Overview

This website is operated by Hexmark Records. Throughout the site, the terms “we”, “us” and “our” refer to Hexmark Records. Hexmark Records offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We may refuse to provide our services to anyone at our discretion. For example, we might refuse service if a user violates our community guidelines.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Merchant of Record Information

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

Section 5 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue any part of our service at any time without prior notice. In the event of termination of the service, we will ensure that any paid-for software products are not adversely affected solely as a result of the service discontinuation. We will make all reasonable efforts to ensure the continued operability of paid-for software products in connection with the termination of the service.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 6 - Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 7 - Accuracy of Billing and Account Information

We can refuse or limit any order for reasons such as high demand or errors in pricing. If this happens, we will notify you as soon as possible. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

Section 8 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

We offer access to third-party tools 'as is' without guarantees. This means we are not responsible for any issues you might have while using these tools. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 9 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 10 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 11 - Reviews and Testimonials

1. Submission of Reviews: By submitting a review or testimonial on our website, you agree that the content is accurate, truthful, and based on your own experience with our products or services.
2. Use of Reviews: We reserve the right to use, edit, and publish any reviews or testimonials submitted to our website. This includes the right to display such reviews on other websites affiliated with our parent organization.
3. Affiliated Websites: Affiliated websites are defined as any websites that are owned, operated, or associated with our parent company or related entities. Your reviews may be displayed across these platforms to ensure consistent customer feedback and experiences.
4. Attribution: When displaying reviews on affiliated websites, we will attribute the review to the username provided at the time of submission. No additional personal information will be shared without your explicit consent.
5. Modification and Removal: We reserve the right to modify or remove any reviews that violate our content guidelines, are deemed inappropriate, or at our discretion, without prior notice.
6. Liability: We are not liable for any consequences that may arise from the publication of your reviews on our website or any affiliated websites.

By submitting a review, you acknowledge and agree to these terms and conditions regarding the use and distribution of your review content.

Section 12 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 13 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you, although In the event of termination of the service, we will ensure that any paid-for software products are not adversely affected solely as a result of the service discontinuation. We will make all reasonable efforts to ensure the continued operability of paid-for software products in connection with the termination of the service.

Using our service is at your own risk. We provide all products and services 'as is' without warranties, unless we specifically state otherwise. This means we don't guarantee the quality or fitness for a particular purpose.

In no case shall Hexmark Records, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 16 - Indemnification

You agree to indemnify, defend and hold harmless Hexmark Records and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 17 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 19 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of: Hexmark Records Ltd, Wisteria, The Grange Barn Pikes End, Pinner, London, HA5 2EX, United Kingdom.

Section 20 - Digital Download Instructions & Copyright Information

1. We (“Hexmark Records”) retain the right to revoke your account with immediate effect should the terms of this Agreement, as set out here, be breached by you (“the Customer”).
2. We might close your account 48 hours after your last purchase. Please download your purchases within this time to avoid losing access.
3. By clicking on ‘Buy’ you are agreeing to abide by the Copyright License retained by Hexmark Records in regard to the downloading of music from this website (“hexmarkrecords.com”).
4. Any digital audio download purchased from this website shall entitle you to personal use of said digital music file throughout the world for the life of the copyright of the sound recording and the musical work embodied in the sound recording.
5. Your personal use of any purchased digital musical file shall allow you to transfer the file to your own computer, portable music device, or to burn the same on a CD-R or other digital music storage media.
6. Transfer of a purchased digital music file to any third party or to such digital place/file on a peer-to-peer network or to any media that is not solely owned and controlled by you is strictly prohibited.
7. By purchasing digital audio from Hexmark Records, you acknowledge and agree that violating the terms, as set out above, shall constitute a copyright infringement under applicable laws and legislation set by all signatories to the international Berne Convention for the Protection of Literary and Artistic Works.
8. Further, by purchasing the digital audio download file for personal use only, you are agreeing to not sell, distribute, or rent the digital musical file purchased on this website or participate in any activity where the digital musical file is the sole element in securing financial gain.
9. All the materials, including the aforementioned digital audio files on this website, are available solely for personal use. Further distribution, resale, or broadcasting is strictly prohibited.
10. We confirm that the digital audio files downloaded for personal use from this website will play on audio players in computers and other digital players. (There are no computer platform restrictions for DIGITAL files.)
11. Hexmark Records assumes no responsibility for the digital performance when transferred to a CD-R due to non-standard methods of burning.
12. Music software purchased from this website is permitted for use in commercial projects, including but not limited to, films, advertisements, video games, and public performances, provided that the use complies with the copyright terms and conditions set forth in this Agreement.
13. Unauthorized use of the music software for commercial purposes, including distribution or resale without permission, is strictly prohibited and will be considered a breach of this Agreement, subject to legal action.
14. These terms apply in addition to the End User License Agreement (EULA) associated with any music software purchased from Hexmark Records. By purchasing and using the music software, you agree to the terms and conditions outlined in both this Agreement and the EULA.

Instructions for Downloading Digital Audio:

1. Sign in to your account at Hexmark Records.
2. Click the Account section from the menu.
3. Click the Audio section from the submenu.
4. Find the track in your personalised space.
5. Click the track name next the download cloud image. Be sure your pop-blockers/ad blockers are disabled.
6. If you experience problems downloading the files, please try an alternative browser, preferably an evergreen browser.
7. If you are using an Apple mobile device, please download using a desktop machine and then use iTunes to upload to device.
8. Begin downloading and wait for the download to complete.
9. Once the digital file has downloaded, you may be given the option of opening and saving your file.
10. Select the “Save” option to save to a location of your choice.
11. If you select the “Open” option, the file will simply open and play. Please note that the file will not be saved to your computer until you select the “Save” option.
12. Once the file is saved on your computer you can rename the file and move it to a digital player. (IMPORTANT: In rare cases, the filename of your DIGITAL audio may not have “.mp3”, “flac” or “wav” at the end of the file. If this happens to you, you must rename your files so that they DO end with mp3, flac and wav. They will not open and play until you do this final step.)

Please remember you have 48 hours in which to complete the download of your purchase as we cannot guarantee the digital files remain available 48-post purchase.

Download time is approximately 1 minute per track for an mp3, depending upon the server load and strength of connection provided by your IP. The download duration for other formats should take approximately one minute per track. This can also depend on the server load and strength of connection provided by your internet service provider.

Instructions for Downloading Plugin Software:

1. Sign in to your account at Hexmark Records.
2. Click the Account section from the menu.
3. Click the Plugin Licences section from the submenu.
4. Find the plugin licence in your personalised space.
5. Click the download button associated with your system architecture name. Be sure your pop-blockers/ad blockers are disabled.
6. Bare in mind, all our software downloads from the website are signed. Please ensure that the publisher is named Hexmark Records for proof of authenticity.
7. Copy the activation code for in plugin authorisation.
8. If you experience problems downloading the files, please try an alternative browser, preferably an evergreen browser.
9. Begin downloading and wait for the download to complete.

You will should also receive an email receipt of your order.

Should you experience any problems downloading your digital purchase, please do not hesitate to contact us via our Contact page. We will respond within 48 hours to any purchase queries.

Section 21 - Contact Information

Questions about the Terms of Service should be sent to us at [email protected].

Hexmark Records Ltd, Wisteria, The Grange Barn Pikes End, Pinner, London, HA5 2EX, United Kingdom.

+44 (0)330 0433817

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Terms and Conditions as of 16-Aug-2024