Terms and Conditions
Welcome to Sounds By Ivy Grand, operated by Ivy Grand LLC ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website https://soundsbyivygrand.com (the "Site"), including any content, functionality, and services offered on or through the Site, such as downloading or purchasing digital music, sound kits, and purchasing physical media like vinyl records, CDs, and DVDs (collectively, the "Products").
By accessing or using the Site, purchasing Products, or creating an account, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or purchase any Products.
We may revise these Terms from time to time. The date of the last update will be indicated at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.
1. User Accounts
To purchase Products or access certain features, you may need to create an account. You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.
We reserve the right to refuse registration, terminate accounts, or remove content at our discretion.
2. Products and Services
We offer the following Products:
- Digital Products: Digital downloads of songs, albums, sound kits (e.g., sample packs, loops), and other electronic files.
- Physical Products: Vinyl records, CDs, DVDs, and other tangible media containing our music or related content.
All Products are created or produced by Ivy Grand and are subject to availability. Descriptions, images, and prices are provided for informational purposes and may be updated without notice.
3. Purchases and Payments
To make a purchase, you must provide valid payment information. We accept major credit cards, Stripe, and other methods as indicated at checkout. All payments are processed through secure third-party providers (e.g., Stripe, PayPal). You authorize us to charge your payment method for the total amount, including applicable taxes and shipping fees.
Prices are in [currency, e.g., USD] and exclude taxes, duties, and shipping unless stated otherwise. We reserve the right to correct pricing errors.
All sales of Digital Products are final upon completion of the transaction. For Physical Products, orders are binding once confirmed, subject to our return policy below.
You represent that you are at least 18 years old or have legal capacity to enter into transactions.
4. Digital Products: Licensing and Use
Upon purchase of a Digital Product, we grant you a limited, non-exclusive, non-transferable, revocable license to download, stream, and use the Digital Product for your personal, non-commercial purposes only. This license does not include:
- Resale, distribution, or public performance of the Digital Product.
- Modification, remixing, or incorporation into derivative works without our express written permission.
- Use in commercial projects, broadcasts, or synchronization (e.g., videos, ads) unless a separate license is obtained.
- Transfer of the license to any third party.
Digital Products are delivered electronically via download link or email immediately after payment, subject to technical availability. You are responsible for downloading and backing up your purchases promptly, as access may not be perpetual.
We do not warrant that Digital Products will be compatible with all devices or software. Quality may vary based on your internet connection, device, or bandwidth.
Refunds for Digital Products are not available except where required by law (e.g., if the product is defective or not as described). Contact us within 7 days of purchase with proof for consideration.
5. Physical Products: Shipping and Delivery
Physical Products are shipped from our facilities or third-party fulfillment centers. Shipping options, costs, and estimated delivery times are provided at checkout. Delivery dates are estimates only and not guaranteed. We are not liable for delays due to carriers, customs, or force majeure events.
Title and risk of loss pass to you upon shipment. You are responsible for any import duties, taxes, or customs fees.
We ship to most countries, but restrictions may apply. International shipping may incur additional fees.
6. Returns and Refunds for Physical Products
We want you to be satisfied with your purchase. If a Physical Product arrives damaged, defective, or not as described, contact us within 14 days of receipt with photos and details. We will arrange a replacement, repair, or refund at our discretion, provided the item is returned in its original condition. Be aware that some returns may need to be fulfilled and issued via contact with third-party fulfillment centers directly (i.e. elasticStage).
Refunds will be issued to your original payment method, excluding shipping fees. Processing may take 5-10 business days.
We do not accept returns for opened or used Physical Products unless defective.
7. Intellectual Property
All content on the Site and in our Products, including music, sound kits, artwork, lyrics, and trademarks, is owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from our content without our written permission. Purchasing a Product does not transfer ownership of intellectual property rights.
You warrant that any user-generated content you submit (e.g., reviews) does not infringe third-party rights and grant us a worldwide, royalty-free license to use it for promotional purposes.
We reserve the right to remove infringing content and terminate accounts for violations.
8. Warranties and Disclaimers
We warrant that Physical Products will be free from defects in materials and workmanship for 30 days from shipment. For Digital Products, we warrant they meet standard specifications but disclaim compatibility with specific devices.
Except as expressly stated, all Products and the Site are provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, or secure, or that Digital Products will remain available indefinitely.
9. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Site or Products, including loss of profits, data, or goodwill, even if advised of the possibility.
Our total liability for any claim shall not exceed the amount you paid for the relevant Product.
You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your breach of these Terms, misuse of Products, or infringement of rights.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of laws principles.
Any disputes shall be resolved through binding arbitration, or in small claims court if applicable. You waive any right to class actions.
11. Miscellaneous
These Terms constitute the entire agreement between you and us. If any provision is unenforceable, the remainder shall remain in effect.
We may assign these Terms without notice. You may not assign without our consent.
Force majeure events (e.g., natural disasters, pandemics) excuse performance delays.
Contact us at ivy@soundsbyivygrand.com for questions or notices.