TERMS OF USE
December 26th 2018
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE
Process.audio is on online software store as well as a software rental service provider. (collectively, the "Site").
On the Process.audio site, you will be able to purchase or rent software (collectively the Products) or read blog and download audio sessions and video tutorials (collectively the Services)
To access the Process.audio Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting, or browsing the Process.audio Site or using any of the Process.audio Services or Software you are agreeing to these Terms. If you do not agree to these Terms of Use, do not use the Process.audio Services, including our website and software. Please read them carefully.
If you have any questions or comments about these Terms, please contact us at: contact@process.audio.
2. CHANGES TO THE TERMS OF USE BY PROCESS.AUDIO
Process.audio reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion on the Process.audio site at https://process.audio/terms-of-use. The most current version of the Terms of Use will supersede all previous versions.
3. ACCESS AND USE OF THE PROCESS.AUDIO SERVICES
Age Limitations.
If you are under the age of 18 we ask that you do not register, download software, enter contests, post materials on forums, or make purchases on the Process.audio website without specific parental permission.
Intellectual Property, Copyright.
You agree that Process.audio owns and retains all rights to the Process.audio Services. You further agree that the content you access, view and download as part of the Process.audio Services is owned or controlled by Process.audio and Process.audio's licensors. The Process.audio Services and the Content are protected by copyright, trademark, and other intellectual property laws.
The Process.audio Services, including all content included on the Process.audio Site as part of the service, including videos you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, are the property of Process.audio or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties.
Content shall not be reproduced or used without express written permission from Process.audio or its suppliers.
The use of the Process.audio Services, including videos made available to you by us, is solely for your personal and non-commercial use.
If Process.audio determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Process.audio Products and Services such as revoking your Licenses.
Customer Service.
If we can be of help to you, please do not hesitate to contact our customer service department at contact@process.audio. It would be our pleasure to serve you.
Privacy and Communications Preferences.
Any personally identifying information submitted through the Process.audio Site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. For example, Process.audio may send you newsletters about new Process.audio features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply unsubscribe from the newsletter.
How Our Services and Products Works.
Process.audio sells and rents software (the Products) through his Site. Some Products are free-of-charge and some of them require the purchase of a perpetual or time limited license.
All our pay-for Products are also made available in a 14-day free trial with no obligation to buy after the trial period has expired. We suggest you try our Products for free before purchasing them.
All our pay-for Products are protected by iLok 2+ dongle or iLok Cloud. If you wish to use our Products, you will need to create a free iLok Cloud account at iLok.com and make sure to have a high speed and stable internet connection when using our products, or purchase an iLok 2+ dongle in order to deposit your Product licenses for offline usage. If you do not wish to be connected to the internet while using our Products or do not wish to purchase an iLok 2+, you will not be able to use our Products.
4. PROCESS.AUDIO Orders and Subscriptions
A contract concerning delivery of goods or services only comes into effect once we have accepted an order for either delivery of goods or services or have notified a customer of a delivery. Process.audio Services and Products are made available via digital download immediately after purchase with a 14-day refund warranty.
To purchase payable Process.audio Products, you are expressly agreeing that we are authorized to charge you a fee and any applicable taxes through to the credit card or other payment method accepted by PayPal ("Payment Method") or any other payment methods that you provided during registration. You must deposit sufficient credit in through PayPal or your bank account, which may be made available to Process.audio.
Process.audio is not responsible for the content or practices of PayPal website or your personal bank. Please be careful to read the terms of use and privacy policy of PayPal before you provide any confidential information or engage in any transactions if you choose this Payment Method.
You can find the specific details regarding your account, licenses and subscription at any time by clicking on Your Account. You agree that your account is for individual use only.
4.1 Perpetual Licenses
Process.audio Products can be purchases and activated with a perpetual iLok license. Upon purchase you will be able to download your product and redeem your Perpetual License on your iLok manager. You will be able to activate your Product on 2 different devices (Cloud or Dongle).
4.2 Recurring Subscriptions
In the case of a Recurring Subscription, a subscription fee will be billed on each cycle renewal unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. Upon Recurring Subscription Purchase you will be able to download your product and redeem your expiring license on your iLok manager. You will be able to activate your Product on 2 different devices (Cloud or Dongle). Your license will automatically expire every month and will automatically renew itself as long as your Recurring Subscription is active.
You acknowledge that the amount billed each month or at the anniversary date of your billing cycle may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Process.audio changes the subscription fee from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
You are free to cancel the auto-renewal option of your Recurring Subscription at any time by clicking on Your Account and following the detailed procedure.
In the case of a simple Recurring Subscription, the current billing cycle will NOT BE REFUNDED and you will be able to use your Product for the whole duration of this very same billing cycle. The next billing cycles will NOT BE CHARGED AND YOU WILL NO LONGER HAVE ACCESS TO YOUR PRODUCT during the next cycles as the licenses associated to your Product will automatically expire.
4.3 pureMix NFRs
Process.audio entered into a partnership agreement with pureMix.net where all pureMix Pro Members get access to Process.audio Products. pureMix Pro Members will be able to redeem Expiring Non For Resale Licenses for certain Process.audio Products. (The NFRs). NFRs to pureMix pro members will be granted as long as your pureMix pro membership is active and will automatically be revoked when you pro membership expires or does not renew. You acknowledge that when the NFRs are revoked, you will no longer have access to Process.audio produts that you did not purchase specifically.
4.4 Free Trials Licences
Process.audio Products can be tested, free-of-charge for 14 days. You will need a free iLok Cloud account or an iLok 2+ dongle in order to test the product. There is no obligation to buy the Product during or after the trial period ends.
4.5 Credit Card Information.
For security reason Process.audio does not store your credit card information. Process.audio uses third party services in order to store in a secure vault. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information in this secure vault and you authorize us to continue billing your account with the updated information that we obtain.
5. REFUNDS
Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY UNUSED PRODUCTS OR PARTIALLY EXPIRED SUBSCRIPTIONS BILLING CYCLES.
However, Process.audio offers a fourteen (14) days money back guarantee during your first billing cycle in case of a recurring subscriptions or immediately after a one time purchase Product. If during the first 14 days of your purchase you decide that this product does not match your expectations, Process.audio will proceed with the refund of your order and revoke your License from your iLok account.
You can get in touch with our customer support at: contact@process.audio.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Process.audio. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Process.audio representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us at contact@process.audio as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by notifying us at contact@process.audio. Please identify your account (username) and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate or restrict your account or your use of the Process.audio Services or access to Content at any time, without notice or liability, if Process.audio determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Process.audio Services or access to Content if such use places an undue burden on our networks or servers.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about Process.audio's policies and practices regarding the collection and use of your personally identifiable information, please read Process.audio's Privacy Policy located here. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Process.audio Site and use of the Process.audio Services and Products on any of the Properties are governed by the Process.audio Privacy Policy in effect at the time of your use.
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
As part of the Process.audio Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Process.audio Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Process.audio Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material ; or (ii) improperly claims the identity of another person.
We permit you to post reviews and ratings of Products available through the Process.audio Services. We do not regularly review the content posted on the Process.audio Site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the videos and featuring persons; misleading information regarding the origin of the content; or a discussion of Process.audio policies or services.
8. LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations.
If we provide links or pointers to other websites or destinations, you should not infer or assume that Process.audio operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Process.audio Services, we will not warn you that you have left the Process.audio Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Process.audio Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.
Process.audio is not responsible for the content or practices of any website or destination other than the Process.audio Site, even if it links to the Process.audio Site and even if the website or destination is operated by a company affiliated or otherwise connected with Process.audio. By using the Process.audio Services, you acknowledge and agree that Process.audio is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Process.audio Site.
Advertisements.
Process.audio takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Process.audio Services are between you and the advertiser, and you agree that Process.audio is not liable for any loss or claim that you may have against an advertiser.
9. TRADEMARKS
Process.audio, the Process.audio logo, process.audio, and other Process.audio marks, graphics, logos, scripts, and sounds are trademarks of Process.audio. None of the Process.audio trademarks may be copied, downloaded, or otherwise exploited.
10. USE OF INFORMATION SUBMITTED
Process.audio is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”, “Request”, “ Comments”), including responses to questionnaires or through postings to the Process.audio Service, including the Process.audio Site and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Process.audio Service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Process.audio does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Process.audio. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Process.audio and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE PROCESS.AUDIO PRODUCTS AND SERVICES, YOU AGREE THAT USE OF THE PROCESS.AUDIO PRODUCTS AND SERVICES IS AT YOUR OWN RISK. THE PROCESS.AUDIO PRODUCTS AND SERVICES, INCLUDING THE PROCESS.AUDIO SITE, DOWNLOADABLE FILES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PROCESS.AUDIO DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE PROCESS.AUDIO PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, CPU FRIENDLY, OR RELIABLE.
IN NO EVENT SHALL PROCESS.AUDIO OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE " PROCESS.AUDIO PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE PROCESS.AUDIO SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE PROCESS.AUDIO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE PROCESS.AUDIO SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PROCESS.AUDIO PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE PROCESS.AUDIO SERVICES (INCLUDING YOUR USE OF THE CONTENT). PROCESS.AUDIO RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Thank you for taking the time to read these Terms of Use. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy the Process.audio Services!