Important
- Native DSD Music (we, us, our) v.o.f. does not offer refunds on purchases made unless there is a technical error with the data you have received and we cannot find a suitable solution within an acceptable timeframe. Discounts offered and advertised may be used during your order. We cannot retroactively apply any discounts unless there was a technical error. Coupon discounts do not apply to items already discounted. e.g. bundles.
- You are responsible for selecting/purchasing the correct DSD (.dsf), DXD (.flac, sometimes .wav) or FLAC (.flac) rate that your DAC can handle. The selected resolution and channel(s) are the only ones delivered with your order. If you need a different resolution after purchase, this is available a-la-carte, see below. With an active NativeDSD Plus subscription at the time of placing your music order, any lower DSD resolutions are available automatically.
- During checkout you must confirm that your DAC can accept the selected rate(s) in your Cart. No rights may be derived from the contents of the DAC database as to what rates any DAC may play. The database is there solely as a reference. We do our best to keep it up to date and accurate. Each signal flow/ setup is different so please check your exact model/firmware/version. Check your manual and documentation. If you are unsure, please contact us so we can help you before purchasing.
- Even though we check all incoming audio, faulty files may still sneak through. For us to offer you fixed data can take some time, as a label will need to come up with the corrected replacement data and deliver it back to us, and thus back to you. We ask for your patience for us to correct any mistakes.
- We may offer to substitute the product for a different product or lower resolution of the same product as a solution to an issue pertaining an order with faulty data, or if you are not happy with the quality of the purchase.
- Purchases are only to be used by you or others in your household. You have no right to distribute or share the Data you purchased with anyone else.
- A purchased FLAC album includes three (3) download-starts of the album in the browser. NativeDSD cannot monitor if your browser download was successful. We also cannot guarantee downloads on mobile devices. If you have used your starts, but need more, please contact us. We advise you to use the NativeDSD Downloader to download your purchases track-by-track, for more stability and higher success rates. The app is available via your account once logged in, and does not have any downloads-limitations.
- DSD 64, 128, 256, 512, 1024 and DXD can be downloaded using the NativeDSD Downloader (available for Mac OS or Windows Desktop users*), or saving to a Dropbox account. These downloads are blocked through the browser, because we encourage to use our app for better speed and ease of use. These resolutions might not play on certain computer systems or DAPs, even though your DAC’s specifications note they may be able to handle it. Please test before purchasing. You may request 256/512/1024 test files through a request at our support address to check their functionality before you purchase anything. If you need a lower resolution because you cannot play a certain rate after purchase, we have to charge you extra to get that data to you.
- It is your responsibility to backup your music data once downloaded. NativeDSD can not guarantee the data will be available for download ‘forever‘, though we always do our best to provide re-downloads whenever possible.
- You are responsible to keep track of what has been purchased. Making a double purchase cannot be undone by a refund. We can substitute a double purchase for another album of your choice from our store.
- Linux users who cannot use our app, nor save to dropbox, may contact us for .zip browser links to their purchases. Beware that zip links will be slower.
- If you request support, please allow up to 3 business days for our reply. We will do our best to be much faster than that.
*Linux users may contact us, we can switch on browser downloads (zip) for you.
Our full terms are below.
Who gets paid what?
Sometimes listeners will ask what happens with the money that they spend at NativeDSD; and how this money will reach the artists creating the beautiful music. 50-60% of all revenue goes directly to the applicable label that released the album. The labels then distribute those monies to the artists, in percentages that vary greatly depending on the royalty agreements made.
The 40-50% of revenue that is left goes to our infrastructure, personnel, taxes and investing in the platform upkeep and development.
We charge a Digital Delivery fee, similar to shipping costs when ordering a physical product, which covers (part) of our digital data transfers to you. Currently it is set at 1.8% of the cart subtotal. NativeDSD Plus Members are exempt from paying this fee.
Purchasing an additional resolution download
If you wish to purchase an additional resolution after you have purchased an album, we charge a fee to create the order. The pricing is as following for additional download resolutions, excluding any applicable taxes and Digital Delivery fee.
Rate/Channel | Stereo (2ch) | Binaural / Spatial | Multichannel (5ch/5.1ch) |
---|---|---|---|
Flac 96 | € 3 | € 3 | € 4 |
Flac 192 | € 3 | € 3 | € 4 |
DXD | € 5 | € 5 | € 6 |
DSD 64 | € 4 | € 4 | € 5 |
DSD 128 | € 5 | € 5 | € 6 |
DSD 256* | € 7 | € 7 | € 9 |
DSD 512* | € 9 | € 9 | n/a |
DSD 1024* | € 18 | € 18 | n/a |
Please use the link in your account page to request an additional resolution.
*DXD, DSD 54, 128, 256, 512 and 1024 purchase downloads are only available using the NativeDSD Downloader app** or save to Dropbox.
** App available for Windows and Mac users only at this time. Linux users may contact us so we can turn on in-browser downloads (zips).
NativeDSD Plus Terms
- A NativeDSD Plus subscription is automatically extended after your subscription period ends. You can disable auto-renewal in your subscriptions tab in your account at any time. We offer no refunds on any digital subscription charges.
- The subscription gives you access to the DSD rates below the selected (purchased) rate while purchasing from this store with an active subscription, as well as FLAC 96 and FLAC 192 rates, when available for the product.
- You may cancel subscription renewals at any time before the length of the subscription expires.
- Member-pricing on music is available for NativeDSD Plus subscribers. The offer is subject to change and availability. Some labels may opt out in offering discounted pricing for Plus Members. Currently the rate is -15%. Any other offers and promotions are calculated consecutively, during checkout.
- Members are exempt from paying the Digital Delivery fee.
Terms regarding physical products ordered at NativeDSD.com
Each product is in its original packaging, the original seal from the recording studio, if applicable, the cd, sacd, vinyl or reel has not been replaced with a better one. All data in the specifications are subject to change without notice due to the technical production of ribbons, spools and their packaging. Exceptional audiophile sound, as close as possible to the original reference sound quality of the phonogram!
Delivery of order: Each copy of a cd, sacd, vinyl or master tape (reel) is either in-stock, or made on pre-order, please allow us 28 days for delivery of your order, although the order is usually delivered much earlier or in the interval of this time if the item is in stock. All data contained in the specifications are subject to change without prior notice in connection with the technical ordering or changes in the conditions of the services themselves.
Returns: In accordance with consumer protection regulations, we will refund or exchange items returned to us within 30 days after original delivery. Items must be returned in their original conditions and the customer should pay the return postage. If you believe the item is damaged, defective, or incorrect upon original delivery, please contact us and let us know what happened. We will then let you know what you need to do to resolve the issue. For all returns, please package the item securely and obtain proof of postage as we cannot be held responsible for items damaged or lost during shipping.
After you have returned; and we have established that the item was in fact defective upon original delivery, we will replace it free of charge and reimburse you for return shipping costs.
Return products to:
NativeDSD Music Returns
Waaldijk 76
4171CG
Herwijnen
The Netherlands
+31418581800
Lost Parcels: In the event an order does not arrive we can arrange for a replacement. Six weeks must elapse after shipping date before a parcel can be declared lost. After this time, please contact us to report the lost order so we can refund you or ship a new item.
Please note: Before the package is shipped, we will ask you to contact your local post office to check that the item is not pending any import duties.
The NativeDSD catalog continues to grow with our partners on a daily basis, adding the latest and most exciting tape quality music. We hope to become the best audiophile center as a source of tape music over the coming years. All our products and records on tape, vinyl records, CDs or SACD’s are original official branded releases of the label and recording studio, no bootlegs, no fakes or pirated copies.
All rights reserved: phonography producer and registered owner of the work. Unless specifically authorized, the reproduction, rental, lease, borrowing and use of this phonographic support for public performance and broadcasting is prohibited.
Full Terms and Conditions
This is a legal and binding agreement between you and Native DSD Music v.o.f. [Digital Store: www.nativedsd.com] stating the terms that govern your use of the Native DSD Music Digital Store and website. Together with any updates, additional terms, software licenses and hd’s related rules and policies shall collectively constitute the agreement (“Agreement”) between you and Native DSD Music to agree to these terms, click “Agree”. If you do not agree to these terms, do not click “Agree,” and do not use the Native DSD Music Digital Store. If you use any part of the Native DSD Music Digital Store, by that use, you are agreeing to the terms of this agreement. You must accept and abide by these terms as presented to you: changes, additions, or deletions are not acceptable, and, in addition to other remedies, Native DSD Music may refuse you access to the Native DSD Music Digital Store for noncompliance with any part of this agreement.
1. Definition of the “Native DSD Music Digital Store” and “Products”
Native DSD Music is a Netherlands limited liability company, and is the provider of the Native DSD Music Digital Store that manages the Native DSD Music.com site and permits you to purchase downloads of digital content (“Products”) encoded using a high-definition or “lossless” codec, under certain terms and conditions as set forth in this Agreement. Our Products are files of recordings that are downloaded to and stored on the hard drive of your computer, PDA, or other digital device, or copied onto a CD, USB Drive and transferred to other digital devices. Native DSD Music Products may be purchased individually as tracks, collectively as albums, or, in some cases, only in the form of a full-length album. However, as addressed below, each purchase of a Product shall be deemed a final, nonrefundable sale. Further, there is no assurance that Products will be compatible with any particular digital device or compact disc burner, or that any compact discs that are burned will function properly.
2. System Requirements
Use of the Digital Store requires Internet access (fees may apply), a compatible device, and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Digital Store involves hardware, software, and Internet access, your ability to use the Digital Store may be affected by the performance of these factors. Do not use the Digital Store unless you have high speed Internet access. You acknowledge and agree that such system requirements, shall be not be construed to represent or guarantee you access to the Digital Store.
3. Policies and Rules
Your use of the Digital Store and purchases made through it are subject to Native DSD Music Terms of Use agreement, and any end-user agreements or other terms and conditions required for use of the Digital Store, all of which are hereby made a part of this Agreement.
4. Native DSD Music Privacy Policy
Except as otherwise expressly provided for in this Agreement, the Digital Store is subject to ‘Native DSD Music’ Privacy Policy, which is expressly made a part of this Agreement. If you have not already read Native DSD Music’s Privacy Policy, please do so now: find a link to open the privacy policy page at the bottom of the footer of any page.
5. Your Information
You agree to provide accurate, current, and complete information required to register with the Digital Store and at other points as may be required in the course of using the Digital Store (“Registration Data”). You further agree to maintain and update your Registration Data and Account Information as required to keep it accurate, current, and complete. Native DSD Music may terminate your rights to any or all of the Digital Store if any information you provide is false, inaccurate or incomplete. You agree that Native DSD Music may store and use the Registration Data and Account Information you provide for use in maintaining your accounts.
6. Age requirement
Age requirements for use of the Digital Store. This Digital Store is available for individuals aged 18 years or older.
7. Objectionable Material
You understand that by using the Digital Store, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Digital Store at your sole risk and that Native DSD Music shall have no liability to you for content that may be found offensive, indecent, or objectionable.
8. User Account and Security
- Account and Password. As a registered user of the Digital Store, you may receive or establish an account and sub accounts (individually) and collectively referred to as “Account”. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Native DSD Music of any unauthorized use of your Account or any other breach of security. Native DSD Music shall not be responsible for any losses arising out of the unauthorized use of your Account.
- Security. You understand that the Digital Store, and Products purchased through the Digital Store, do not utilize any digital rights management or DRM. As such, you, the consumer, hereby agree to adhere to the laws of the Netherlands protecting copyrighted intellectual property and shall refrain from illegally copying, selling or otherwise exploiting the Products in any manner. Violations of Netherlands Copyright Law may result in civil and/or criminal liability.
9. Purchase of Content from Native DSD Music
- Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Native DSD Music shall be without liability to you in the event to any loss, destruction, or damage.
- Use of Products. You acknowledge that your use of the Products is limited to your own personal use and the Products shall not be commercially exploited by you in any way and is subject to Native DSD Music’s Usage Rules which you hereby agreed to.
- Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
- You shall be authorized to use the Products only for personal, noncommercial use. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver ( or other limitation or implication) of any rights of the copyrights owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products. The product is a combination of a channel set and a quality set, selected by the user.
- You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Terms of Use, and that any other use of the Products may constitute a copyrights infringement.
- You acknowledge that some aspects of the Digital Store and the purchase of Products, may entail the ongoing involvement of Native DSD Music. Accordingly, in the event that Native DSD Music changes any part of the Digital Store or discontinues the Digital Store, which Native DSD Music may do at its election, at any time, with or without notice to you, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Native DSD Music shall have no liability to you in such case.
- All sales are final. We will not issue refunds.
10. Interactive Features
The Digital Store may offer interactive features that allow you to, among things, submit or post information and materials on areas of the Digital Store accessible and viewable by other users of the Digital Store and the public. You agree that any use by you and such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, you hereby grant Native DSD Music a worldwide, royalty-free, nonexclusive license to use such materials as part of the Digital Store, and in relation to Products, without any compensation or obligation to you. a. Native DSD Music reserves the right to not post or publish materials, and to delete remove or edit any material, at any time in its sole discretion without liability.
11. Territory
Native DSD Music is available worldwide with the exception to very few albums, that only may be purchased by users with an account registered and located in the United States at the time of use.
12. Agreement to Pay
- Payment for Products. You agree to pay for all Products you purchase through the Digital Store, and that Native DSD Music may charge your credit card, PayPal, iDeal, or other means of financial payment for any Products purchased. Charging your card or other form of payment is solely executed by our Payment Service Provider called Mollie. We do not storeANY payment information. Nor can we delete payment info for you. You may contact Mollie at any time via https://www.mollie.com/consumers
- Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
- Electronic Signatures and Contracts. Your use of the Digital Store includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into when using our digital store, including notices of cancellation, policies, contracts, and applications.
- Required Hardware and Software. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
13. Delivery of Products
On occasion, technical problems may delay or prevent the immediate delivery of your Product. Your exclusive and sole remedy with respect to a Product that is not delivered within a reasonable period will be either replacement of such Product, as determined by Native DSD Music, or refund. You are responsible for making sure your Product is downloaded and to notify us within reasonable time if you have problems that need be solved so we can address the issues.
14. Intellectual Property
- Acknowledgement of Ownership. You agree that the Digital Store, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Native DSD Music and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Digital Store in compliance with the terms of this Agreement. No portion of the Digital Store may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Digital Store, or in any manner. You shall not exploit Digital Store in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
- Removal of Native DSD Music Content or Other Materials. Notwithstanding any other provisions of this Agreement, Native DSD Music and its licensors reserve the right to change, suspend, remove, or disable access to any such Products, content or materials under this Agreement. Native DSD Music may also impose limits on the use of or access to certain features or portions of the Digital Store, in any case without notice or liability.
- Copyrights. All copyrights in and to the Digital Store, including but not limited to the Native DSD Music Network (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Native DSD Music and/or its licensors. The use of the software or any part of the Digital Store, except for use of the Digital Store as permitted in these terms, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
15. Termination
- Termination by Native DSD Music. If you fail, or if Native DSD Music suspects in its sole determination that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Fees due, failure to provide Native DSD Music with a valid credit card or with accurate and complete Registration Data, Billing Information, User Profile information, and information in Add Funds, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, Native DSD Music, in its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Digital Store (or any part thereof).
- Termination of the Digital Store. Native DSD Music reserves the right to modify, suspend, or discontinue the Digital Store (or any part or content thereof) at any time with or without notice to you, and Native DSD Music will not be liable to you or to any third party should it exercise such rights.
16. General Compliance with Laws
The Digital Store is controlled and operated by Native DSD Music v.o.f. of the Netherlands. You agree to comply with all local, and national laws, statutes, ordinances, and regulations that apply to your use of the Digital Store.
17. Enforcement of These Terms
Native DSD Music reserves the right to take steps Native DSD Music believes are reasonably necessary and appropriate to enforce and/ or verify compliance with any part of this Agreement (including but not limited to Native DSD Music’s right to cooperate with any legal process relating to your use of the Digital Store and/or Products, and/or third party claim that your use of the Digital Store and/or Products is unlawful and/or infringes such third party’s rights.) You agree that Native DSD Music has the right, without liability to you, to disclose any Registration Data and/ or Account information to law enforcement authorities, government officials, and/or any third party as Native DSD Music believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Native DSD Music’s right to cooperate with any legal process relating to your use of the Digital Store and/or Products, and/or a third party claim that your use of the Digital Store and/or Products is unlawful and/or infringes such third party’s rights).
18. No Responsibility for the third-Party Material or Web sites
Certain content, Products, and Digital Stores available via Digital Store may include materials from third parties. In addition, Native DSD Music may provide links to certain third party websites. You acknowledge and agree that Native DSD Music is not responsible for examining or evaluating the content or accuracy of any such thirdparty material or Websites. Native DSD Music does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Digital Stores of third parties. Links to other websites are provided solely as a convenience to you.
19. Disclaimer of Warranties; Liability Limitations
- NATIVE DSD MUSIC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Digital Store WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME HD MAY REMOVE THE Digital Store FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Digital Store AT ANY TIME, WITHOUT NOTICE TO YOU AND WITHOUT LIABILITY TO YOU.
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Digital Store IS AT YOUR SOLE RISK. THE Digital Store AND ALL PRODUCTS AND Digital Stores DELIVERED TO YOU THROUGH THE Digital Store ARE (EXCEPT AS EXPRESSLY STATED BY HD) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- IN NO CASE SHALL NATIVE DSD MUSIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FORM YOUR USE OF ANY OF THE Digital Stores OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE Digital Stores, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Digital Store, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY THIS CLAUSE SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- NATIVE DSD MUSIC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE Digital Stores, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HD HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- NATIVE DSD MUSIC DOES NOT REPRESENT OR GUARANTEE THAT THE Digital Store WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Native DSD Music DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
20. Waiver and Indemnity
BY USING THE Digital Store, YOU AGREE TO INDEMNIFY AND HOLD Native DSD Music, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPCT TO ANY CLAIMS ARISING OUT OF OUR BREACH OF THIS AGREEMENT, YOUR USE OF THE Digital Store, OR ANY ACTION TAKEN BY HD AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION FO THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Native DSD Music, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE Digital Store, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Native DSD Music’s CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
21. Changes
Native DSD Music reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Digital Store. Such updates, revisions, supplements, modifications, and additional, rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Native DSD Music Digital Store after Additional Terms are hereby incorporated into this Agreement by this reference.
22. Notices
Native DSD Music may send you a notice with respect to the Digital Store by sending an email message to the email address listed in your Native DSD Music Account contact information, by sending a message to you in your Native DSD Music’s Message Center, by sending a letter via postal mail to the contact address listed in your Native DSD Music Account contact information, or by general posting in the Native DSD Music Network Digital Store. Notices shall become effective immediately.
23. Governing Law
The laws of the Netherlands, excluding its conflicts of law and rules, govern these Terms and your use of the Digital Store. Your use of the Digital Store may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Native DSD Music or relating in any way to your use of the Digital Store resides in the courts of the Netherlands.
24. Miscellaneous
These Terms of Digital Store use constitute the entire agreement between you and Native DSD Music and govern your use of the Digital Store, superseding any prior agreements between you and Native DSD Music. You also may be subject to additional terms and conditions that may apply when you use affiliate Digital Stores, third-party content, or third-party software. If any part of these Terms of Digital Store is held invalid then the remaining portions of this Agreement shall remain in full force and effect. Native DSD Music’s failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such provision, or any other provision of these Terms of Use. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Native DSD Music will not be responsible for failures to fulfill any obligations due to causes beyond its control.