Terms of Service

Welcome to XLR8 Audio!

These Terms of Service ("Terms") govern your access to and use of the products, services, and content provided by XLR8 Audio ("Company," "we," "us," or "our"), including but not limited to our website, digital content, software, sample packs, presets, and any related products or services (collectively referred to as the "Services"). By accessing or using the Services, you agree to be bound by these Terms, as well as any additional policies, terms, or conditions that apply to specific features or products.

If you do not agree to these Terms, you may not use the Services.

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1. Acceptance of Terms

By accessing, browsing, or using the Services, you confirm that you have read, understood, and agree to comply with these Terms. You also agree to comply with any applicable laws and regulations regarding your use of the Services. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. User Accounts

2.1 Account Creation: In order to access certain features of the Services, you may be required to create an account with XLR8 Audio. You agree to provide accurate, current, and complete information when creating an account and to update such information as necessary to ensure it remains accurate.

2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect unauthorized access to your account, you must notify us immediately.

3. Use of Services

3.1 Permitted Use: You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
To transmit or upload any harmful or unlawful content, including viruses, malware, or other harmful code.
To infringe upon the intellectual property or other rights of third parties.
To engage in activities that could harm the reputation or goodwill of XLR8 Audio.

3.2 Prohibited Use: You are expressly prohibited from:

Reselling, redistributing, sublicensing, or transferring any of the digital content or products provided through the Services without express permission from XLR8 Audio.
Using the Services to engage in spamming, phishing, or any other unlawful or fraudulent activity.

3.3 Content License: You are granted a non-exclusive, non-transferable license to use the digital content and products provided through the Services solely for personal, commercial, or educational purposes, subject to the restrictions outlined in our Copyright License Agreement.

4. Purchases and Payments

4.1 Pricing: Prices for products and services offered on the Services are subject to change at any time, but any such changes will not affect orders already placed. All prices are listed in USD, unless otherwise specified.

4.2 Payment: By making a purchase on the Services, you agree to pay all applicable fees and charges associated with your order. You are responsible for providing accurate payment information. If any payment is declined, you may not be able to access or use the Services.

4.3 Refunds: Due to the nature of digital products, all sales are final, and no refunds will be provided unless otherwise required by applicable law. If you experience any issues with the product you have purchased, please contact customer support to resolve the matter.

5. Intellectual Property Rights

5.1 Ownership: All content, materials, trademarks, logos, and intellectual property provided by XLR8 Audio are owned by XLR8 Audio or its licensors and are protected by copyright, trademark, and other intellectual property laws. You agree not to infringe upon these rights and to respect the intellectual property of others.

5.2 License to Use Content: When you purchase or download any content, you are granted a limited, non-exclusive, non-transferable license to use the content in accordance with our Copyright License Agreement. You may not resell, sublicense, or distribute the content without prior written permission from XLR8 Audio.

6. Termination

6.1 Termination by You: You may discontinue use of the Services at any time by deactivating your account and ceasing all use of the Services.

6.2 Termination by XLR8 Audio: We may suspend or terminate your access to the Services if we believe that you have violated these Terms or any applicable law, or for any other reason at our discretion. Upon termination, you must immediately cease using the Services and destroy all content downloaded from the Services.

7. Disclaimers and Limitations of Liability

7.1 No Warranty: The Services are provided "as-is" and "as available," without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

7.2 Limitation of Liability: To the maximum extent permitted by law, XLR8 Audio’s liability for any claims arising out of or related to your use of the Services shall be limited to the amount you paid for the specific product or service giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data.

8. Indemnification

You agree to indemnify, defend, and hold harmless XLR8 Audio and its affiliates, employees, agents, and licensors from any claims, damages, liabilities, or expenses (including reasonable attorneys' fees) arising out of your use of the Services, violation of these Terms, or infringement of any third-party rights.

9. Governing Law and Dispute Resolution

9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Utah, without regard to its conflict of law principles.

9.2 Dispute Resolution: Any dispute or claim arising from or relating to these Terms or the Services shall be resolved through binding arbitration in Salt Lake City, Utah, under the rules of the American Arbitration Association (AAA).

10. Changes to Terms

We may update or modify these Terms at any time, and any such changes will be effective immediately upon posting on the Services. You are encouraged to review these Terms periodically for any updates. Your continued use of the Services after the posting of changes constitutes your acceptance of the modified Terms.

11. Miscellaneous

11.1 Entire Agreement: These Terms constitute the entire agreement between you and XLR8 Audio with respect to the Services and supersede all prior agreements or understandings.

11.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Force Majeure: XLR8 Audio shall not be liable for any failure to perform under these Terms due to circumstances beyond its control, including but not limited to acts of nature, power outages, or technical failures.

12. Contact Us

If you have any questions or concerns about these Terms, please contact us at contact@xlr8audio.com