Terms of service

OVERVIEW

Welcome to Noise Factory. The terms "we", "us" and "our" refer to Noise Factory. Noise Factory operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the "Services").

Noise Factory is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service ("Terms") govern your access to and use of the Services and apply to all users of the site, including without limitation users who are browsers, customers, contributors of content, or purchasers.

Please read these Terms carefully. They include important information regarding your legal rights, limitations of liability, and disclaimers of warranties.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.

SECTION 1ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your jurisdiction of residence or that you have provided consent for any minor dependents to use the Services under your supervision.

You may be required to provide accurate, current, and complete information including email, billing, and payment details. You represent and warrant that all information provided is truthful and that you have the legal right to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Accounts may not be transferred, sold, assigned, or licensed to any other person.

SECTION 2-PRODUCTS AND DIGITAL CONTENT

Noise Factory sells digital products including, but not limited to, sample packs, presets, audio files, and downloadable content.

We make reasonable efforts to accurately describe our products. However, we do not guarantee that product descriptions, previews, or representations will meet your expectations or be error free.

All products are provided digitally. No physical goods are shipped unless explicitly stated.

We reserve the right to modify, discontinue, or limit the availability of any product at any time without notice.

SECTION 3-LICENSE AND PERMITTED USE

When you purchase a Noise Factory digital product, you are granted a **non exclusive, non transferable license** to use the content for **personal and commercial music production** purposes.

You may use the content in original musical compositions, including commercial releases.

You may **not**:

  • Resell, redistribute, sublicense, or share the files as standalone content
  • Include the files in competing products, sample packs, or preset packs
  • Make the files available for download or use by third parties

Ownership of the original digital files remains with Noise Factory.

SECTION 4 ORDERS AND PAYMENT

Placing an order constitutes an offer to purchase. Orders are not accepted until payment has been successfully processed.

All sales are subject to our Return Policy.

Once a digital product has been delivered, orders cannot be canceled or refunded except as expressly stated in our Return Policy.

You represent that purchases are made for lawful use and not for unauthorized redistribution or resale.

SECTION 5-PRICING AND BILLING

Prices are subject to change without notice. The price charged is the price displayed at the time of purchase.

Prices do not include applicable taxes unless stated otherwise.

You agree to provide accurate payment information and authorize us to charge your selected payment method.

SECTION 6-DELIVERY OF DIGITAL PRODUCTS

Digital products are delivered electronically. Access is typically granted immediately upon successful payment.

Noise Factory is not responsible for delivery issues caused by incorrect email addresses, spam filtering, or technical issues beyond our control.

SECTION 7-INTELLECTUAL PROPERTY

All content available through the Services, including audio, text, graphics, logos, branding, and digital products, is owned by Noise Factory or its licensors and is protected by applicable intellectual property laws.

No rights are granted except as expressly stated in these Terms.

SECTION 8 OPTIONAL TOOLS AND THIRD PARTY SERVICES

The Services may include tools or integrations provided by third parties. These are provided "as is" without warranties.

Noise Factory is not responsible for third party services or their content.

SECTION 9 THIRD PARTY LINKS

We are not responsible for third party websites or content accessed through links on our site. Use of third party services is at your own risk.

SECTION 10 RELATIONSHIP WITH SHOPIFY

Noise Factory is powered by Shopify, Shopify is not responsible for any transactions between you and Noise Factory.

You expressly release Shopify from any claims arising from purchases made through the Services.

SECTION 11-PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy and Shopify's Privacy Policy.
By using the Services, you consent to the collection and processing of your information as described therein.

SECTION 12-FEEDBACK

Any feedback you submit may be used by Noise Factory without restriction or compensation.

You represent that you own or have rights to any feedback you provide.

SECTION 13 ERRORS AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions at any time without notice.

SECTION 14 PROHIBITED USES

You may not use the Services to engage in unlawful activity, infringe intellectual property, distribute malware, scrape content, or otherwise harm Noise Factory or its users.

Violations may result in immediate termination of access.

SECTION 15-TERMINATION

We may suspend or terminate access to the Services at any time for violations of these Terms.

Provisions relating to intellectual property, liability, and indemnification survive termination.

SECTION 16 DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

SECTION 17 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOISE FACTORY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM USE OF THE SERVICES OR PRODUCTS.

SECTION 18-INDEMNIFICATION

You agree to indemnify and hold harmless Noise Factory and its partners from claims arising from your misuse of the Services or violation of these Terms.

SECTION 19 SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain in full force.

SECTION 20-ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Noise Factory.

SECTION 21-ASSIGNMENT

You may not assign these Terms without our consent. We may assign these Terms freely.

SECTION 22 GOVERNING LAW

These Terms are governed by the laws of the jurisdiction in which Noise Factory operates, without regard to conflict of law principles.

SECTION 23 CHANGES TO TERMS

We reserve the right to update these Terms at any time. Continued use of the Services constitutes acceptance of changes,

SECTION 24CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at **noisefctry@gmail.com