Terms & Conditions

Terms & Conditions 

By using this website, which includes any affiliated websites and mobile applications (the “Website”), you are entering into an agreement with DustyNotes (sometimes also referred to as “we”, “us” or “our”) and hereby agree to the terms & conditions set out herein (the “Terms”). We may modify these Terms at any time (without notice to you) by posting revised Terms on the Website. You are responsible for regularly reviewing these Terms for any changes or updates to these Terms, the Website or any offerings through the Website. 

About DustyNotes

DustyNotes is a music production company. We create music compositions for producers to sample that are hassle-free on the clearance side. We sell downloadable products in the form of digital audio recordings, music . The available Products offered on the Website may be updated or changed at any time at DustyNotes's sole discretion. 

DustyNotes is created by Emrick Andrianarivony. We are registered in France and have our registered office at 19, street of Serrigny, 21000 Dijon under the SIRET number 91087300900013. You can contact us by email at : dustynotesmusiclibrary@gmail.com

DustyNotes is hosted by Shopify Inc. Legal Department 151 O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8 - Phone number : 613 241-2828

Security and Registration

You do not have to be registered with DustyNotes to view the Website, but to purchase the Products  you must provide certain information, including your name, billing address and valid email address. Once these are provided, they will be kept on file by DustyNotes. This information will be used by DustyNotes as outlined in the 'Privacy Policy'. We may immediately terminate or suspend your use of the Website or the Products and this agreement at anytime, particularly if you breach or otherwise fail to comply with these Terms.

Payment and Downloading Products

Payment is taken on behalf of DustyNotes by PayPal, Apple Pay, Credit Card, Amex and Shop Pay. After payment for the Products, you will be taken to a page where you can download your purchased. You will also receive a download link by email.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time

Returns/Refund Policy

Once downloaded, the products purchased by you from DustyNotes are non-refundable.
If you experience any problem, please get in contact with us at info@dustynotes.com and we will work to solve the problem. 

‍Intellectual Property Rights

All right, title, and interest in and to the Website, DustyNotes logos, designs, and trademarks are and will remain our exclusive property (collectively, “Intellectual Property Rights”). You will not use the Intellectual Property Rights for any purpose (or anything that is confusingly similar to the Intellectual Property Rights) without the express authorization to do so from DustyNotes. Dusty Notes Sample Packs / Vocal Packs /Drum Kits may not be used to create and sell new Sound Packs (Even if you modify the samples)

Privacy Policy

To provide you with the Products you have selected, it is essential for DustyNotes to store your personal information. This information will be used by us and our service providers or other third party partners to allow for faster purchasing and the allocation of discount coupons, and will not be passed on to any third parties other than those who assist DustyNotes in providing the Products to you. No promotional information from DustyNotes or any third parties will be sent to the email address provided, except the DustyNotes newsletter if you subscribe to it, which you can unsubscribe  at any time using the link at the bottom of the email.  

When you enter the Website you will be issued with a cookie, which is a small text file transferred from the Website to your hard drive, and is used to allow the audio player to function smoothly when browsing the Website, as well as record areas of the Website that you visit. This helps us to provide the best browsing experience for our customers and we don't collect any other information than that outlined above and that you enter on the Website. 
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.This Website complies with the Data Protection with the GDPR. If you are a European resident, you have the right to access the personal information we hold about you and to request that your personal information be corrected, updated or deleted. If you wish to exercise this right, please contact us. In addition, if you are a European resident, we note that we process your information in order to fulfill any orders through the Site that we may have with you.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Contribution License

You and DustyNotes agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).‍
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Third Party Sites

The WebSite may contain (or you may be sent via the WebSite or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites

 Disclaimer, Waiver and Indemnity

While DustyNotes will take reasonable steps to ensure that the Website and our Products are free from uncleared or unauthorized samples, free from materials that infringe copyright, and free from any viruses, trojans, malware, spyware, harmful software, data theft, or any unauthorized malicious activity, DustyNotes makes no guarantees on this subject and will not be held liable for any losses, judgements, claims, legal fees, or court costs resulting from this.Your use of the Website and any Products is at your sole risk, and the Products on our Website are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. In addition, DustyNotes does not warrant that our Products will be uninterrupted, timely, secure, or error-free. You hereby agree to indemnify, defend and hold us and all of our officers, directors, owners, employees, affiliated parties, suppliers, and licensors (collectively referred to as the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim, including but not limited to, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of your use of the Website, the Products , use of third party sites, your violation of these Terms, your violation of the rights of any other person or entity, and any use or alleged use of your account by any person, whether or not authorized by you.