By placing an order with drum-tracks.com and/or DRUM TRACKS by Jim McCarty, LLC (hereafter referred to as "Seller"), you, the purchaser (hereafter referred to as "Buyer") agree to be bound by the following policies, terms and conditions:

A portion of the purchase price paid by the Buyer includes licensing fees paid by the Seller to the publisher(s) and/or other copyright holder(s) as required by law. Without limitation, Seller’s license, and/or Buyer’s purchase of product from or through this site, grants NO authority to the Buyer to use such product for any commercial purpose and/or in any manner that violates, conflicts with and/or infringes upon any copyright or other intellectual property right, or any rights of privacy or rights of publicity of any person or entity. All of the content, media and files made available by the Seller are protected by U.S. and International copyright and are therefore subject to applicable copyright, trademark and other laws governing the control and use of intellectual property.

The Buyer agrees to keep intact all applicable copyright, trademark or other proprietary notices or marks. Purchased products (including, without limitation, product(s) produced and/or recorded as a result of one or more Buyer's suggestions and/or requests) are authorized only for personal use by the Buyer and may not be given away, duplicated, published, distributed or stored on an information retrieval system.

Buyer agrees not to sell, broadcast, transmit, create derivative works, ”file share" or make any other unauthorized and/or unlawful use of any of the content of drum-tracks.com or products purchased from Seller unless Buyer first acquires the expressed written permission of Seller as well as any licenses and/or permissions from applicable third parties as required by law.

Product(s) purchased by Buyer from Seller shall be used only as expressly permitted by this Agreement and any and all other use(s) shall be considered unauthorized. Unauthorized use(s) may require additional licenses and/or permissions - the acquisition of such being solely the obligation of the Buyer. Seller, its officers, directors, employees, affiliates, licensees, subsidiaries, agents, and/or representatives, shall not be liable for Buyer's unauthorized use(s).

No warranty of any kind is expressed or implied by the Seller. Seller shall not be liable for any damages arising from the use of this site or products sold through it including, but not limited to costs of substitute goods and/or services, direct, indirect, incidental, consequential, special, and/or other damages. Nor shall Seller be liable for damages due to unauthorized access or transmission alterations. Buyer waives any and all claims against Seller and its divisions, subsidiaries, partners, licensors or agents arising from any use of this site or products available through it.

Without limiting any of the Policies, Terms and Conditions contained herein, Buyer agrees to indemnify and hold Seller, its subsidiaries, affiliates, representatives, directors, officers, shareholders, employees and/or agents harmless from and against, and shall pay and reimburse Seller in connection with, any and all actions, suits, proceedings, judgments, demands, claims, liabilities, losses or expenses whatsoever (including attorney’s and professional’s fees and expenses) incurred in connection with or resulting or arising from (i) Buyer’s purchase of Product or Services, (ii) the conduct of Buyer including Buyer’s subsidiaries, affiliates, representatives, directors, officers, shareholders, employees and/or agents; (iii) any injuries to any person or property arising in connection with this Agreement or any sale hereunder, (iv) any and all taxes, (iv) any violation by the Buyer of any international, federal, state or local, law, regulation or ordinance; or (v) Buyer’s use of any information or materials sold by or otherwise received from Seller, including, without limitation, any claim in respect of infringement of any copyright, patent, trademark, trade secret, logo,
design or any other intellectual property right of any party.

Seller explicitly reserves the right to change, modify or discontinue any or all products and/or services with or without notice, and may modify this Agreement at any time with or without notification.

Any violation by the Buyer of these Policies, Terms and Conditions or of the intellectual property or other rights of rights holders of the material provided by and through this site, whether or not named herein, may result in legal action against the Buyer by any and and/or all such rights holder(s) to the full extent provided by law.

By choosing "Submit" for orders placed on the webform, you certify that you have read, understand, and agree to this User Agreement.

Buyer’s use of products provided by Seller shall constitute acceptance of these policies, terms and conditions.

“Bookmarking” to a page on this server/site whereby this intro/user agreement page is by-passed shall constitute an implicit acceptance of the previous terms herein set forth.