Registered User Agreement

 

ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT  www.cubicaudio.co.uk ("Site") OR ANY OF THE INFORMATION CONTAINED IN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGSITERED USER AGREEMENT ("Agreement").



1. Contracting parties.  When you register to purchase any of the products via the Site ("Products"), you are contracting with CubicAudio is referred to in this Registered User Agreement as "we", "us", "our" or "CubicAudio".



2. Passwords. You agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, let us know and we will close your account as quickly as possible. 



3. Your Information. If you provide any information to the Site, you agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security.  By registering with the Site and accepting this Agreement, you are also accepting and agreeing to our Privacy Policy. 



4. Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site ("Content") is entirely at your own risk. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. Please note that CubicAudio does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements.  Whilst we always do our best to avoid it, some products may sometimes remain advertised on the Site even when no longer available.  If you encounter or become aware of any objectionable content posted anywhere on the Site, please report such material (and the specific page on which it is found) to support@cubicaudio.co.uk.



5. Purchasing Products from CubicAudio. All Products purchased from or through the Site are for your own personal use only and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission. The contract between you and CubicAudio for the purchase of Products is formed in each case only when we accept your payment and make such Products(s) available for you to download and/or ship such Product(s) to you. If an item is out of stock at the time a credit/debit charge has been made, we will automatically raise a "back order". If the goods then become available within twelve weeks we will ship with no additional shipping charge other than the standard handling charge as indicated on the relevant page on the Site. If the goods become available only after twelve weeks, we will notify you by email and you will have to re-order by making a new purchase. 



6. Software Licences. All Products (including without limitation software applications) are sold subject to the terms of the relevant licence for use granted to you in each case by the relevant manufacturer. By purchasing sounds from CubicAudio you agree to the terms of such license in each case. Please note that downloadable software products are licensed (not sold) to you as a single-user on a non-transferable, non-exclusive basis, CubicAudio or its suppliers. Ownership of the underlying software remains with CubicAudio or the relevant supplier. Copying, duplication, lending or re-selling (including any transfer or deposit into a time-sharing or service bureau operation or a computer/sampler network) of any Product or its contents in whole or part is strictly prohibited. 



7. Payment and Pricing. You may pay for Products using any of our approved debit or credit cards or one of our approved e-money providers. All prices are stated in pounds sterling and are valid until altered by CubicAudio by posting new or varied prices on the Site.  Prices are inclusive of VAT unless stated otherwise. In the event that you order Products and the price published on the Site was incorrect we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at the correct price. You agree and acknowledge that currency rates change daily and that any exchange rate quoted on the Site is merely a representation of a recent currency rate and that you will be charged according to the actual rate at the applicable time. 



8. Returns. Under European Law, you would normally have the right to cancel any online contract for sale within seven days. However, this does not relate to downloadable software goods as once the products have been transferred to your computer, they cannot be returned. Consequently we do not accept refund requests in relation to downloadable software goods. If you require support, please contact the relevant software manufacturer. When returning any physical Product, the item must be as new, in a saleable condition, unused, undamaged and still in the original sealed packaging. If the relevant software has been registered (online or otherwise) then it is deemed as ""used"" and we are unable to accept any return. CubicAudio shall not be held responsible for any software purchased that is incompatible with your operating system or other problems specific to your computer.  If you are in doubt as to whether or not a specific Product is suitable for your requirements, please carefully evaluate the Product before purchasing by: reading the "Product Description" and "Specifications" tabs at the Product page; checking the product compatibility at the "Specifications" tab at the Product page,; listening to the demo song(s); and/or listening to the sample loops provided on the Product pages. If you are still unsure, you may contact us via support@cubicaudio.co.uk for further information about the Product.



9. Shipping and Delivery. Risk passes to you once a delivery has attempted to have been made. Products shipped to any non-card registered address are sent entirely at your risk. A signature will be required at time of delivery of physical Product(s) and goods cannot be left without such signature. In the unlikely event a Product is damaged or lost in transit, we shall endeavour to supply a replacement as soon as possible. If we cannot supply an identical Product, we will offer you an alternative similar Product and/or issue a credit note. It is your responsibility to pay any and all local customs, import taxes and/or fees. If you refuse to pay these charges, your Product may become unavailable to you and CubicAudio shall not be responsible for any such abandoned goods. Please note that no title of the relevant goods shall pass to you until payment has been received in full and delivery has been completed. We will notify you in writing when the Goods will be delivered. The Website specifically states that the Goods which you have ordered are subject to additional delivery times and/or charges if the Delivery Address is outside mainland UK (which excludes the Channel Islands, Shetland Islands, Northern Ireland, Isle of Man, Scottish Islands and Scilly Islands).





10. Liability. User agrees that the liability of CubicAudio to User under this Agreement shall be limited to the amount User has actually paid to CubicAudio for its goods or services. Except as set out herein, we do not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of CubicAudio.



11. Disclaimer. All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.



12. Indemnity. User agrees to indemnify CubicAudio for any loss or damage that may be incurred by CubicAudio, including without limitation legal fees, arising from User""s use of the Site or User""s use of any material or information obtained through the Site.



13. Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, "CubicAudio") are the trade marks or trade names of CubicAudio or its trading partners unless otherwise stated.  You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of CubicAudio.



14. Variation. This Agreement and/or prices of Products and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms/prices have been posted on the Site. Userís continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.



15. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by CSR. CSR will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud CSR or any other parties through User""s use of the Site or services provided via the Site. CSR reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block Userís IP address or addresses at any time, and at our sole discretion to disallow User""s continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.



16. No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.



17. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.



18. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.



19. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

 

Website Visitor Agreement

 

ANY PERSON OR ENTITY ("User") VISITING, USING OR OTHERWISE ACCESSING THE SITE AT www.cubicaudio.co.uk (the "Site") OR ANY OF THE INFORMATION CONTAINED IN THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT ("Agreement"):

 

1. www.cubicaudio.co.uk. This Site, together with all products, data and other materials contained in the Site ("Content") is owned or controlled by CubicAudio, is referred to in this Visitor Agreement as "we", "us", "our" or "CubicAudio".

 

2. Use of the Site. This Site is intended only for the purposes specified on the Site. Use of the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law and is not intended as specific commercial or legal advice. Specifically, CSR does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. CubicAudio recommends that you activate a virus scan on downloaded files and that you keep a backup copy of your hard drive contents at all times.

 

3. Personal Data and Registration. Any personal information provided by you will be treated with appropriate care and security in accordance with our Privacy Policy. You must be register with the Site before you purchase or download any products. To register with the Site, you must agree to the terms of the Registered User Agreement and the Privacy Policy, agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User.  

 

4. Ownership of Content. CubicAudio, unless otherwise stated, owns or controls all relevant rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by UK or local law.  All products obtained from or through CubicAudio are for personal use only and must not be shared with any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. Automated or other electronically-assisted downloading software (other than as provided by CubicAudio) may not be used in conjunction with the Site in any way and use of any such software is expressly prohibited. The Content is subject to change at any time and CubicAudio gives no warranty or guarantee that any particular item of Content will be available at any given time (or at all).

 

5. Featured Links. The Site may display or refer to links to other websites from time to time. CubicAudio: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites.  If you decide to access linked websites, you do so at your own risk.  Any other website may link to our Site, provided it links only to the homepage, does not imply any endorsement of its products or services by CubicAudio, does not misrepresent its relationship with or present false information about CubicAudio, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that CubicAudio reserves the right to withdraw such permission at any time and to take any other appropriate action.

 

6. Hacking. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by CubicAudio. CubicAudio will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud CubicAudio or any other parties through User""s use of the Site or services provided via the Site. CubicAudio reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block Userís IP address or addresses at any time, and at our sole discretion to disallow User""s continued use of the Site without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

 

7. Complaints. If you believe that you are the owner of the copyright or other rights in any material(s) appearing on CubicAudio, and/or that ownership of the copyright or other rights in any material has been incorrectly used or represented on CubicAudio, please contact us via email or by post at the address written above.

 

8. Trade Marks. The brands, products and service names used in this Site (including without limitation, "CubicAudio") are the trade marks or trade names of CubicAudio or its trading partners unless otherwise stated.  You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of CubicAudio.

 

9. Limitation of Liability. User agrees that the liability of CubicAudio to User under this Agreement shall be limited to the amount User has actually paid to CubicAudio for its services. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of CubicAudio.

 

10. Indemnity. User agrees to indemnify CubicAudio for any loss or damage that may be incurred by CubicAudio, including without limitation legal fees, arising from User""s use of the Site or User""s use of any information obtained through the Site.

 

11. Severability. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

 

12. Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Userís continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

 

13. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.