Terms of service

 

Effective date: August 16, 2026

1. Overview

This website and online store are operated by Dusty Records LLC, an Illinois limited liability company (referred to hereinafter as “Dusty Records,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Dusty Records website, online store, content, features, customer accounts, communications, and related services (collectively, the “Services”).

By visiting the website, creating an account, submitting information, purchasing a product, downloading a product, or otherwise using the Services, you agree to these Terms and to any policies incorporated into them by reference. If you do not agree, you must not access or use the Services.

Our store is hosted by Shopify, which provides the ecommerce platform through which we offer products and Services to you. Shopify is not the seller of Dusty Records products and is not responsible for their content, licensing, performance, or support.

2. Eligibility

You must be at least 18 years old or the age of legal majority in your jurisdiction to place an order or enter into a binding agreement through the Services. If you use the Services on behalf of a business or other organization, you represent that you have authority to bind that organization; however, unless a product is expressly sold under a multi-user or organizational license, each Dusty Records product license is granted only to the individual identified as the licensee.

You may not use the Services or purchase products for any unlawful, fraudulent, or unauthorized purpose.

3. Products and Licensing

Dusty Records offers downloadable digital products that may include Neural Amp Modeler (“NAM”) model files, impulse response (“IR”) files, tone packs, audio samples, presets, documentation, artwork, metadata, and related materials.

All digital products are licensed, not sold. Purchasing a product does not transfer ownership of the product files or any underlying intellectual-property rights.

Your use of every downloadable product is governed by the Dusty Records End-User License Agreement (“EULA”) made available through the store and with the applicable product. The EULA is incorporated into these Terms by reference. By purchasing, downloading, installing, accessing, or using a product, you agree to the EULA.

Unless expressly stated otherwise, the standard license:

  • Is granted to one individual only;

  • Permits royalty-free personal and commercial use in qualifying creative productions;

  • Does not permit sharing the product with another person, studio, company, school, or organization;

  • Does not permit redistribution, resale, sublicensing, or transfer of source files;

  • Does not permit use of the product to create a competing tone pack, NAM pack, IR library, sample pack, dataset, model library, or substantially similar production resource; and

  • Does not permit artificial-intelligence or machine-learning training, testing, development, or related dataset use.

If these Terms conflict with the EULA regarding the scope or permitted use of a digital product, the EULA controls.

4. Product Information and Compatibility

We make reasonable efforts to describe products accurately and provide relevant information about file contents, formats, technical requirements, compatibility, and intended use. However, colors, graphics, interface images, and other visual representations may vary based on your device or display.

Audio demonstrations are illustrative. Results may vary depending on instruments, pickups, playing technique, gain staging, software, hardware, monitoring, signal routing, processing, and other conditions. We do not guarantee that a product will sound identical to a demonstration or reproduce the sound or response of a particular physical device in every signal chain.

You are responsible for reviewing product descriptions and confirming that you have compatible software, hardware, storage, internet access, and technical capability before purchasing. References to third-party products, manufacturers, amplifiers, cabinets, microphones, software, artists, or trademarks are descriptive and do not imply sponsorship, endorsement, certification, or affiliation unless expressly stated.

We may correct typographical errors, technical inaccuracies, omissions, or outdated information at any time. If we discover a material error affecting an order before delivery, we may contact you for instructions or cancel and refund the affected order.

5. Prices and Payment

Prices are displayed in the currency indicated at checkout and may change without notice. A price change will not affect an order that we have already accepted, except when necessary to correct an obvious pricing error.

You agree to provide current, complete, and accurate billing and payment information. You represent that you are authorized to use the payment method submitted with your order.

Applicable taxes, duties, currency-conversion charges, payment-provider fees, or other governmental or third-party charges may be added where required. You are responsible for charges not expressly included in the displayed purchase price.

Payment processing may be provided by Shopify Payments or another third-party payment provider. We do not directly receive or store your complete payment-card information. Your use of a third-party payment service may be subject to that provider’s terms and privacy practices.

6. Orders

Submitting an order is an offer to purchase the selected product under these Terms, the EULA, and the Refund Policy. An automated order confirmation acknowledges receipt of your order but does not require us to accept an order that is fraudulent, unauthorized, technically erroneous, or otherwise invalid.

We reserve the right to refuse, limit, hold, or cancel an order when reasonably necessary because of:

  • Suspected fraud, unauthorized payment, chargeback abuse, or identity misuse;

  • Incorrect pricing, product information, or availability;

  • Technical or processing errors;

  • Apparent attempts to evade license restrictions or purchase limits;

  • Sanctions, export-control, or other legal requirements; or

  • Conduct that violates these Terms or the EULA.

If we cancel an order after payment has been successfully collected and before the product has been lawfully delivered, we will refund the amount collected for the canceled item unless the payment is subject to an unresolved fraud or payment dispute.

Products may not be purchased for resale, redistribution, sublicensing, or transfer unless Dusty Records expressly authorizes that transaction in writing.

7. Digital Delivery

Products are delivered electronically through a download page, email, customer account, or third-party digital-delivery service. Unless otherwise stated on the product page, no physical item will be shipped.

Download access is generally provided after payment authorization and order processing. Fraud screening, payment review, technical issues, or circumstances outside our reasonable control may delay delivery.

You are responsible for:

  • Providing an accurate and accessible email address;

  • Checking spam, junk, promotions, and filtered-message folders;

  • Downloading the product within any stated availability period;

  • Safely storing the downloaded files; and

  • Maintaining lawful backup copies.

Unless expressly promised on the applicable product page, we do not guarantee permanent cloud storage, indefinite download access, or replacement downloads. If you do not receive access within a reasonable period after completing an order, contact support@dustyrecords.com with your name and order number.

8. Refunds

Because Dusty Records products are digital goods delivered electronically, all sales are final except as expressly provided in our Refund Policy or required by applicable law.

Our Refund Policy is incorporated into these Terms by reference. Refunds ordinarily are not provided because a customer changed their mind, purchased the wrong product, lacks compatible equipment or software, did not review the product information, or does not prefer the product’s subjective sound or characteristics.

We may provide an appropriate remedy for a verified duplicate charge or a materially defective, corrupted, incomplete, or incorrectly delivered product that we cannot correct or replace within a reasonable period.

If these Terms conflict with the Refund Policy regarding refund eligibility or procedures, the Refund Policy controls.

9. Customer Accounts and Security

Certain features may allow or require you to create a customer account. You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account.

You agree to:

  • Provide accurate and current information;

  • Use a unique and reasonably secure password;

  • Restrict access to your account and devices;

  • Notify us promptly of suspected unauthorized access; and

  • Refrain from sharing your account, download links, or licensed product files.

We may suspend or restrict an account when reasonably necessary to investigate suspected fraud, unauthorized access, license sharing, security threats, chargeback abuse, or violations of these Terms.

10. Acceptable Use of the Services

You may use the Services only for lawful purposes. You may not:

  • Violate any applicable law, regulation, court order, or third-party right;

  • Interfere with the operation, availability, integrity, or security of the Services;

  • Introduce viruses, malicious code, automated attacks, or harmful technologies;

  • Scrape, crawl, harvest, index, copy, or systematically extract website content except through ordinary search-engine indexing or with our written permission;

  • Attempt to gain unauthorized access to an account, system, database, download, or nonpublic portion of the Services;

  • Circumvent access controls, purchase limits, download restrictions, or security measures;

  • Misrepresent your identity, impersonate another person, or submit fraudulent information;

  • Use the Services to distribute unlawful, infringing, deceptive, abusive, or malicious material;

  • Use website content or product information to create or support a competing asset library, dataset, model, or service;

  • Use website content, audio demonstrations, product files, metadata, or other Dusty Records materials for artificial-intelligence or machine-learning training, development, testing, or datasets without prior written permission; or

  • Assist or encourage another person to do any prohibited act.

We may restrict or terminate access when we reasonably believe these restrictions have been violated.

11. Intellectual Property

The Services and their contents—including product files, NAM models, impulse responses, samples, audio demonstrations, recordings, text, graphics, photographs, artwork, logos, trademarks, product names, page design, metadata, file organization, and documentation—are owned by or licensed to Dusty Records and are protected by copyright, trademark, and other applicable laws.

Except for the limited rights expressly granted under these Terms or the EULA, no content may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed, sold, licensed, commercially exploited, or used to create derivative or competing materials without prior written permission.

“Dusty Records,” associated logos, and other Dusty Records identifiers are trademarks or proprietary brand elements of Dusty Records LLC. No license to use those marks is granted except for truthful, non-misleading identification of a lawfully purchased product.

12. Feedback, Reviews, and Submissions

If you voluntarily submit feedback, suggestions, testimonials, reviews, questions, photographs, recordings, or other content to us, you represent that you have the right to provide it and that it does not violate law or another person’s rights.

You retain ownership of your original content. You grant Dusty Records a non-exclusive, worldwide, royalty-free license to host, reproduce, format, display, and distribute that content for operating, improving, and promoting the Services, subject to applicable law and our Privacy Policy. We will not materially alter a testimonial in a misleading manner.

You may not submit content that is unlawful, infringing, defamatory, deceptive, threatening, malicious, or contains confidential information you are not authorized to disclose.

13. Third-Party Services and Links

The Services may rely on or link to third parties, including Shopify, payment processors, digital-delivery providers, analytics providers, embedded-media services, social-media platforms, software developers, and external websites.

Third-party products and services are governed by their own terms and privacy practices. We do not control and are not responsible for the availability, content, security, policies, performance, compatibility, or conduct of independent third parties.

A link, integration, or reference does not imply endorsement or affiliation. Your use of a third-party service is at your discretion and risk, subject to any rights that applicable law does not permit you to waive.

14. Privacy

Our collection, use, disclosure, and retention of personal information are described in the Dusty Records Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you acknowledge that ecommerce transactions necessarily involve service providers such as Shopify, payment processors, fraud-prevention providers, hosting providers, and digital-delivery systems. Please review the Privacy Policy for additional information and available privacy choices.

15. Service Availability and Changes

We may modify, suspend, discontinue, or restrict any part of the Services for maintenance, security, legal compliance, business reasons, third-party platform changes, or circumstances outside our reasonable control.

We do not guarantee that the website, store, download system, customer accounts, or third-party integrations will always be available, uninterrupted, secure, or error-free. Temporary interruption of the Services does not terminate an otherwise valid product license.

We may update or discontinue products, formats, features, demonstrations, prices, and compatibility information. Unless expressly promised in writing, purchasing a product does not entitle you to future updates, new formats, maintenance, support, or compatibility with future third-party technology.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS.

DUSTY RECORDS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPATIBILITY, QUIET ENJOYMENT, AND COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT; OR THAT A PRODUCT WILL MEET EVERY USER’S TECHNICAL, CREATIVE, OR SUBJECTIVE EXPECTATIONS.

Product-specific warranty disclaimers are also contained in the EULA.

Some jurisdictions do not allow certain warranty exclusions. Where an exclusion is prohibited, the applicable warranty is limited to the shortest duration and narrowest scope permitted by law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUSTY RECORDS AND ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY; COST OF SUBSTITUTE GOODS OR SERVICES; OR DAMAGES ARISING FROM INTERRUPTION, INCOMPATIBILITY, LOSS OF ACCESS, OR RELIANCE ON WEBSITE CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, A TRANSACTION, OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. The amount you paid to Dusty Records for the product or transaction giving rise to the claim; or

  2. Fifty United States dollars (US $50) if the claim does not arise from a paid transaction.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not exclude or limit liability that applicable law does not permit to be excluded or limited, including liability for fraud, willful misconduct, or personal injury to the extent such limitation is prohibited.

18. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Dusty Records and its owners, members, employees, contractors, licensors, and distributors from third-party claims, damages, judgments, liabilities, costs, and reasonable attorneys’ fees arising from:

  • Your unlawful use of the Services;

  • Your violation of these Terms or the EULA;

  • Your infringement or violation of another person’s rights;

  • Content you submit through the Services; or

  • Your fraud, unauthorized redistribution, account sharing, or misuse of a digital product.

We will provide reasonable notice of a covered claim. You may not settle a claim in a manner that admits fault by or imposes an obligation on Dusty Records without our written consent.

19. Suspension and Termination

You may stop using the Services at any time.

We may suspend, restrict, or terminate your access if you materially breach these Terms, violate the EULA, engage in suspected fraud or unlawful conduct, threaten the security or operation of the Services, abuse payment disputes or chargebacks, or create material risk for Dusty Records or another person.

Termination of website or account access does not automatically terminate a valid product license unless the EULA provides otherwise. Termination of a product license is governed by the EULA.

Provisions concerning intellectual property, prohibited conduct, disclaimers, limitations of liability, indemnification, dispute resolution, and any terms that by their nature should survive will remain effective after termination.

20. Governing Law and Disputes

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

Any legal action arising out of or relating to these Terms, the Services, or a transaction must be brought exclusively in the state courts located in Lake County, Illinois, or the United States District Court for the Northern District of Illinois. Each party consents to personal jurisdiction and venue in those courts.

This section does not deprive a consumer of any non-waivable protection or legally required forum. These Terms do not require arbitration.

21. Changes to These Terms

We may revise these Terms from time to time. The effective date at the beginning of the document identifies the current version.

Changes ordinarily apply prospectively from the date they are posted. A revision will not retroactively and materially reduce your rights in a previously purchased product unless you affirmatively agree to the revision, except where a change is required by law or applies to an optional new feature or service that you choose to use.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms. If you do not agree to a revision, you must stop using the affected Services.

22. General Terms

Entire agreement. These Terms, the EULA, Refund Policy, Privacy Policy, applicable product page, and order confirmation constitute the agreement between you and Dusty Records concerning the Services and your purchase.

Order of precedence. The EULA controls product licensing and use restrictions. The Refund Policy controls refund eligibility and procedure. The Privacy Policy controls the treatment of personal information. These Terms control general website, store, ordering, and service matters.

Severability. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and modified as narrowly as necessary. The remaining provisions remain effective.

No waiver. A failure or delay in enforcing a provision is not a waiver. A waiver is effective only if made in writing by the party granting it.

Assignment. You may not assign or transfer these Terms or any associated rights without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Dusty Records business, provided the assignee assumes our applicable obligations.

No third-party beneficiaries. Except as expressly stated, these Terms do not create enforceable rights for anyone other than you and Dusty Records.

Electronic communications. You consent to receive agreements, order information, notices, and other communications electronically. You may retain copies for your records.

Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will be interpreted fairly according to their language and not against either party as drafter.

23. Contact Information

Questions about these Terms, an order, a product, or the Services may be sent to:

Dusty Records LLC
Email: support@dustyrecords.com
Website: https://dustyrecords.com

When contacting us about an order, please include the purchaser’s name, order number, product name, and a description of the issue.