Terms & Conditions
By using this website, which includes any affiliated websites and mobile applications (the “Website”), you are entering into an agreement with Xclusive-Audio Sound Design (sometimes also referred to as “we”, “us” or “our”) and hereby agree to the terms & conditions set out herein (the “Terms”). We may modify these Terms at any time (without notice to you) by posting revised Terms on the Website. You are responsible for regularly reviewing these Terms for any changes or updates to these Terms, the Website or any offerings through the Website.
About Xclusive-Audio
Xclusive-Audio is in the business of selling downloadable products in the form of digital audio recordings, music production software and other related materials, 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 Xclusive-Audio’s sole discretion.
Security and Registration
You do not have to be registered with Xclusive-Audio to view the Website but to purchase the Products and Services you must provide certain information, including a username, password, and valid email address. Once these are provided, they will be kept on file by Xclusive-Audio. This information will be used by Xclusive-Audio as outlined in the ‘Privacy Policy. Xclusive-Audio may immediately terminate or suspend your use of the Website, your account, or the Products and Services and this agreement at any time, particularly if you breach or otherwise fail to comply with these Terms.
Payment and Downloading Products
Payment is taken on behalf of Xclusive-Audio by PayPal Payments and or AfterPay. After payment for the Products and Services, you will be taken to a page of your account, where you can download your purchased Products and Services.
Intellectual Property Rights
All rights, titles, and interests in and to the Website, The Xclusive-Audio 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 The Drum Broker.
All feedback, comments, and suggestions for improving the Website and the Products and Services (the “Feedback”) that you provide to us, and any contributions you make to the Website by posting content and communicating with other users via posts or forms that may be available on the Website from time to time (“User Posts”), will be the exclusive property of The Drum Broker. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your rights, title, and interest in and to all of your Feedback and User Posts, including all worldwide Intellectual Property Rights therein. At our request, you will execute documents and take such further acts as we may request to assist us in acquiring, perfecting, and maintaining our Intellectual Property Rights and other legal protections for your Feedback and User Posts.
Privacy Policy
To provide you with the Products and Services you have selected, it is essential for Xclusive-Audio to store your personal information. This information will be used by us and our service providers or other third-party partners to allow for faster purchasing and the allocation of discount coupons, and will not be passed on to any third parties other than those who assist Xclusive-Audio in providing the Products and Services to you. No promotional information from Xclusive-Audio or any third parties will be sent to the email address provided, except the Xclusive-Audio newsletter, which you can unsubscribe to at any time using the link at the bottom of the email. By using the Website and providing us with your personal information, you are hereby expressly consenting to be added to Xclusive-Audio’s newsletter.
When you enter the Website you will be issued with a cookie, which is a small text file transferred from the Website to your hard drive, and is used to validate your login details and allow the audio player to function smoothly when browsing the Website, as well as record areas of the Website that you visit. This helps us to provide the best browsing experience for our customers and we don’t collect any other information than that outlined above and that you enter on the Website. This Website complies with the Data Protection Act 1998 and The Drum Broker takes all necessary measures to ensure your data is protected against loss, theft, misuse, and alteration.
Third Party Sites
The Website may contain links to other internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, of those sites. We have no control over sites that are not ours, and we are not responsible for any use of such sites or content on them. Our inclusion on the Website of any third-party content or link to a third-party site is not an endorsement of that content or third-party site.
Disclaimer, Waiver, and Indemnity
While Xclusive-Audio 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, Xclusive-Audio makes no guarantees on this subject and will not be held liable for any losses, judgments, 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, Xclusive-Audio 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.
Third-Party Licenses
You acknowledge and agree that when you purchase the Products and Services, your purchase may be subject to licensing terms from a third party, such as the owner of the copyright in the sound recording(s) or underlying musical composition(s) of the Products and Services, if applicable (“Third Party License”). By purchasing the Products and Services, and if applicable, you are agreeing to any Third Party License, which you will have the opportunity to review prior to purchasing the Producers and Services. If applicable, you agree that you have reviewed such Third Party License and have received (or have had the opportunity to receive and have declined) independent legal advice on how such Third Party License governs the use of the Products and Services you have purchased on the Website.
Limitation of Liability
You expressly agree that Xclusive-Audio (including our officers, directors, owners, employees, affiliated parties, suppliers, and licensors) will NOT be held liable for and will remain harmless against any losses, judgments, claims, legal fees, or court costs that may arise from your use of the Website and purchase of any Products and Services from this Website, including any losses, judgments, claims, legal fees or court costs resulting from Third Party Licenses. By entering this agreement you agree not to sue or recover any damages from Xclusive-Audio (including our officers, directors, owners, employees, affiliated parties, suppliers, and licensors) as a result of your use of the Website, purchase of any Products and Services, Third Party Licenses, and/or our decision to terminate or suspend this agreement, your account, or access to any of our Products and Services.
In addition, to the maximum extent permitted by applicable law, we will not be liable for any direct or indirect, incidental, special, exemplary, punitive, or consequential damages suffered by you in connection with or arising out of your use of the Website, Products, and Services, its software, content or other materials, even if we have been advised of the possibility of such damages, including but not limited to, damages for loss of profits, goodwill, use or loss of any of your content, passwords, or other intangible losses, resulting from but not limited to: the use or the inability to use the Website and the Products and Service; alternation of, inaccuracies, errors or omissions in your consent, transmissions or data; or statements or conduct of any third party, including but not limited to any and all damages flowing from unauthorized third party use of the Website or the Products and Services.
Additional Agreement with Xclusive-Audio
If you execute a separate agreement with Xclusive-Audio for any Products and Services, you expressly agree and acknowledge that you remain bound by these Terms.
Delivery/Refund Policy
After making payment on this Website you will be automatically taken to a download page, where you can download your purchased Products and Services. If you experience any problems, please get in contact with us immediately at support@xclusive-audio.com and we will work to solve the problem. However, for certainty, once downloaded, the Products and Services purchased by you from Xclusive-Audio are non-refundable.
Exchange Policy
We like to make sure our customers are always happy with their purchases and never want you to feel dissatisfied. If for some reason you are not happy with your order, please kindly contact support and we will offer you an exchange for a different product or store credit towards a future purchase.
