Welcome to RS Drums!
These are the terms and conditions for:
https://rsdrums.com
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website” refers to the RS Drums website, “we”, “us”, “our” and “RS Drums” refers to RS Drums and “you” “client” and “user” refers to you, the RS Drums user.
The following terms and conditions apply to the website and services offered by RS Drums. This includes the mobile and tablet versions as well as any other version of RS Drums accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM RS DRUMS.
Acceptance of Terms
This agreement sets forth legally binding terms for your use of RS Drums. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
Access to the website and purchase of products and services is available to all ages. It is up to parents or legal guardians to determine whether the content, products and services are appropriate for their children or minors in their care.
RS Drums may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
Notifications and Newsletter
By providing RS Drums with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, offers, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails regarding our services, offers, important news and special content.
Services and Projects
The user or client may request information about our services through the forms available on the website or may request information through our contact information. Our support team will be attentive and available to answer your questions and concerns.
The specifications, prices and scope of each project will be agreed between the client and RS Drums in the respective service contract. RS Drums may cancel any service and may change or discontinue the availability of services at any time at its sole discretion. The price of the services may vary and will be determined by the services contracted by the client or the total cost of each project.
Services will be paid through invoices created and sent by RS Drums based on the services contracted and rendered. The services may be paid through the means of payment available in RS Drums and included in the respective invoice for services. When processing a transaction, we will issue an electronic receipt that will be sent to the email address you provided to us at the time of contracting our services. The email and transaction receipt may be sent through the payment processor available at RS Drums.
If you find any inconsistency in your billing, please contact us through our contact details or you can make the claim through the client service of the relevant payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment information will be treated and stored securely and for the sole purpose of processing the purchase of services and payment for projects. RS Drums reserves the right to engage any payment processor available in the market, which processes your data for the sole purpose of processing the purchase of services and payment of projects.
Disclaimer
By purchasing or contracting the services of RS Drums, you agree that RS Drums does not guarantee any success or positive or negative outcome of the services provided by RS Drums. RS Drums is not responsible for any loss or benefit that may be suffered or obtained by our clients that are directly or indirectly related to the provision of our services. The client acknowledges that the ultimate success or failure of the services provided by RS Drums will be the result of each client’s particular situation beyond the control of RS Drums.
By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. You agree that RS Drums has not guaranteed the results of any actions taken, whether or not advised by this website or the content. RS Drums provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
Products
RS Drums offers the following products:
- Kontakt Instruments
- Drum Samples
- MIDI Groove Packs
- Plugins
All products appearing on this website are original creations of RS Drums and are protected by copyright and other intellectual property rights. No material included on this website may be copied, modified, reproduced, sold, downloaded, posted, published, transmitted, distributed or used for any purpose unless the product is purchased by the user. By purchasing and downloading the product the user acquires the license for personal and commercial use, with RS Drums retaining the moral rights (credit and acknowledgment as the author of the material). Any unauthorized attempt to modify any material contained on the website for any purpose other than intended is strictly prohibited and is a violation of RS Drums’s copyright and intellectual property rights.
By making a purchase of a product, you offer to purchase the product for the price advertised and indicated on the website at the time of purchase. Please verify product specifications before placing an order.
When a client makes a purchase of a product, RS Drums will send an email to confirm the purchase and payment. This confirmation email will occur automatically so that the user has confirmation of their purchase and order details. Upon completion of the payment process, the user will be able to download the material through the website.
Please note that due to the nature of our products (digital products), all purchases and downloads of our products are final and non-refundable.
RS Drums may change or discontinue the availability of products at any time at its sole discretion. This does not affect your statutory rights.
Payments (Products)
Products will be paid through the following payment methods:
- Credit/debit card (Visa, Master, Discover, Amex, Diners, etc.)
- PayPal
- Meta Pay
- Apple Pay
- Google Pay
- Shop Pay
Payments for products through the website will be processed through Shopify Payments. The client must pay the price of the product stipulated in the order before the product can be downloaded through the website. Payment will be charged to the client’s credit/debit card or PayPal account immediately after placing the order for the product(s) purchased. Once the transaction has been processed, we will send an electronic receipt of the transaction to the client’s email address.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the client service of the corresponding payment website.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. RS Drums reserves the right to contract any payment website available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
Copyright
All materials on RS Drums, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, audio, photographs, illustrations and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by RS Drums or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on RS Drums are made available for limited, non-commercial, personal use only, except for products purchased by the user, which are governed by the End User License Agreement. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without RS Drums prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize RS Drums or any part of the material for any purpose other than its intended purposes is strictly prohibited.
Copyright Infringement
RS Drums will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). RS Drums respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that RS Drums can find it on the website.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.
License to Use the Platform
RS Drums grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that RS Drums provides to you as part of some of our services and products (Software). This license is for the sole purpose of allowing you to use and enjoy the benefits of the services and products available through our services and website, in the manner permitted by these terms. You may not copy, modify, distribute, sell or rent any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or you have our written permission.
You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. You also agree not to engage in any conduct or action that may damage the image, interests or rights of the RS Drums platform or third parties.
RS Drums reserves the right to terminate the user’s access immediately, with or without notice, and without liability to the User, if RS Drums believes that the user has violated any of these terms or has interfered with the use of the platform or the service by others.
Personal Data
Any personal information you submit in connection with your use of the website and services will be used in accordance with our privacy policy. By engaging our services, you agree that we may collect, process and store your personal information in accordance with our privacy policy. Please see our privacy policy.
Prohibited Activities
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to RS Drums or licensed to the RS Drums by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by RS Drums in connection with the website.
- Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
- Download any content unless it’s expressly made available for download by RS Drums.
Disclaimer of Warranties
Because of the nature of the Internet RS Drums provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse RS Drums for any loss or damage caused as a result.
RS Drums shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, RS Drums excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to RS Drums and RS Drums shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from RS Drums.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
Indemnification
You agree to defend and indemnify RS Drums from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of services and products.
Changes and Termination
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RS Drums as a result of these terms or your use of the services.
Integration Clause
This agreement together with the privacy policy and any other legal notices published by RS Drums, shall constitute the entire agreement between you and RS Drums concerning and governs your use of the website and the services.
Disputes
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and RS Drums, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. RS Drums may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of the United States, specifically the courts located in the State of (Maryland), shall have jurisdiction over any dispute, controversy or claim relating to RS Drums and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (Maryland).
Notwithstanding the foregoing, any dispute arising under the End User License Agreement shall be resolved as provided in that agreement.
Final Provisions
These terms and conditions are governed by United States law. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
Contact Information
If you have questions or concerns about these terms, please contact us through our contact forms, or by using the contact information below:
RS Drums.
sales@rsdrums.com
