Fractal Audio reserves the right to modify, revise or discontinue the Website, or any features, functionality or services provided as part of or in connection with the Website, without prior notice.
Children. This Website is intended for use by persons of age 18 or older and is not directed at children. Children under the age of 18 may use this site only with the supervision and consent of parent or guardian.
International Information. This Website may be accessed by users internationally and may contain references or cross references to Fractal Audio products, programs and services that are not available in your country. Such references do not imply that Fractal Audio intends to make available in your country such products, programs or services or that such product may lawfully be used in or imported into your country.
Linking and Framing. You are permitted to view the Website only in its full presentation form and are prohibited from "framing" the Website.
Website Content. All text, graphs, data, user interfaces, photographs, trademarks, logos, audio, video, artwork, computer code, software and other content appearing on this Website (collectively the "Content"), including, without limitation, the design, structure, expression and arrangement of the Content are the sole and exclusive property of Fractal Audio or Fractal Audio's licensors. Except as may otherwise be expressly provided in the Website, Fractal Audio does not grant you a license to any Content you may access on this Website, including, without limitation, any patent, copyright, trademark, service mark or other intellectual property of Fractal Audio or any third party. EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED FOR IN THE WEBSITE, YOU MAY NOT FOR ANY PURPOSE DOWNLOAD, DISTRIBUTE, REVERSE ENGINEER, EXCHANGE, MODIFY, SELL, RENT, LOAN, TRANSMIT OR SAVE A COPY OF ANY OF THE WEBSITE SCREENS OR CONTENT. UNAUTHORIZED USE OF THE CONTENT MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS. The use of any Content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use the Content except as expressly provided herein.
Fractal Audio Products. Fractal Audio reserves the right without prior notice to discontinue products, models, parts and accessories, and other items or change specifications at any time without notice or liability to any third party.
Third Party References. References to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Fractal Audio. Any views expressed by third parties on this Website are solely the views of such third party and Fractal Audio assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Objectionable Content. You acknowledge that by using the Website, you may access content that you may consider offensive, indecent or objectionable. It is your responsibility to evaluate, assess, and bear any risk, associated with the use of any Content.
Software Downloads. Any software available to download from the Website is the copyrighted work of Fractal Audio and/or its suppliers or licensors. Use of such software is governed by the terms of the end-user license agreement that accompanies or is included with the software ("EULA").
Contests, Sweepstakes, and Other Services. From time to time, you may be invited to participate in contests, sweepstakes, or similar events. Such events may require you to submit personal information to participate. Each event shall be subject to separate rules, and you should review all applicable rules before participating. The offer by Fractal Audio of a contest, sweepstake or similar event on the Website does not mean that it is applicable to your jurisdiction.
Links to Third Party Websites. This Website may contain links to or be accessed through links on world wide websites of Fractal Audio dealers and distributors and other third parties. Fractal Audio dealers and distributors are independent contractors and are not agents of Fractal Audio. Fractal Audio does not have responsibly for the contents, availability, operation or performance of websites of Fractal Audio dealers or distributors, or any other web sites to which this Website may be linked to or from which this website may be accessed. Fractal Audio does not author, edit or monitor these links or web sites. You acknowledge and agree that Fractal Audio is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content available on external web sites or sources.
Your Use of User Submissions. Fractal Audio is not involved in any transactions between the users who submit User Submissions, and the users who view or use such information. Without limiting the generality of foregoing, Fractal Audio is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the User Submissions contained in the Website. Further, please note that Fractal Audio cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Website.
User Conduct. By posting User Submissions to the Website, you agree to the following conduct guidelines and warrant that:
License to use User Submissions. By submitting User Submissions for publication on the Website, you grant to Fractal Audio a perpetual, worldwide, royalty-free, irrevocable, sublicenceable, non-exclusive right to use, reproduce, display, modify, distribute, and create derivative works based upon (in any format whatsoever) the User Submissions for any purpose. You also hereby authorize any third party who lawfully accesses the User Submissions via the Website to make an electronic copy or print in hard copy the User Submissions, or portion thereof, solely for such third party's internal reference purposes within such third party's organization.
Links within User Submissions. If your User Submission includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to Fractal Audio a worldwide, royalty-free, sublicenceable, non-exclusive right to display the Posted Links for so long as the User Submission is available on the Website. Fractal Audio requires that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link to. Fractal Audio reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever. Inclusion of any links (Posted Links or others) in User Submissions does not imply any endorsement by or responsibility of Fractal Audio with regard to the contents of sites related to Posted Links.
Product Feedback; Relinquishment of All Rights. Fractal Audio appreciates hearing from its customers regarding our products. Comments regarding product feedback should only be submitted to Fractal Audio using theemail address email@example.com. All remarks, suggestions, ideas, graphics, or other information communicated to Fractal Audio through this address or the Website generally (collectively, the "Product Feedback") will forever be the property of Fractal Audio. Fractal Audio will not be required to treat any feedback as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Fractal Audio products or operations. Without limitation, Fractal Audio will have exclusive ownership of all present and future existing rights to the Product Feedback of every kind and nature, throughout the world. Fractal Audio will be entitled to use the Product Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Product Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Fractal Audio, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Fractal Audio may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Fractal Audio makes no commitment to update the materials on the Website with respect to such products and services.
Disclaimer. THE WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF INFORMATION OR SERVICES; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fractal Audio THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
NEITHER Fractal Audio NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fractal Audio HAS BEEN ADVISED OF THE POSSIBILITY OS SUCH DAMAGES), ARISING OUT OF (I) YOUR USE OF THE WEBSITE, (II) YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE WEBSITE, (IV) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF Fractal Audio OR ANY THIRD PARTY ON THE WEBSITE, OR (VI) OUT OF ANY BREACH OF ANY WARRANTY.
Because some state do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of Fractal Audio, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the maximum extent permitted by such state law.
Reservation of Rights. All Content made available on the Website shall be deemed and remain the property of Fractal Audio, and Fractal Audio shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information or Content which any user makes available through this Website. Fractal Audio shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by Fractal Audio in writing or required by law.
Indemnity. You agree to indemnify and hold Fractal Audio harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or any user of your account or related to any violation of these terms and conditions by you or any users of your account.
Trademarks of Fractal Audio. Fractal Audio Systems, the Fractal Audio Systems "5 circles" logo, Axe-Fx, Axe-Fx Standard, Axe-Fx Ultra, Axe-Fx II, Axe-Edit, Axe-Change, G2 Modeling Technology, and Virtual Vacuum Tube are among the trademarks, trade names, and service marks of Fractal Audio that may appear in this Website, many of which are registered in the United States and other countries. This is not a comprehensive list of all trademarks of Fractal Audio. All other names and marks mentioned in this Website are the trade names, trademarks or service marks of their respective owners.
Consent to Electronic Form of Contract. BY YOUR ACCESS AND USE OF THIS WEBSITE, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PROVISION OF NOTICE IN ELECTRONIC FORM. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by Fractal Audio. You acknowledge that you have the necessary hardware and software to access these provisions as posted on Fractal Audio's web sites and will maintain such hardware and software throughout your use of this Website. You may remove your consent to the electronic form of contracting with Fractal Audio, but in that event, you must provide notice pursuant to these provisions and your authorization to use and access this Website is immediately terminated.
General. The laws of New Hampshire and the United States shall govern use of this Website. Users agree that any action, suit, or proceedings arising from or related to use of the Website shall be brought exclusively in the federal or state courts in the State of New Hampshire without regard to choice of law or conflicts of law provisions. The failure of Fractal Audio to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.
Last Updated: May 2012