Emergent Drums

AUDIALABEVERYTHING UP TO 50% OFF FOR A LIMITED TIME! Learn moreInterloperNewAs featured inAUDIALAB EVERYTHINGGet access to all of our groundbreaking products with a one-time purchaseLearn moreAUDIALABInterested in becoming an Audialab affiliate? Click here to get started. Emergent Drums, Humanize, Deep Sampler, and Infinite Packs are products of Audialab. Please contact us with any questions or suggestions: info@audialab.comPrivacy policyEnd user license agreementGet the latest updates on Emergent Drums and AudialabEmailSubscribeFollow us --- AUDIALABEVERYTHING UP TO 50% OFF FOR A LIMITED TIME! Privacy Policy of Audialab, Inc. Audialab, Inc. collects some Personal Data from its Users. Owner and Data Controller 123 Main St Wilmington, DE 19804- Owner contact email: privacy@audialab.com Types of Data collected Among the types of Personal Data that Audialab, Inc. collects, by itself or through third parties, there are: Usage Data; Trackers; email address; first name; last name. Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using Audialab, Inc. Unless specified otherwise, all Data requested by Audialab, Inc. is mandatory and failure to provide this Data may make it impossible for Audialab, Inc. to provide its services. In cases where Audialab, Inc. specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies – or of other tracking tools — by Audialab, Inc. or by the owners of third-party services used by Audialab, Inc. serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy. Users are responsible for any third-party Personal Data obtained, published or shared through Audialab, Inc. Mode and place of processing the Data Methods of processing The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of Audialab, Inc. (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time. Place The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located. Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data. Retention time Unless specified otherwise in this document, Personal Data shall be processed and stored for as long as required by the purpose they have been collected for and may be retained for longer due to applicable legal obligation or based on the Users’ consent. The purposes of processing The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Displaying content from external platforms, Tag Management, Interaction with data collection platforms and other third parties, Heat mapping and session recording and Contacting the User. For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”. Detailed information on the processing of Personal Data Personal Data is collected for the following purposes and using the following services: Analytics The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior. Google Analytics 4 (Google LLC) Google Analytics 4 is a web analysis service provided by Google LLC (“Google”). Google utilizes the Data collected to track and examine the use of Audialab, Inc, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. In Google Analytics 4, IP addresses are used at collection time and then discarded before Data is logged in any data center or server. Users can learn more by consulting Google’s official documentation. Personal Data processed: Usage Data. Place of processing: United States – Privacy Policy – Opt Out. Google Analytics (Google LLC) Google Analytics is a web analysis service provided by Google LLC (“Google”). Google utilizes the Data collected to track and examine the use of Audialab, Inc, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. Personal Data processed: Trackers; Usage Data. Place of processing: United States – Privacy Policy – Opt Out. Contacting the User Contact form (Audialab, Inc.) By filling in the contact form with their Data, the User authorizes Audialab, Inc. to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header. Personal Data processed: email address; first name; last name. Mailing list or newsletter (Audialab, Inc.) By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning Audialab, Inc. Your email address might also be added to this list as a result of signing up to Audialab, Inc. or after making a purchase. Personal Data processed: email address; first name; last name. Displaying content from external platforms This type of service allows you to view content hosted on external platforms directly from the pages of Audialab, Inc. and interact with them. This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it. YouTube video widget (Google LLC) YouTube is a video content visualization service provided by Google LLC that allows Audialab, Inc. to incorporate content of this kind on its pages. Personal Data processed: Trackers; Usage Data. Place of processing: United States – Privacy Policy. Google Fonts (Google LLC) Google Fonts is a typeface visualization service provided by Google LLC that allows Audialab, Inc. to incorporate content of this kind on its pages. Personal Data processed: Trackers; Usage Data. Place of processing: United States – Privacy Policy. Heat mapping and session recording Heat mapping services are used to display the areas of Audialab, Inc. that Users interact with most frequently. This shows where the points of interest are. These services make it possible to monitor and analyze web traffic and keep track of User behavior. Some of these services may record sessions and make them available for later visual playback. Hotjar Heat Maps & Recordings (Hotjar Ltd.) Hotjar is a session recording and heat mapping service provided by Hotjar Ltd. Hotjar honors generic „Do Not Track” headers. This means the browser can tell its script not to collect any of the User's data. This is a setting that is available in all major browsers. Find Hotjar’s opt-out information here. Personal Data processed: Trackers; Usage Data; various types of Data as specified in the privacy policy of the service. Place of processing: Malta – Privacy Policy – Opt Out. Interaction with data collection platforms and other third parties This type of service allows Users to interact with data collection platforms or other services directly from the pages of Audialab, Inc. for the purpose of saving and reusing data. If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Mailchimp widget (Intuit Inc.) The Mailchimp widget is a service for interacting with the Mailchimp email address management and message sending service provided by Intuit Inc. Personal Data processed: email address; first name; last name. Place of processing: United States – Privacy Policy. Tag Management This type of service helps the Owner to manage the tags or scripts needed on Audialab, Inc. in a centralized fashion. This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data. Google Tag Manager (Google LLC) Google Tag Manager is a tag management service provided by Google LLC. Personal Data processed: Trackers. Place of processing: United States – Privacy Policy. Cookie Policy Audialab, Inc. uses Trackers. To learn more, Users may consult the Cookie Policy. Further Information for Users Legal basis of processing The Owner may process Personal Data relating to Users if one of the following applies: Users have given their consent for one or more specific purposes. provision of Data is necessary for the performance of an agreement with the User and/or for any pre- contractual obligations thereof; processing is necessary for compliance with a legal obligation to which the Owner is subject; processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner; processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party. In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. Further information about retention time Unless specified otherwise in this document, Personal Data shall be processed and stored for as long as required by the purpose they have been collected for and may be retained for longer due to applicable legal obligation or based on the Users’ consent. Therefore: Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed. Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner. The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to fulfil a legal obligation or upon order of an authority. Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period. The rights of Users based on the General Data Protection Regulation (GDPR) Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following, to the extent permitted by law: Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data. Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing. Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected. Restrict the processing of their Data. Users have the right to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it. Have their Personal Data deleted or otherwise removed. Users have the right to obtain the erasure of their Data from the Owner. Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. Lodge a complaint. Users have the right to bring a claim before their competent data protection authority. Users are also entitled to learn about the legal basis for Data transfers abroad including to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data. Details about the right to object to processing Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection. Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time, free of charge and without providing any justification. Where the User objects to processing for direct marketing purposes, the Personal Data will no longer be processed for such purposes. To learn whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document. How to exercise these rights Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. Such requests are free of charge and will be answered by the Owner as early as possible and always within one month, providing Users with the information required by law. Any rectification or erasure of Personal Data or restriction of processing will be communicated by the Owner to each recipient, if any, to whom the Personal Data has been disclosed unless this proves impossible or involves disproportionate effort. At the Users’ request, the Owner will inform them about those recipients. Additional information about Data collection and processing Legal action The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of Audialab, Inc. or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities. Additional information about User's Personal Data In addition to the information contained in this privacy policy, Audialab, Inc. may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request. System logs and maintenance For operation and maintenance purposes, Audialab, Inc. and any third-party services may collect files that record interaction with Audialab, Inc. (System logs) or use other Personal Data (such as the IP Address) for this purpose. Information not contained in this policy More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document. Changes to this privacy policy The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within Audialab, Inc. and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required. Definitions and legal references Personal Data (or Data) Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person. Usage Data Information collected automatically through Audialab, Inc. (or third-party services employed in Audialab, Inc.), which can include: the IP addresses or domain names of the computers utilized by the Users who use Audialab, Inc, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment. User The individual using Audialab, Inc. who, unless otherwise specified, coincides with the Data Subject. Data Subject The natural person to whom the Personal Data refers. Data Processor (or Processor) The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy. Data Controller (or Owner) The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of Audialab, Inc. The Data Controller, unless otherwise specified, is the Owner of Audialab, Inc. Audialab, Inc. (or this Application) The means by which the Personal Data of the User is collected and processed. Service The service provided by Audialab, Inc. as described in the relative terms (if available) and on this site/application. European Union (or EU) Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area. Cookie Cookies are Trackers consisting of small sets of data stored in the User's browser. Tracker Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device. Legal information This privacy policy relates solely to Audialab, Inc, if not stated otherwise within this document. Latest update: October 24, 2023AUDIALABInterested in becoming an Audialab affiliate? Click here to get started. Emergent Drums, Humanize, Deep Sampler, and Infinite Packs are products of Audialab. Please contact us with any questions or suggestions: info@audialab.comPrivacy policyEnd user license agreementGet the latest updates on Emergent Drums and AudialabEmailSubscribeFollow us --- AUDIALABEVERYTHING UP TO 50% OFF FOR A LIMITED TIME! End-User License Agreement ("Agreement") Last updated: October 24, 2023 Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using Emergent Drums, Deep Sampler, Humanize, or any other Application offered by Company. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of this End-User License Agreement: Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. Application means any software program provided by the Company accessed by any means. Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Audialab, Inc., 123 Main St. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. Country refers to: Delaware, United States Device means any device that can access the Application such as a computer, a cellphone or a digital tablet. Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others' eligible Applications to their associated Devices. Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application. User Generated Content refers to any form of content such as text, images, audio, video, or other types of media that have been created by users of the Application, rather than the content being created by the Company. You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable. Acknowledgment By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application. This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company. This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application. Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement. Intellectual Property The Application and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Application is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. License Scope of License The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions. The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. License Restrictions You agree not to, and You will not permit others to: License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application. Content Content Restrictions The Company is not responsible for the entries, information or content of the Application's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: Unlawful or promoting unlawful activity. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. Impersonating any person or entity including the Company and its employees or representatives. Violating the privacy of any third person. False information and features. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, to refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. Your Suggestions Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You. Modifications to the Application The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You. Updates to the Application The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement. Maintenance and Support The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support. Third-Party Services The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services. You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services. You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions. Privacy Policy The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: https://audialab.com/privacy-policy By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy. Term and Termination This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer. Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device. Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement. Indemnification You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party. No Warranties The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty. Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven't purchased anything through the Application. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising. Severability and Waiver Severability If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. Product Claims The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation. United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Limitation on Time to File Claims Any cause of action or claim you may have arising out of or relating to this Agreement or the Application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. Force Majeure The Company will not be considered in breach of or default under this Agreement on account of, and will not be liable to You for, any delay or failure to perform its obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond our control (each a "Force Majeure Event"). Dispute Resolution and Arbitration In the event of a dispute arising out of or in connection with this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, the Company reserves the right to refer the dispute to binding arbitration through an arbitration service selected by the Company. The decision of the arbitrator will be final and binding on both parties. User Generated Content While using our Application, you may create content using our tools ("User Generated Content"). You retain all intellectual property rights to your User Generated Content. However, you are solely responsible for the User Generated Content that you create. The Company does not claim any ownership rights to your User Generated Content and makes no representations as to the validity, accuracy, or legality of any User Generated Content. The Company is not responsible for any claims by any party that your User Generated Content infringes upon their intellectual property rights. You agree to act in an ethical and lawful manner when creating User Generated Content. If you create User Generated Content that is similar to the work of another party, it is your responsibility to ensure that you have the necessary rights or permissions to use that work. The Company will not be held responsible for any infringement of intellectual property rights arising from your User Generated Content. Disclaimer of Third-Party Actions You acknowledge and agree that the Company is not responsible for the conduct of any third-party associated with the Application and will not be liable for any claim, injury or damage arising in connection with the actions of any third-party. User Compliance with Laws You are solely responsible for ensuring that your use of the Application complies with all laws, rules, and regulations applicable to you. If you are unable to comply with all applicable laws, rules, and regulations, you must not use the Application. Right to Refuse Service The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Right to Modify the Application The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Application. Termination or Suspension of Access The Company reserves the right to terminate or suspend your access to all or part of the Application under certain circumstances. This may include, but is not limited to, situations where your activities are negatively impacting the Application's performance or uptime, or if there is a violation of this Agreement. We strive to act in good faith and will take such actions only when necessary to protect the integrity and stability of our services. Changes to this Agreement The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company. By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application. Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. Entire Agreement The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company. You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase. Contact Us If you have any questions about this Agreement, You can contact Us: By email: support@audialab.com AUDIALABInterested in becoming an Audialab affiliate? Click here to get started. Emergent Drums, Humanize, Deep Sampler, and Infinite Packs are products of Audialab. Please contact us with any questions or suggestions: info@audialab.comPrivacy policyEnd user license agreementGet the latest updates on Emergent Drums and AudialabEmailSubscribeFollow us