Consent to Terms and Conditions
Description of Services
KIT Plugins will provide downloadable software for use in audio content creation (the “Software”). We may in the future offer digital technical support services through the Website but such services are not currently available.
Eligibility and Registration
Materials on this Website, including but not limited to sound recordings, images, content, reports, trademarks, compilations, and graphics (collectively referred to as the "Materials"), are protected under various intellectual property laws and owned or controlled by Kit Plugins, or used with permission of the owner(s) of such Materials. The display of Materials at this Website does not imply that a license of any kind has been granted to you, subject to license provisions governing the Software.
- your use of the Website and Materials as permitted is solely for your personal, noncommercial use;
- you will not copy or distribute any part of the Website and Materials in any medium and you will not “frame” the Website or any Materials in any application or website you create or operate without our prior written authorization; you will not alter or modify any part of the Website; and,
Grant and Terms of Software License
In connection with your use of the Website, Services and Software, you may not and you agree that you will not use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any Website pages;
- use the Website, Materials or Software for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Kit Plugins endorsement, partnership or otherwise misleads others as to your affiliation with Kit Plugins;
- dilute, tarnish or otherwise harm the Kit Plugins brand in any way, including through unauthorized use of the Materials, Website, Software, registering and/or using Kit Plugins or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Kit Plugins domains, trademarks, taglines, promotional campaigns or Materials;
- copy, store or otherwise access or use any information contained on the Website or Software for purposes not expressly permitted by these Terms;
- infringe the rights of Kit Plugins or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- "stalk" or harass any other user of our Website, or collect or store any personally identifiable information about any other user;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Website.
Kit Plugins has the right to investigate and prosecute violations of any of the above to the fullest extent of the law and execute the applicable consequences as per the result of any legal procedure. In addition, and as set in these Terms, Kit Plugins may take a range of actions against you, including but not limited to deactivating or canceling your account, for a violation of this Section or these Terms.
Termination and Cancellation
You must Provide an email to access and download the Software and use any services that may be available on or through the Website (“Services”).
You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE, SERVICES AND SOFTWARE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED ON THE WEBSITE, AND IN THE SOFTWARE AND SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO THE WEBSITE, SOFTWARE, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. We make no representations or guarantees that the Website, Software and/or Services are compatible with your equipment or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms or other harmful, invasive or corrupted files, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Website, Software and/or Services at any time at our sole discretion. You further agree that such changes may result in your being unable to access the Website, Software and/or Services. You further agree that we may but are not obligated to create updates for the Software that you have downloaded, and that you have no automatic rights to any such updates. We make no representations or guarantees that any updates to the Software are compatible with your equipment or are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms or other harmful, invasive or corrupted files, interference, hacking or other security intrusion, and we disclaim any liability relating thereto.
We make no guarantees, representations or warranties that the Website, Software or Services or information available through the Website, or that the use of or result of the use of the Website, Software or Services, will be accurate, reliable, complete, current, uninterrupted or without errors.
Some of the available content, services and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services or information. The content of other Site, services, goods or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on or to the Website and/or Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Site, services or goods, that may be linked to or from the Website and/or Services; or (c) make any endorsement of any other Site, services or goods that may be linked to or from the Website and/or Services. Kit Plugins endeavors to make sure that all information and data it originates on the Site is accurate. However, Kit Plugins is not responsible for any damages or loss related to the use of this Site, the Services, or the Software.
Waiver of Claims
To the extent permitted by law, you, on your own behalf and on behalf of any related third party, employees and agents, waive and release any and all claims and rights against Kit Plugins and affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Kit Plugins Parties”) resulting from any damage by the use of the Website and/or the Software and/or the Services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KIT PLUGINS, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE WEBSITE, SERVICES AND/OR THE SOFTWARE, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, SERVICES, AND/OR SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KIT PLUGINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR SOFTWARE MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, SOFTWARE AND SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS THEREFROM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THE WEBSITE, SERVICES AND THE SOFTWARE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR SUBSCRIBE TO THE SOFTWAREOR OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
When you communicate with Kit Plugins electronically, via email or otherwise, you consent to receive electronic communications from Kit Plugins. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Kit Plugins satisfy any legal requirement that such communication be in writing.
With respect to all communications you make to Kit Plugins directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Kit Plugins shall have no obligation to protect your communications from disclosure; (ii) Kit Plugins shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Kit Plugins shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Acquisition of Business
In the event that Kit Plugins and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on or through this Website, the Software and all rights of Kit Plugins and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Kit Plugins will post a notice to such effect on the Website.
Copyright Infringement - Notice and Take-Down Policy
Kit Plugins values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Site, you may notify Kit Plugins in writing as follows: Electronic Mail Address: firstname.lastname@example.org. In your notice, you must include the following:
- a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
- identification of the copyrighted work(s) that is (are) allegedly being infringed;
- identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials;
- contact information (i.e., name, address, email address) sufficient to enable us to contact you;
- a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Software from or related to this Website (the “Website Software”) may be subject to US export controls or the export controls of other countries from where you access the Site. No Website Software may be downloaded from the Site or otherwise exported or re-exported in violation of US or other countries' export laws, as applicable.
Disputes and Governing Law