License Agreement

The following license is granted non-exclusively to all purchasers of our products. This version (updated December 4, 2014) supersedes any prior printed or digital versions of our license.

Overview

All sound recordings, performances, scripting and/or code contained in this product is the intellectual property of Impact Soundworks unless otherwise noted, and remain the property of Impact Soundworks after the product is purchased. When purchasing an Impact Soundworks product (the “Product”), you are purchasing a non-exclusive license to use, edit, perform, or otherwise utilize these recordings, performances, scripting and/or code for commercial and non-commercial purposes as defined below.

Authorized Users

Depending on the type of customer and usage scenario, authorized users of this license will vary. ALL purchases fall into category A or B.

A. Individual Purchase

This license is extended to customers who are purchasing as the primary user of the Product, OR are purchasing on the behalf of another primary user (i.e. as a gift).

The licensee (primary user) MAY install the Product on as many computer systems as he or she has has access to. However, ONLY the licensee may use the Product. No other users are authorized.

B. Corporate, Academic, Institutional Purchase

This license is extended to customers who are purchasing for a multi-user setting, such as a shared studio, networked workstation, computer lab, etc. In this case, the licensee is the institution and not any one user. In contrast with individual purchases, an institutional license applies to ONE computer / workstation. All users of that workstation who belong to the purchasing institution (licensee) shall be considered authorized users. However, at no point may multiple authorized users access one license simultaneously. Multiple licenses must be purchased if the Product is to be used by multiple users simultaneously.

Scope of License

The licensee is entitled to the use and unlimited editing of the Product within the scope of music production, performance, recording, and composition. This includes both non-commercial and commercial usage of all types, including, but not limited to, film scores, television scores, music libraries, video game soundtracks, digital and physical music releases, albums, compilations, etc.

The licensee is entitled to distribute, sub-license, sell, stream, edit, monetize, or otherwise utilize any music created with the Product.

Exceptions to this scope are listed below.

The licensee MAY NOT use the Product in the production of any other sample library or virtual instrument products.

The licensee MAY NOT sell individual sounds from the Product in any audio marketplace (e.g. stock audio websites, sound effect libraries, etc.)

For clarity: The licensee MAY use sounds from the Product to create individual sound effects (SFX) for use in film, TV, advertising, and video games. The limitation is strictly on selling individual sounds in a marketplace, SFX library, or similar.

Ownership, Resale and Transfer

Redistributing, reselling, electronically transmitting, uploading, sharing, or renting the Product in any way, shape, or form is prohibited by law. The licensee may create a physical backup copy of any digitally purchased and downloaded Product. This backup copy is subject to the same limitations as the original copy of the Product, and may not be transferred to any other individual for any reason.

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Text Message / SMS Marketing

U.S. customers may consent, via OPT-IN, to marketing communications via SMS. You will NOT automatically receive SMS communications by providing a phone number on your checkout page, and you may halt such messages by replying with ‘STOP’. Message and data rates may apply.

The Impact Soundworks mobile message service (the “Service”) is operated by Impact Soundworks (“Impact Soundworks”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Impact Soundworks’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Impact Soundworks through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Impact Soundworks. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18778391430 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Impact Soundworks mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18778391430 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please read the section below.

Privacy and Data Policy

Impact Soundworks LLC collects and retains data provided by you (the customer) for the sole purpose of delivering your digital goods (purchases). We collect and store the following data on our web server.

Email Address
Your email address is required so we have a place to deliver the links to your purchases.

Purchase History
We maintain a record of all your purchases: what date the purchase was made, what items were ordered, how much was paid, payment method (but NOT payment info), and IP address used to make the purchase. This data is necessary for our ecommerce system to fulfill orders, and to allow us to send updates, process refunds, or transfer purchases from one account to another.

Mailing Address
A mailing address is only required and stored if you order your purchases on a physical USB drive. The mailing address is then retained in your user account, indicating where we sent the package.

Phone Number
You may choose to provide a phone number with your orders. If you do so, your phone number will be stored on our server.

Forms on this website are protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Payment Data Is NOT Collected or Retained by Impact Soundworks

Payment processing for our store is exclusively processed through PayPal, regardless of whether you are paying via a PayPal account, credit card, or debit card. We do not collect, process, or retain your payment data. It does not exist on nor pass through our web server. We have NO access whatsoever to your payment account information.

Username and Password

Your user account typically uses your email address as your username, and a password of your own choosing. Password data is encrypted in our database and cannot be accessed (only reset). For security, it is always best to use a different password for every website you use.

Data Privacy

Impact Soundworks ONLY shares retained data with our licensed contractors on an “as needed” basis. We do not use subcontractors. Contractors with access to retained data include only the following:

• Customer support representatives, who may look up order information in order to answer questions about a purchase
• Accountants and bookkeepers, who aggregate order information to produce records for accounting and tax reporting purposes
• Web developers, who necessarily have access to our order and user database to perform upgrades and maintenance

These contractors are not permitted to share your data with any other parties. Your data is used by these contractors ONLY as necessary to complete the job functions above. Aside from these contractors, Impact Soundworks also does NOT share retained data with any other entities or individuals.

Data Security

Your data is stored in our database, which is owned and operated by Kinsta, a USA-based web hosting company. Our website is encrypted over secure HTTPS with an SSL certificate, and all payment information is handled securely by our payment processor, PayPal.

Cookies and Tracking Information

We use cookies on our site to save your login status. While logged into our site, you can access your account info, download previous purchases and updates, etc. Cookies are also used to keep track of what items you have added to your shopping cart. This information may be used to determine when to send abandoned cart reminder emails or SMS messages (if opted-in to SMS messaging.)

We use Google Analytics to monitor anonymized traffic information about how visitors arrive to our website, and what behaviors or actions take place on our website. We do not track actions outside of our own website.

We send some non-transactional emails using the Klaviyo email marketing platform. The following customer information is stored by Klaviyo: email addresses, subscription status, name, address, purchase history, and email interaction history (i.e. which emails have been received, opened, or clicked.) In order for email interaction history to be recorded, Klaviyo adds a one-time tracking redirect in our email URLs. The purpose of this tracking redirect is solely to record what link was clicked on, and this behavior is stored by Klaviyo under our full control.

Lastly, we use a “Facebook pixel” on our order completion page. This sends anonymized data to our Facebook business account indicating that a purchase was made. This data allows us to understand whether a purchase was made by clicking on one of our Facebook ads. The data sent to Facebook is anonymous and does not include personal or payment information.

Use of Email Address

If you are on our mailing list (hosted by Klaviyo), we may periodically email you with announcements of new product releases, blog posts, sales, discounts, or offers, and product updates. You may unsubscribe from the mailing list at any time, although in doing so, you will no longer receive emails regarding updates to products you have purchased.

Your Rights

At any time, you may log in to your User Account to view all your information stored on our server. What you see in this area (email, physical address if any, purchase history) is the entirety of the data we store.

You may also email us at [email protected], or using our Contact Form, and we can provide the raw data above as it is exported from our eCommerce platform (WooCommerce). Please allow up to 3 full business days for us to process these requests.

You may also at any time request that we remove your user data from our store. Please keep in mind that by doing so, you will be unable to view or re-download your previous purchases, and you will lose access to any past or future discounts associated with your previous user data.