This Terms of Service (the “Agreement”) is a legal agreement between Taphaus Music doing business as Padchops.com (“Padchops”, “us”, “we”, or “our”) and the end user (“User”, “you”, “your”). The term “product” refers to any and all site asset files and archive packages and their contents that Padchops has made available for download.
By using any part of our site, or any part of our products, you are agreeing to be bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement then do not use our site and destroy all copies of any products you have in your possession.
All of our downloadable products, whether paid or free, fall under and are subject to one of our licenses which can be found on the Licensing page.
Padchops reserves all rights and ownerships of all content on our website. Exercises not authored by Padchops have been used with the owner’s permission and appropriate attribution given. You may not claim intellectual or exclusive ownership to any of our available content or products, modified or unmodified. All content and products we offer for download are protected by United States Copyright and International Copyright laws.
You agree to indemnify and hold Padchops, their managers, members, employees and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the product(s), our website and/or use of any third party licenses.
4. Return/Refund Policy
All fees are non-refundable. Padchops does not issue refunds for products that are non-tangible downloadable goods. You are responsible for understanding this before purchasing any product from our site.
Subscription to a newsletter from Padchops is voluntary. By providing your email address, you are agreeing that Padchops can send you important information about our products, offerings and events, including announcements of new releases. You may update your email address or unsubscribe via web form at any time by using the links at the bottom of any newsletter.
If you fail to comply with any terms of this Agreement, your license is automatically terminated and you must then destroy all copies of the product(s) in your possession.
10. Other Provisions
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. Padchops has the right to modify and update this Agreement at anytime at Padchops’s sole discretion.
11. Limitation of Liability
In no event shall the maximum, cumulative liability of Padchops relating in any manner to this Agreement, regardless of the type or nature of the claim(s), exceed the amounts paid to Padchops by User for the products.
12. Governing Law
This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Kansas. You agree that jurisdiction over and venue in any legal proceeding arising out of or relating to this Agreement shall be exclusively in the state or federal courts located in Wichita, Kansas.
13. Limited Warranty
(a) Padchops warrants that, if properly installed and operated on hardware and software for which it is designed, products will perform substantially in accordance with the instructions.
(b) User Remedies: At Padchops’s sole discretion, your remedy shall be the replacement of the defective product package through additional download. To make a warranty claim, use our online form at www.padchops.com.
(c) This Limited Warranty is void if failure of the product(s) has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. In no event shall Padchops be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products. This warranty allocates risks of product failure between User and Padchops.
THERE ARE NO OTHER WARRANTIES. PADCHOPS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND ITS INSTRUCTIONS. PADCHOPS DOES NOT WARRANT THE PRODUCT TO WORK WITH 3RD PARTY PRODUCTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION. PADCHOPS DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS OR EMPLOYEES OF PADCHOPS ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF PADCHOPS. ADDITIONAL STATEMENTS SUCH AS ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY PADCHOPS AND MAY NOT BE RELIED UPON.