Terms of service

OVERVIEW

Welcome to Camco Drum Samples. The terms “we”, “us” and “our” refer to Camco Drum Samples. Camco Drum Samples operates this website and store, including all related information, content, features, tools, products, and services made available to you (the “Services”).

These Terms of Service, together with any policies referenced herein, describe the terms and conditions that apply to your use of our Services and your purchase, download, and use of our digital products, including drum sample packs and other downloadable audio content (the “Products”).

By visiting, using, purchasing from, downloading from, or otherwise interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any minor dependents to use the Services on devices you own or control.

To access certain features of the Services or purchase Products, you may be asked to provide information including your name, email address, billing details, and payment information. You agree that all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, assign, sell, or otherwise share your account with any other person.

SECTION 2 - OUR PRODUCTS

Camco Drum Samples sells digital audio products, including royalty-free drum samples and related downloadable content.

All Products are delivered digitally. No physical goods will be shipped unless explicitly stated otherwise.

We make every effort to accurately describe and present our Products. However, we do not guarantee that the Products will meet your personal preferences, creative expectations, or specific production needs.

All product descriptions, pricing, and availability are subject to change at any time without notice. We reserve the right to modify or discontinue any Product at our sole discretion.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase a Product. We reserve the right to accept or reject any order at our discretion.

Your order is not accepted until payment has been successfully processed and we make the Product available to you for download or access.

Please review your order carefully before completing your purchase. Because our Products are digital and delivered immediately, orders generally cannot be canceled once completed.

Your purchase is also subject to our Refund Policy.

You agree that your purchase is for your own lawful use and not for unauthorized redistribution, resale, or repackaging.

SECTION 4 - PRICES AND BILLING

Prices for our Products are subject to change without notice. The price charged will be the price displayed at the time your order is submitted.

You agree to provide current, complete, and accurate billing and payment information for all purchases made through the Services. You authorize us to charge your selected payment method for the full amount of your purchase, including any applicable taxes or fees.

If we suspect fraudulent, unauthorized, or unlawful activity, we reserve the right to refuse or cancel the order.

SECTION 5 - DELIVERY

All Products are delivered digitally. Delivery is typically made by download link, account access, email, or another electronic method.

We are not responsible for delays or failures in delivery caused by incorrect email addresses, spam filters, technical issues outside our control, or failures of third-party service providers.

It is your responsibility to download and store your purchased Products promptly after delivery.

SECTION 6 - LICENSE TO USE PRODUCTS

Upon purchase of a Product, Camco Drum Samples grants you a non-exclusive, royalty-free, perpetual, worldwide, non-transferable license to use the Product in your own musical, audio, and multimedia productions.

This license allows you to use the Products in commercial and non-commercial projects, including but not limited to songs, beats, recordings, performances, broadcasts, sync projects, podcasts, videos, and other creative works.

This license does not transfer ownership of the Product to you. You are purchasing a license to use the Product, not ownership of the Product itself.

SECTION 7 - RESTRICTIONS ON USE

You may not, and may not allow others to:

  • resell, redistribute, share, sublicense, transfer, gift, or otherwise make the Products available to any third party, whether for free or for payment;
  • upload the Products to any file-sharing platform, sample marketplace, subscription library, torrent site, or public or private database;
  • use the Products to create, reproduce, distribute, or sell any standalone sample pack, drum kit, sound library, loop pack, virtual instrument, preset pack, or similar competing product;
  • claim the raw Products as your own original recordings or sounds;
  • use the Products in any way that violates applicable law or infringes the rights of any third party.

You may use the Products within your own original compositions and productions, but you may not distribute the raw files themselves, whether modified or unmodified, except as embedded within a larger original work.

SECTION 8 - OWNERSHIP AND INTELLECTUAL PROPERTY

All Products, Services, and content made available through the Services, including but not limited to audio files, sample recordings, logos, branding, graphics, text, design, and other materials, are owned by Camco Drum Samples or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Nothing in these Terms gives you any ownership rights in the Products or Services other than the limited license expressly granted above.

Camco Drum Samples and all related names, logos, product names, and designs are the property of Camco Drum Samples. You may not use them without prior written permission.

SECTION 9 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to third-party tools, platforms, payment processors, hosting services, or apps in connection with the Services. We do not control these third-party services and are not responsible for their availability, performance, content, or terms.

Your use of any third-party tools or services is at your own risk and may be subject to separate third-party terms and policies.

SECTION 10 - THIRD-PARTY LINKS

The Services may contain links to third-party websites or services. We are not responsible for examining or evaluating the content, accuracy, or practices of any third-party websites.

If you choose to access third-party websites, you do so at your own risk.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

Camco Drum Samples is powered by Shopify, which enables us to operate our online store and provide the Services to you. However, all sales and purchases made through our store are made directly with Camco Drum Samples, not with Shopify.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and Camco Drum Samples, including any claim, loss, or damage arising from Products purchased through our store.

SECTION 12 - PRIVACY

Your submission of personal information through the Services is governed by our Privacy Policy.

By using the Services, you acknowledge that certain information may also be processed by Shopify and other service providers as necessary to operate the store, process payments, and deliver Products.

SECTION 13 - FEEDBACK AND USER SUBMISSIONS

If you send us suggestions, ideas, reviews, testimonials, comments, or other feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, publish, display, edit, and distribute that feedback for any lawful purpose, including marketing and promotional purposes.

You represent that any feedback you provide is accurate and does not violate the rights of any third party.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or other matters.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 15 - PROHIBITED USES

You may not use the Services or Products:

  • for any unlawful purpose;
  • to violate any applicable laws or regulations;
  • to infringe our intellectual property rights or the rights of others;
  • to distribute malware, viruses, or malicious code;
  • to scrape, copy, harvest, or extract data from the Services through automated or manual means;
  • to interfere with or circumvent security features of the Services;
  • to impersonate another person or entity;
  • to misuse the Products in a way that competes with, harms, or undermines our business.

We reserve the right to suspend or terminate your access to the Services if we believe you have violated these Terms.

SECTION 16 - TERMINATION

We may terminate or suspend your access to the Services at any time, without notice, if we believe you have violated these Terms.

Upon termination, the license granted to you may also be terminated if your violation involves unauthorized sharing, resale, redistribution, or misuse of the Products.

The provisions of these Terms that by their nature should survive termination will survive, including but not limited to ownership, intellectual property, disclaimers, limitations of liability, indemnification, governing law, and enforcement provisions.

SECTION 17 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, CAMCO DRUM SAMPLES DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR BE COMPATIBLE WITH every system, DAW, sampler, plugin, workflow, or device.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CAMCO DRUM SAMPLES, ITS OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS.

IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

SECTION 19 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Camco Drum Samples and its owners, affiliates, partners, service providers, and licensors from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  1. your breach of these Terms;
  2. your misuse of the Services or Products;
  3. your violation of any law or the rights of a third party; or
  4. any content, project, or work created, distributed, or exploited by you using the Products.

SECTION 20 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies posted on the site, constitute the entire agreement between you and Camco Drum Samples regarding the Services and Products and supersede all prior or contemporaneous communications and proposals.

SECTION 22 - ASSIGNMENT

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms at any time without notice.

SECTION 23 - GOVERNING LAW

These Terms of Service and any dispute arising out of or relating to these Terms, the Services, or the Products shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in New York, and you consent to the jurisdiction of those courts.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to this page.

It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes are posted constitutes your acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Camco Drum Samples
info@tonesstudios.com
1326 Winton Road N
Rochester, New York 14610
(585) 204-0155