Terms and Conditions
Agreement between User and Buffaloops LLC
Welcome to https://www.buffaloops.com. The https://www.buffaloops.com website (the “Site”) is comprised of various web pages operated by Buffaloops.
https://www.buffaloops.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.buffaloops.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.buffaloops.com is an E-Commerce Site.
Buffaloops is an e-commerce site providing professionally produced music loops, samples, and drum kits to producers, recording artists, hobbyists, or others interested in music production.
Privacy
Your use of https://www.buffaloops.com is subject to Buffaloops’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://www.buffaloops.com or sending emails to Buffaloops constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Buffaloops is not responsible for third party access to your account that results from theft or misappropriation of your account. Buffaloops and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
Buffaloops does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use https://www.buffaloops.com only with the permission of a parent or guardian.
Cancellation/Refund Policy
If you are not satisfied with your purchase from Buffaloops, please contact us. If we can not rectify your concerns, we will issue a full refund if requested within 15 days of the purchase price. Some items, such as certain sale items, might be “final sale”, meaning no refund is possible. If this is the case, you will be informed of this upon checkout.
Items purchased through third-party websites, whether Buffaloops affiliates or not, will be subject to the respective returns and/or cancellation policy of that website.
Links to Third Party Sites/Third Party Services
https://www.buffaloops.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Buffaloops and Buffaloops is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Buffaloops is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Buffaloops of the site or any association with its operators.
Some Linked Sites may be paid advertisement and/or under affiliate agreement with Buffaloops, and Buffaloops may receive compensation for services purchased on said Linked Sites. The purpose of this is to provide quality product recommendations to our users, and we will only endorse third-party Linked Sites that we have personally used, trust, and wholly recommend.
Certain services made available via https://www.buffaloops.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the https://www.buffaloops.com domain, you hereby acknowledge and consent that Buffaloops may share such information and data with any third party with whom Buffaloops has a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.buffaloops.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.buffaloops.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Buffaloops that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Buffaloops or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Buffaloops content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Buffaloops and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Buffaloops or our licensors except as expressly authorized by these Terms.
Music License Agreement – 100% Royalty-Free
This Music License Agreement (this “Agreement”) is made effective as of the purchase date of Buffaloops Project Files. In the Agreement, the party who is granting the right to use the licensed property will be referred to as “Copyright Owner”, and the party who is receiving the right to use the licensed property will be referred to as “Licensee”. WHEREAS, the Copyright Owner owns the copyright, publishing rights, and all other related rights in and to certain Music, and WHEREAS, the Licensee desires to obtain certain rights to the Music for using it Buffaloops samples, loops, and drum kits are 100% royalty-free. They may be used in tracks, records, or other musical productions, and those musical compositions may be sold for a profit at the Licensee’s discretion. Using the samples, presets, loops, rhythms, melodies, etc. included in the project files is also permitted in the creation of musical compositions. However, redistribution and repackaging of Buffaloops samples, loops, or drum kits are strictly prohibited. Rendering the project files and releasing the exact songs as your own original content is prohibited. Distributing unmodified Buffaloops drum kits, loops, samples, melodies, rhythms, and other project files as your own work to others for money or for free is strictly prohibited. GRANT OF LICENSE. Buffaloops owns Drum kits, drum hits, samples, loops, melodies, rhythms, presets, and other project files. (“Project files”). In accordance with this Agreement, the Copyright Owner hereby grants to the Licensee the right, license, and privilege to use the Music in musical compositions, but Buffaloops retains title and ownership of the original Project files. The Licensee shall have the right to record and rerecord using the Project Files, and to reproduce, distribute, import, and sell said product on CD-ROM or CD-I, or electronically, and no royalties will be required to be paid to Buffaloops by the Licensee. RIGHTS AND OBLIGATIONS. Copyright Owner reserves unto itself all rights of every kind and nature except those specifically granted to Licensee herein. The Licensee shall be solely responsible for providing all funding and technical expertise for the recording and synchronization of the music and shall be the sole owner of the product in which the Music is used and all proprietary rights in and to it; except, such ownership shall not include ownership of the copyrights and/or publishing rights in and to the Music or any other rights to the Music not specifically granted. The Licensee is not required to identify the Copyright Owner as the owner of the Project Files on the packaging or promotional literature or advertisements for its product. WARRANTIES. Neither party makes any warranties with respect to the use, sale, or other transfer of the Project files by the other party or by any third party, and Licensee accepts the product “AS IS.” In no event will Buffaloops be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Project Files. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of North Carolina.
International Users
The Service is controlled, operated, and administered by Buffaloops from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Buffaloops Content accessed through https://www.buffaloops.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Buffaloops, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Buffaloops reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Buffaloops in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Buffaloops agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUFFALOOPS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BUFFALOOPS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUFFALOOPS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUFFALOOPS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUFFALOOPS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Buffaloops reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Buffaloops as a result of this agreement or use of the Site. Buffaloops’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Buffaloops’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Buffaloops with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Buffaloops with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Buffaloops with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Buffaloops reserves the right, in its sole discretion, to change the Terms under which https://www.buffaloops.com is offered. The most current version of the Terms will supersede all previous versions. Buffaloops encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Buffaloops welcomes your questions or comments regarding the Terms:
Email Address:
info@buffaloops.com
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Effective as of February 13, 2021
