Terms & Conditions
Terms and Conditions of IRRUPT.com Website Use
Information accuracy and use
The contents of this Website are provided strictly for your convenience. Although Company tries to ensure that information is accurate when it is placed on the site, Company does not guarantee or represent that the information is accurate, complete, current or suitable for any particular purpose. The information contained in this Website is also not intended as legal or financial advice. Accordingly, you use or rely on such information at your own risk.
The information contained in this Website, including prices and policy terms and conditions, is subject to change or can be updated without prior notice.
This is a non-exclusive, non-transferrable, terminable license agreement between you, a single user, and Company. Upon your purchase or download of any IRRUPT Product and subject to your compliance with these Terms and Conditions, you are granted a royalty free, non-exclusive license, on a global basis for the full copyright protection period (unless earlier terminated) in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively the “IRRUPT Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the IRRUPT Product. Only the original purchaser of the IRRUPT Product has the right to embody and utilize the IRRUPT Product within their derivative work.
All IRRUPT Products remain the property of Company or its Licensor (the “Copyright Holder”) and are licensed to you only for use in the creation of a live or recorded performance that includes the licensed samples as part of a derivative musical or visual work created by you, the licensed end user. All rights of the Company and/or the Copyright Holder are reserved. For avoidance of doubt, copying, duplication, lending or re-selling of the IRRUPT Product(s) or its contents in whole or part are strictly prohibited.
You are not the owner of the copyright of the IRRUPT Product(s) delivered or obtained from the Website. Your use of the IRRUPT Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them as isolated works. Similarly, any IRRUPT Product which is a rhythm loop sample must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.
This license expressly forbids the copying, lending, duplicating, sublicensing, trading, resale, rental, loan, gift or transfer of any part of the IRRUPT Product or a copy thereof, in any format or via any medium, to another person or Company, except in accordance with a permitted use contained herein in a derivative work created by you. You may not electronically transfer the IRRUPT Product or place the IRRUPT Product in a file-sharing or service bureau operation or a computer/sampler network.
The purchased IRRUPT Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product.
Any unlicensed usage will be prosecuted to the maximum extent possible by law.
The Company may terminate your rights in a purchased IRRUPT Product upon written notice to you if it believes you have breached any of these Terms and Conditions. Upon such termination you must return, destroy, remove, and cease all use of the identified purchased IRRUPT Product. No refunds shall be granted for such terminations.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to the Company (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. The Company may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, or, if the Company, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft or stolen credit cards or artificial purchasing to inflate sales data, associated with your registration. You agree that the Company may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify the Company immediately of any unauthorized use of your password and/or Account. The Company shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify the Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, the Company shall have the right to terminate your Account and pursue all available remedies at law.
Consent to Company’s Communication with you by E-Mail.
By establishing an Account, you grant permission for the Company to contact you at your provided e-mail address as well as any through any of your social media accounts (Facebook, Twitter, Instagram, etc.).
Limitation on Sales
The Company sells IRRUPT Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. The Company reserves the right to refuse access to the Website or sale of IRRUPT Products for any reason, to any end user. The Company may terminate any offers for free or special promotions or pricing on merchandise at any time. The Company may at any time lose the right to make certain IRRUPT Products available. In such an event, you will no longer be able to access such IRRUPT Products from the Website.
You agree to defend, indemnify and hold the Company harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your breach of these Terms and Conditions and/or misuse, deliberate or otherwise of the IRRUPT Product, and/or violation of the rights purchased pursuant to this Agreement.
Limitation of Liability
IN NO EVENT WILL COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, EITHER DIRECTLY OR INDIRECTLY, AS A RESULT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ITS CONTENTS OR THE PRODUCTS DELIVERED THEREBY. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATION ON DAMAGES AND LEGALITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US $10. ALL IRRUPT PRODUCTS AND INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE IRRUPT PRODUCTS AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION OR CONTENT TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
When accessing the Website, you understand that you may encounter material that may be deemed objectionable, indecent, or offensive, which material may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and the Company shall have no liability to you for material that may be found objectionable, indecent, or offensive.
Hyperlinks in the Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Company has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any IRRUPT Products, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any IRRUPT Products, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website, provided however that bots, spiders or similar programs used by bona fide search engines to index the initial home pages in English of this Site for search purposes available to the general public via ordinary web browser applications are permitted to carry out their bona fide indexing functions on a limited and reasonable basis. The Company reserves the right to bar any such activity. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
Software Viruses and Malware
Company makes reasonable efforts to ensure that this Website and the IRRUPT Products are virus- and malware-free, but does not guarantee that this is the case. You are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website and/or the IRRUPT Product obtained from the Website.
Trademarks and Copyrights
Company, irrupt.com, and related words and logos as well as the names of other products or services of Company are trade names, trademarks or registered trademarks of Company. The names of other companies, products or services referred to in this Website may be the trademarks of their respective owners. Any unauthorized use of any of these trade names or trademarks is prohibited.
All contents of this Website are © IRRUPT, LLC or its licensors. All rights reserved.
Privacy and Use of Personal Information
Price and Payment Terms
You agree to pay for all for-fee IRRUPT Products that you purchase through the Website. The Company may charge your credit card for any IRRUPT Products purchased for any additional amounts (including any taxes, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize the Company to charge your credit card for the above mentioned at the Company ‘s convenience, but within thirty (30) days of credit card authorization, but no earlier than when the purchased IRRUPT Product is available for actual download or delivery, unless as may be required to process pre-order purchases at your request. YOU ARE RESPONSIBLE FOR PROVIDING THE COMPANY WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, the Company may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
The Company may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and the Company will not be liable to you or to any third party should it exercise such rights.
The total price and all other related charges for products will be set out in your purchase receipt. Company will also provide confirmation of your order to the email address you provided during your registration process.
All payment and credit terms are within Company’s sole discretion and will be as specified during your purchase process. Payment for the IRRUPT Products is required prior to the product being made available to you for download.
The Company currently accepts American Express, Visa, Master Card, Solo credit cards, and PayPal. The Company does not accept cash, money orders, or checks. The Company reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not the Company, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for IRRUPT Product orders previously accepted by the Company will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at the Company’s management’s sole discretion.
The Company accepts the following currencies: US Dollars, Euros, British Pounds and Australian Dollars.
Advertisements on this Website are invitations to you to make offers to purchase products and services and are not offers to sell. A properly completed order on this Website by you constitutes only your offer to purchase the products in your order, even if Company has processed payment for such offer. Your order will be accepted only if and when Company sends a notice email to the email address you provided during your registration or order process. If Company does not accept your order in whole or in part, Company will refund any amounts paid by you to Company for the order or part of the order not excepted.
Any price offers or advertisements given by Company will be valid for the period stated on the offer or advertisement, except that Company reserves the right to reject any sale for any reason, including without limitation for a misprint in the price offer or advertisement. The Company does not provide price protection or refunds in the event of a price drop or promotional offering.
Unless you provide Company with a valid tax exemption certificate applicable to the IRRUPT Product download destination prior to acceptance of your order by Company, you are responsible for all goods and services taxes, harmonized sales taxes and/or value added taxes, and all other taxes associated with the order, except taxes on Company’s net income. Separate charges for taxes will be shown on the order invoice.
All sales are final and all charges from those sales are nonrefundable. The Company will not refund any fees for IRRUPT Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of the Company.
The IRRUPT Products offered by the Company may be subject to U.S. export and control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from the Company under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
These terms set forth the entire agreement of the parties with respect to its subject matter. These terms may not be altered, supplemented, or amended by the use of any other documents. Any attempt to alter, supplement or amend this document or to enter an order for products that are subject to additional or altered terms and conditions will be null and void. These terms may be changed by Company at any time, in its so sole discretion without prior notice, with respect to any future sales or transactions with you.
The relationship between Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of this Website. The failure of Company to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by you. The headings used in these terms are included for convenience only and will not limit or otherwise affect these terms. If any provision of these terms will be ruled unenforceable, then the remainder will be enforced to the extent permissible. This Website is not intended for use by children under the age of 18. Use of this Website is void where prohibited by applicable law.
Your use of this Website and its contents will be governed by the laws of the State of Colorado and any applicable federal laws of the United States, and the courts of the State of Colorado will have the non-exclusive jurisdiction over any legal disputes relating to this Website or the IRRUPT Products obtained therefrom. You hereby irrevocably submit to the jurisdiction of the Colorado courts in any such action or proceeding and irrevocably waive any right to contest the jurisdiction (in rem or in personam) or power or decision of that court within or without the State of Colorado other than appropriate appellate courts. You also waive any defense of inconvenient forum to the maintenance of any such action or proceeding. The United Nations Convention on Contracts for the International Sale of Goods and the U.S. Uniform Commercial Code are expressly excluded from the operation of these Terms and Conditions.
Customer Support and Information
Please contact us at: firstname.lastname@example.org for assistance with questions about your purchase, any exchanges, returns, cancellations or transfers, to change your address or to inquire about orders, bills and invoices.
Effective date: October 5, 2015
By visiting or registering at one or more of the Sites, you acknowledge that you have read, understand and agree to be bound by this Policy as it may be amended from time to time, and to our collection, transfer (if applicable), storage and processing of your information in the United States of America. If you do not agree to these terms, please navigate away from the Site and do not register, make any purchases or provide us with any personal information about you.
What information do we collect?
We generally collect two kinds of information through the Site: “personal information” about you which you provide to us, and “non-personal information” about you, your computer and technology, and your use of the Sites, which alone doesn’t identify you personally.
In order for you to become a registered user, make purchases from, or sell content through our Sites, you will need to provide us with certain personal information, such as your name, business name if applicable, e-mail address, street address and telephone number during the registration process. For online purchases or sales, we will also require your Paypal email address or alternatively, credit or debit card number, expiration date, billing address and related details in order to process payments.
We may also collect non-personal information from visitors and registered users of the Sites. We may ask you to provide some of that information yourself, such as your musical preferences, or your purchasing, listening habits. Other technical, geographic and usage data and information we may collect directly, such as your browser type, ISP, operating system, log and Site usage data, IP address, zip code or location, the pages you visit and music or other content that you listen to or access while on the Sites, websites you’ve visited upon entering or leaving the Sites, and if you purchase or sell content through the Sites we will keep track of those purchases and/or sales. Such information may be combined with your personal information.
If you contact or communicate with us or our representatives by e-mail or through the Sites, or if you post any information on any forums, chat rooms, profile pages, feedback, customer service or other portions of the Sites, we may collect, retain and use any information that you provide.
Do we use “cookies” or “web beacons”?
We do use “session cookies” to collect Site usage data and to improve your experience on the Sites and our service generally. A “session cookie” expires once you close your browser. Session cookies permit the Sites to keep track of your movement from page to page so you don’t get requests for the same information that you have already provided to the Sites. By using our Sites, you agree that we can place these types of cookies on your device. We do not use any other types of cookies or web beacons
Does Irrupt engage in targeted advertising?
We do not engage in targeting advertising at this time. This part of the Policy may change in the future so if this matter is a concern to you, please check this Policy page regularly to be notified of any such changes.
What do we do with the information we collect?
Our main use for the personal information we collect is to process your registration, purchases and payments, and to maintain your account on an ongoing basis.
We may also use your personal and non-personal information to enhance your experience with the Sites and our service, such as sending you e-mails and otherwise providing you with other information, content and material in which we believe you might be interested; fulfilling your orders; providing customer service and responding to your questions and comments; or contacting you about your account or about our and our partners’ promotions, contests, surveys, or other promotions. By creating any account with us, you are consenting to our future communications with you via email, social media or other modes of communication. You may unsubscribe from our communications to you at any time by clicking the ‘unsubscribe’ link found at the bottom of each communication.
We may use information learned from cookies to make sure that our content and emails are in a format that you can read, to analyze trends about which Sites, content and e-mails are popular and are being read and/or forwarded, to maintain a history of e-mail activity, and to evaluate the effectiveness and efficiency of certain communications.
Your feedback and other information will also be used to evaluate and enhance our Sites and service. For example, we may analyze the traffic and usage of our Site; the participation rate of our various promotions, offerings, e-mails, and other programs; and the popularity of our content, artists, and participating suppliers. We may also use that information for product development purposes, such as determining what other labels, artists, products and services our users are interested in, and for technical purposes such as monitoring the functionality of our servers and e-mail systems.
Do we share the information we collect with third parties?
We will share the information we collect with the trusted third party service providers we utilize to perform various functions for our business such as payment processing, hosting and maintaining our servers and the Sites, database storage and management, ecommerce solutions, email communications management, order processing, customer management, and other similar business services now known or hereinafter developed. We may share the information that we collect, both personal and non-personal, with third parties such as contest sponsors, promotional and marketing partners. We may also share it with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer your personal and non-personal information to our successors-in-interest.
We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.
Is your information secure?
We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. All credit transactions occur in a secure area of the Site using Secure Sockets Layer (SSL) software to process orders, which encrypts the information you input on the Site. For the storage and processing of credit card information, we engage a third party certified as compliant with the Payment Card Industry Data Security Standard (PCI DSS).
In addition, all personal user information is stored behind a firewall with limited administrative access. However, please be aware that despite our best efforts, no security measures are perfect or impenetrable.
Does this Policy apply to any other sites or services?
The Sites may contain links to the websites associated with other third parties. Links, advertisements, promotions, or other mentions do not constitute our endorsement, authorization or representation of our affiliation with any third party, or of their products or services.
What is our policy regarding children’s information?
Our Sites, products and services are not intended for, and we do not knowingly accept registration or collect personally identifiable information from, engage in financial transactions with, or otherwise transact with, children under 13 years old. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete it from our files. If parents or legal guardians become aware that their under-13s have provided us with personally identifiable information without their consent (or that we have otherwise collected or obtained such information), they should contact us at email@example.com.
If you are between the ages of 13 and 18, or otherwise below the age of legal majority where you live, you must obtain permission from your parent or legal guardian before registering with one or more of the Sites, using a credit card or providing any information about themselves to us or anyone else over the Internet.
Where do we store and use your information?
We collect, store and process the information we collect in the United States of America and United Kingdom. If you are outside the U.S. or U.K., then your personal and non-personal information may be transferred to the U.S. or U.K.
We may update this Policy from time to time. You should review this Policy on a regular basis to review any changes made.
California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, and those who have an established business relationship with us may also choose to opt-out from such disclosures. To do so, please contact us by one of the methods described below stating your specific request and your name, address, e-mail address and phone number. This will not prohibit disclosure of information for non-marketing purposes.
E-mails that you receive from us will include specific instructions on how to unsubscribe from receiving certain communications. You may also send an email to us at firstname.lastname@example.org to update or correct the personal information we have on file for you or to be unsubscribed from marketing or promotional e-mailings.
As long as you remain a registered user of one or more of the Sites, or continue to make purchases or provide us with content, then we still reserve the right to contact you about your account and to inform you about operational matters regarding the Sites.