Terms of service
OVERVIEW
Beat Batter is in the business of selling downloadable products in the form of digital audio recordings, and additional products and services that may be added to the Website from time to time, for use by, without limitation, musicians, music producers, composers, film editors and web designers (the “Products and Services”). The available Products and Services offered on the Website may be updated or changed at any time at Beat Batter’s sole discretion.
This website is operated by Beat Batter. Throughout the site, the terms “we”, “us” and “our” refer to Beat Batter. Beat Batter 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, 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.
Any new features or tools which are added to the current store 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.
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.
ONLINE STORE TERMS
All right, title, and interest in and to the Website, The Beat Batter's logos, designs, and trademarks are and will remain our exclusive property (collectively, “Intellectual Property Rights”). You will not use the Intellectual Property Rights for any purpose (or anything that is confusingly similar to the Intellectual Property Rights) without the express authorization to do so from Beat Batter.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
PROHIBITED USES
All sample packs and drum kits are 100% royalty free. The contents of each kit are licensed royalty free, not sold to you by Beat Batter. Ownership and copyright remains with Beat Batter. Copying, duplicating, lending or re-selling our products and their contents, in whole or in part, is strictly prohibited.
Beat Batter, the owner of these products, reserves all rights. Unauthorized duplication of downloads is a violation of applicable laws.
DISCLAIMER
While Beat Batter will take reasonable steps to ensure that the Website and our Products and Services are free from uncleared or unauthorized samples, free from materials that infringe copyright, and free from any viruses, trojans, malware, spyware, harmful software, data theft, or any unauthorized malicious activity, Beat Batter makes no guarantees on this subject and will not be held liable for any losses, judgements, claims, legal fees, or court costs resulting from this.
Your use of the Website and any Products and Services is at your sole risk, and the Products and Services on our Website are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. In addition, Beat Batter does not warrant that our Products and Services will be uninterrupted, timely, secure, or error-free.
You hereby agree to indemnify, defend and hold us and all of our officers, directors, owners, employees, affiliated parties, suppliers, and licensors (collectively referred to as the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim, including but not limited to, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of your use of the Website, the Products and Services, use of third party sites, your violation of these Terms, your violation of the rights of any other person or entity, and any use or alleged use of your account or your passwords by any person, whether or not authorized by you.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at beatbatterkits@gmail.com.
