Please read the following terms and conditions which govern your use of and access to the website located at axechange.fractalaudio.com and all associated sites linked to axechange.fractalaudio.com by Fractal Audio Systems, its subsidiaries and affiliates, including Fractal Audio sites around the world (collectively "Website") and your relationship with Fractal Audio Systems, LLC., its subsidiaries and affiliates (collectively "Fractal Audio") and its licensors associated with this Website. Your use of this Website denotes your acceptance to the terms and conditions herein and the Fractal Audio Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THIS WEBSITE.
Fractal Audio may change the terms and conditions herein from time to time and at any time without notice to you by posting such changes on this Website. By using this Website after any changes to these terms and conditions, you agree to be bound by any such changes. Please periodically visit this section of the Website to review the current version of these Terms of Use.
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.
Forums and User Submissions. Registered users are allowed to post materials or information (including, without limitation, preset data files, impulse response data files, resumes, personal information, graphics, images, opinions, comments, questions, product feedback, audio, and musical recording) on certain portions of the Website ("User Submissions"). A User Submission is intended to be publicly available to all users of the Website and is deemed non-confidential and non-proprietary. By using these areas of the Website and posting or transmitting to Fractal Audio for posting such User Submissions, you thereby acknowledge and agree that all User Submissions are publicly available to any viewer of the Website. You further acknowledge and agree that Fractal Audio shall have no responsibility, liability, or obligation to you with regard to the User Submissions, its protection, its use or misuse in anyway whatsoever by any entity, including but not limited to Fractal Audio itself. Fractal Audio shall be free to reproduce, use, disclose, modify, display and distribute the User Submissions to others without limitation. By transmitting such User Submissions to Fractal Audio, you grant to Fractal Audio a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use and reuse such User submissions for any purposes whatsoever. Without limiting the foregoing, you agree that the User Submissions are exempt from the application of Fractal Audio's Privacy Policy and Fractal Audio has no obligation to maintain the privacy of any User Submissions. Fractal Audio retains the right to prohibit any user from posting User Submissions on the Website at any time in its sole discretion.
Monitoring User Submissions. Fractal Audio does not pre-screen or have an obligation to monitor User Submissions. However, you acknowledge and agree that Fractal Audio shall, in its sole discretion, retain the right to monitor the Website and refuse to post, edit, move or remove any User Submissions, in whole or in part, that Fractal Audio, in its sole and absolute discretion, deems unacceptable, undesirable, inappropriate or in violation of these Terms of Use. Fractal Audio may also disclose any information, as it may deem necessary or appropriate to satisfy any law, regulation or other governmental requires to operate the Website properly, to protect Fractal Audio, its customers or users of the Website. Fractal Audio does not accept any responsibility or liability for the accuracy of or omissions in any User Submissions. Inclusion of User Submissions on this Website does not imply any endorsement by Fractal Audio of the User Submissions.
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 feedback@fractalaudio.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.
Additional terms and conditions may apply to purchases of goods or services all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any product or service offered on or through the Website, the latter terms shall control with respect to your purchase of such goods or services or your use of that portion of the Website.
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.
Violation of Terms of Use. You acknowledge that Fractal Audio has the right, in its sole discretion, to terminate your access to the Website, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of Fractal Audio, interfere with any other user's access or use of the Website, or if Fractal Audio decides that your use is otherwise detrimental to Fractal Audio, the Website, or Fractal Audio’s suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact Fractal Audio at service@fractalaudio.com. Fractal Audio may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. Fractal Audio does not have any obligation or liability to you for the performance or nonperformance of those activities.
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