These Terms and Conditions ("Terms") govern your access to and use of apex-warriors.store (the "Site"), operated by Pro Distributor LLC ("Pro Distributor," "we," "us," or "our") as publisher for Apex Warriors. By accessing, browsing, or making a purchase on this Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Acceptance of Terms
Your use of the Site constitutes your acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, and purchasers. We reserve the right to modify these Terms at any time. Continued use of the Site following any modification constitutes acceptance of the updated Terms.
2. Eligibility and Explicit Content Advisory
⚠ PARENTAL ADVISORY — EXPLICIT CONTENT: Music available for download or streaming through this Site may contain explicit lyrics, strong language, themes of violence, or other mature content. Parental discretion is strongly advised.
By accessing, browsing, or using this Site in any manner, you represent and warrant that: (i) you are of sufficient legal age in your jurisdiction to access explicit or mature content; (ii) you have full legal capacity to enter into and be bound by these Terms; and (iii) if you are a minor, you have obtained the express consent of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf.
To the fullest extent permitted by applicable law, you hereby release, discharge, and hold harmless Pro Distributor LLC, its officers, directors, employees, agents, licensors, and successors from any and all claims, demands, damages, liabilities, losses, costs, and expenses of any kind — whether known or unknown, foreseen or unforeseen — arising out of or in any way related to your exposure to explicit, mature, or otherwise objectionable content accessed through this Site, including content embedded in or accompanying any digital music files purchased or streamed hereunder. By proceeding to use the Site, you expressly assume all risk associated with such content and waive any right to assert claims against Pro Distributor LLC on the basis that such content is offensive, harmful, inappropriate, or unsuitable for any particular audience.
We reserve the right to refuse service to anyone for any reason at any time.
3. Products and Purchases
The Site offers digital music downloads for purchase. All sales are subject to the following conditions:
- Prices are listed in US Dollars (USD) and are subject to change without notice
- All purchases are final. Due to the digital nature of our products, we do not offer refunds once a download link has been delivered
- Download links are delivered to the email address you provide at checkout. You are responsible for providing a valid, accurate email address
- Download links may be subject to an expiration period or download limit; any such restrictions will be communicated at the time of purchase
- We reserve the right to cancel any order and issue a refund at our sole discretion, including in cases of suspected fraud or abuse
4. Payment Processing
All payments are processed through Square, Inc. By completing a purchase, you also agree to Square's terms of service and privacy policy. Pro Distributor LLC does not store full payment card numbers on its servers. We are not responsible for errors or failures caused by Square's payment processing systems.
You represent that you are authorized to use the payment method provided and that the billing information you supply is accurate and complete.
5. Digital Download License
Upon completing a purchase, Pro Distributor LLC grants you a limited, non-exclusive, non-transferable, personal license to download and use the purchased digital files for your own private, non-commercial listening enjoyment. This license does not include the right to:
- Reproduce, distribute, publicly perform, or publicly display the music
- Create derivative works based on the music
- Sell, sublicense, rent, lease, or otherwise transfer the files to any third party
- Use the music in any commercial project, broadcast, film, video, advertisement, or any other revenue-generating context without a separate written license from Pro Distributor LLC
- Upload the files to any file-sharing service, streaming platform, or public repository
All intellectual property rights in the music, including copyrights, remain the exclusive property of Pro Distributor LLC and/or Apex Warriors. Nothing in these Terms transfers ownership of any intellectual property to you.
6. Mailing List and Communications
By subscribing to our mailing list, you consent to receive promotional emails from us regarding Apex Warriors, including new releases, exclusive content, and special offers. You may unsubscribe at any time by clicking the unsubscribe link in any email. We will not share your email address with third parties for their own marketing purposes.
7. Prohibited Conduct
You agree not to use the Site to:
- Violate any applicable local, state, national, or international law or regulation
- Infringe on the intellectual property rights of Pro Distributor LLC or any third party
- Transmit any harmful, offensive, or disruptive content
- Attempt to gain unauthorized access to any portion of the Site or its related systems
- Use automated means such as bots, scrapers, or crawlers to access the Site without our written permission
- Engage in any activity that interferes with or disrupts the Site's normal operation
- Misrepresent your identity or provide false information during any transaction
8. Disclaimer of Warranties
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRO DISTRIBUTOR LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Site. Your use of the Site and any content downloaded from it is at your own risk.
We make no warranty that digital files will be compatible with your particular devices, software, or operating systems. It is your responsibility to ensure your equipment is capable of receiving, playing, and storing the purchased file formats.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRO DISTRIBUTOR LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS PURCHASED THROUGH IT.
In no event shall our total liability to you for all claims arising out of or relating to these Terms or your use of the Site exceed the amount you paid to us in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Pro Distributor LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
11. Fictional Characters Disclaimer
All characters, personas, likenesses, artistic representations, and narrative elements associated with Apex Warriors are entirely fictional and the product of creative imagination. They are not based on, modeled after, intended to depict, or in any way derived from any real persons, living or dead. Any similarity to actual individuals is purely coincidental and unintentional. Pro Distributor LLC makes no representation that any character, name, or likeness associated with Apex Warriors corresponds to any real person.
12. Intellectual Property
All content on the Site, including but not limited to music, audio files, artwork, logos, text, graphics, and the overall design and layout, is the property of Pro Distributor LLC or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the Site without our express written permission.
13. Third-Party Services
The Site uses third-party services including Square for payment processing and Backblaze for file delivery. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices, content, or reliability of any third-party services.
The Site may contain links to third-party websites. These links are provided for convenience only. We do not endorse and are not responsible for the content, privacy practices, or terms of any linked websites.
14. Digital Millennium Copyright Act (DMCA)
We respect intellectual property rights and expect users to do the same. If you believe that content on the Site infringes your copyright, please send a notice to service@pro-distributor.com with the following information: a description of the copyrighted work claimed to be infringed; identification of the allegedly infringing material and its location on the Site; your contact information; a statement of good faith belief; and a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Pro Distributor LLC is domiciled, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Site shall first be subject to good-faith negotiation between the parties. If the parties cannot resolve the dispute through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in class action litigation or class-wide arbitration.
16. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pro Distributor LLC regarding your use of the Site and supersede all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter herein.
18. Contact
For questions regarding these Terms, please contact:
Pro Distributor LLC
Publisher for Apex Warriors
Email: service@pro-distributor.com