute media using audio recordings.  In this agreement, the terms large/mainstream refer to an organization with > 5 full time employees and a gross business income of >$100,000 USD annually. 

Collaborations

In the event that samples and/or compositions are sent on behalf of OBSCUR8, then those transactions operate under different licenses than the site. For example: a composition sent directly to a producer or artist without payment for license will automatically fall under a “collaboration” classification. This means that the sales, royalties, publishing, etc. will be split between OBSCUR8 and the producer/artist based on a fair agreed upon percentage. This condition does not apply to one downloading from the site using a complimentary or 100% free code (the standard conditions apply in this case).

 Limitation of Liability

Utmosfi LLC, and all of its employees are not subject to liability in the event that any issues arise from your use of this Website and any content procured from it.

Indemnification

You hereby indemnify to the fullest extent Utmosfi LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.