Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. 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 and conditions are considered an offer by Maschine Packs, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Due to the digital nature of our products we do not offer returns or refunds, please be sure you understand exactly what you are purchasing before you buy any products from MaschinePacks.com
Copyright Infringement and DMCA Policy
As Maschine Packs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MaschinePacks.com violates your copyright, you are encouraged to notify Maschine Packs in accordance with Maschine Packs’ Digital Millennium Copyright Act (“DMCA”) Policy. Maschine Packs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Maschine Packs will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Maschine Packs or others. In the case of such termination, Maschine Packs will have no obligation to provide a refund of any amounts previously paid to Maschine Packs.
This Agreement does not transfer from Maschine Packs to you any Maschine Packs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Maschine Packs. Maschine Packs, MaschinePacks.com, the MaschinePacks.com logo, and all other trademarks, service marks, graphics and logos used in connection with MaschinePacks.com, or the Website are trademarks or registered trademarks of Maschine Packs or Maschine Packs’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Maschine Packs or third-party trademarks.
Resale and/or Distribution
You are not allowed to resale, re-license, loan, copy, assign, rent, upload, download or distribute files purchased from Maschine Packs. These files are also not to be included in any other product without prior written consent from Maschine Packs/Sounds and Gear LLC
Maschine Packs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Maschine Packs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Maschine Packs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MaschinePacks.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Maschine Packs if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Maschine Packs’ notice to you thereof; provided that, Maschine Packs can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Maschine Packs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Maschine Packs nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Maschine Packs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Maschine Packs under this agreement during the twelve (12) month period prior to the cause of action. Maschine Packs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Maschine Packs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Maschine Packs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Maschine Packs, or by the posting by Maschine Packs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kansas, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Shawnee County, Kansas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Topeka, Kansas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent.
Like most website operators, Maschine Packs collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Maschine Packs’ purpose in collecting non-personally identifying information is to better understand how Maschine Packs’ visitors use its website. From time to time, Maschine Packs may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Gathering of Personally-Identifying Information
Certain visitors to Maschine Packs’ websites choose to interact with Maschine Packs in ways that require Maschine Packs to gather personally-identifying information. The amount and type of information that Maschine Packs gathers depends on the nature of the interaction. For example, we ask visitors who sign up at MaschinePacks.com to provide a username and email address. Those who engage in transactions with Maschine Packs are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Maschine Packs collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Maschine Packs. Maschine Packs does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Sharing and Usage
We will never share, sell, or rent individual personal information with anyone for their promotional use without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.
Like many other Web sites, maschinepacks.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Cookies and Web Beacons
If Maschine Packs, or substantially all of its assets, were acquired, or in the unlikely event that Maschine Packs goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Maschine Packs may continue to use your personal information as set forth in this policy.