DIGITAL PRODUCTS TERMS AND CONDITIONS
This Agreement contains the terms and conditions applicable to the use of any Ritual Sound Products by you. Before completing a purchase of any Product, you must agree to the terms and conditions of this Agreement.
1.1 Unless the context requires otherwise, the following definitions shall apply:
Agreement means this agreement between you and Ritual Sound;
Price means the amount to be paid by you to Ritual Sound for the Product as quoted to You at the time you place an order;
Products means any digital files which you purchase from the Ritual Sound website (at present these are limited to digital Kemper Profile files)
2. USE OF THE PRODUCTS
2.1 When you purchase a product(s) from the Ritual Sound website, you will be entitled to a royalty free, non-exclusive, non-transferable, non-sublicensable licence to use, download and store the product(s). You acknowledge that you have purchased a licence to use the product(s), and that the grant of this licence does not constitute a transfer of ownership.
2.2 You may not, unless otherwise expressly permitted:
2.2.1 sell, sub-licence, distribute, copy, transfer, or otherwise make available any product and/or its content to any other person;
2.3 Your rights under this Agreement may be revoked if you fail to comply with any of the terms of this Agreement, and upon notice of revocation you shall immediately:
2.3.1 cease to use the Product and its content; and
2.3.2 destroy all copies of the Product.
2.4 You agree to indemnify Ritual Sound against any and all liability arising from your unauthorised use of any Product provided to You.
2.5 You agree that you understand that in order to use the digital Kemper Profile products you will need to use a Kemper Profiling Amp which is running firmware 7.0 or above.
3.1 Ritual Sound shall send you an invoice as soon as reasonably practicable after your purchase of any Products. This will be sent to the e-mail you provided at the point of purchase.
3.2 Ritual Sound is not VAT registered, so no VAT is charged on any product.
4. RITUAL SOUND’S OBLIGATIONS
4.1 Upon receipt of your order Ritual Sound shall issue a link to download the product(s) you have purchased.
4.2 Ritual Sound is not under any obligation to provide maintenance or support for any Product or its content.
4.3 By purchasing a product from the Ritual Sound website, you agree that Ritual Sound provides you immediate access to digital content as soon as you complete your purchase, without waiting the 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from the purchase and Ritual Sound is under no obligation to refund the product(s).
5. DATA PROTECTION
6.1 Nothing in this Agreement shall limit a party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot by law be limited.
6.2 Ritual Sound shall not be liable to you for any indirect, special, incidental and/or consequential loss and/or damage incurred by you in connection with your use of any Product.
7.1 Ritual Sound may terminate this Agreement at any time where:
7.1.1 You breach any material term of it, or
7.1.2 Ritual Sound has reasonable grounds to believe that the performance of it may be unlawful or cause Ritual Sound and/or you to breach any legal, regulatory or professional requirement.
8. GOVERNING LAW AND JURISDICTION
8.1 This Agreement and any dispute arising out of or in connection with it (whether contractual or non-contractual) shall be governed by the laws of England and Wales, and any dispute arising out of or in relation to this Agreement (whether contractual or non-contractual) shall be subject to the exclusive jurisdiction of the Courts of England.
9.1 This Agreement constitutes the entire agreement between Ritual Sound and You in relation to any products this Agreement supersedes all previous discussions, correspondence, negotiations, understandings or agreements entered into by us in relation to any products.
9.2 This Agreement does not grant any rights under the Contracts (Rights of Third Parties) Act 1999 to any third party to enforce any term of this Agreement.
9.3 In the event that any provision of this Agreement is deemed to be invalid or unenforceable, it shall be severed from the Agreement and shall not affect the validity and enforceability of any other term in this Agreement.
9.4 No failure by Ritual Sound to exercise any right under this Agreement or to take action against You in the event of a breach of this Agreement shall constitute a waiver of such right or any other rights under this Agreement.
9.5 All the amplifier brand names used are trademarked by their respective owners and are in no way affiliated with Ritual Sound. The profiles sold by Ritual Sound are merely a recreation of the amplifier and cabinet listed and any use of the brand name is purely for comparative and descriptive purposes.
10. OUR DETAILS
10.1 Ritual Sound is a Partnership carried on by Adam Hatton and Samuel Turbitt.
10.2 Our principal place of business is at 6 Celandine Close, Darlington, DL1 3AH.
10.3 You can contact us:
(a) by post, to the postal address given above;
(b) by email, using firstname.lastname@example.org