Terms of Service
These terms of service (“Terms of Service”) constitutes a legal agreement between you and Propellerhead Software AB, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden (“Propellerhead”) and govern your use of the service described under section 1.1. Please read this agreement carefully.
1.1 Propellerhead is the provider of a marketplace (the “Marketplace”) that allows you to purchase, download, view or use music hardware and software and ancillary products or services (collectively, the “Products”) for end user use under the terms and conditions set forth in these Terms of Service. Propellerhead's standard end user license agreement applies for licensing of Propellerhead software Products. Separate terms and conditions may apply with respect to hardware and use of Products other than through purchase/licensing. Products are provided by Propellerhead, but some Products may be the subject to additional third party terms and conditions in accordance with section 6.
Some Products may allow you to create, edit, upload, download, and use content via third party services. In order to use such third party service, you may be required to read and accept the terms and conditions pertaining to such third party service.
These Terms of Service apply to all users of the Marketplace. The service enabling your use of the Marketplace is referred to as the “Service”.
1.2 To use the Service you must first agree to these Terms of Service. If you do not accept these terms, you are not entitled to use the Service. You accept the Terms of Service (including any end user licenses and third party licenses referred to in the Terms of Service) by either creating a user account or otherwise clicking to agree or accept where these options are presented. You agree to comply with the Terms of Service and any applicable law, regulations or policies in the relevant jurisdiction.
1.3 Propellerhead may modify these Terms of Service by posting new or additional terms. Such modifications and additional terms will be incorporated into the agreement between you and Propellerhead. If you do not agree to the changes, you must notify Propellerhead and cease your use of the Service and any Product and Content obtained through the Service. Your continued use of the Service is your acceptance of the changed Terms of Service.
1.4 If you are under 18 years of age, you must have your parents or legal guardian’s permission to use the Service.
2. USE OF THE SERVICE
2.1 Products provided through the Service are licensed (or otherwise provided for your use) and not sold to you (save for hardware, accessories etc.). Propellerhead reserves all other rights not expressly granted in the Terms of Service.
2.2 In order to access certain features or services provided through the Service, you may be required to provide information about yourself; such as your name, address and billing details. You agree that any such information you provide to Propellerhead will always be accurate, complete and current at all times. Certain features or services may also require you to open a user account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Propellerhead immediately of any unauthorized use of your account or password.
2.4 You agree that you will not (i) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), (ii) use the Service to transfer or upload Content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property or (iii) use any of the Products or Content provided through the Service in a way that interferes or disrupts any servers, networks, or websites operated by Propellerhead or any third party or (iv) in any other manner misuse the Service or use the Service other than for the intended purpose.
2.5 You are responsible for backing up your own system, including any Products and content obtained through the Service.
2.6 You agree that Propellerhead and/or third parties own all rights to the Service and the Products available through the Service, including without limitation all applicable intellectual property rights. Intellectual property rights includes, without limitation, copyright, trademark rights, patent rights, design rights, trade secrets, know-how and any and all other proprietary rights worldwide.
2.7 You agree that you will not (i) copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Marketplace or the Products, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Service or the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Propellerhead’s or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service or the Products.
3. RULES OF CONDUCT AND CONTENT
Please be nice and thoughtful of others.
We want to keep everything running smoothly and be welcoming for everyone.
3.1 You agree that you will not use the Service to defame, harass, discriminate or threaten another person/company or in any other way violate rights. To the extent that the Service or a Product allows you to upload content (“Content”) the following applies. You agree to and warrant that the Content is created, owned or duly licensed by you. You may not upload Content that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have the permission from the rightful owner of the material. You may not upload Content or other material which promotes illegal activity, is racially or ethnically offensive, constitutes defamation or is otherwise discriminating or offensive in any other way.
3.2 Propellerhead reserves the right to immediately, without prior notice to you, remove any Content or other material from the Service that Propellerhead, in its sole discretion, deems to be in breach of these Terms of Service or any other terms or conditions posted on the Service or otherwise deems to constitute a misuse or a use of the Service for other than the intended purpose. Propellerhead reserves the right to terminate a user’s account if you take any action that Propellerhead determines is harmful to the Service or the use of the Service by others or is in violation of applicable law or these Terms of Service.
4. COPYRIGHT POLICY
4.1 Propellerhead respect the intellectual property rights of others and expects users of the Service to do the same. Propellerhead will respond to notices of alleged copyright infringement that are properly provided.
4.2 If you believe or suspect that Content on the Service or used in connection with a Product is in breach of the Terms of Service or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
4.3 Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is https://www.propellerheads.se/support/contact/copyright-claim/
5. PROVISION OF THE SERVICE AND PRODUCTS
5.1 Propellerhead reserves the right to modify, suspend or discontinue the Service (or any part of features thereof), at any time without prior notice to you. Propellerhead is not liable to you or any third party should it exercise such rights.
5.2 Propellerhead may make available to you various payment processing methods to enable or facilitate the purchase, licensing or other use of Products from the Service. You agree to abide by any relevant terms of service or other legal agreement, whether with Propellerhead or a third party, that governs your use of the given payment processing method. Any billing statement in relation to a purchase through the Service will be provided through your user account or by e-mail. For certain Products subscription may be available to you as an alternative to purchase/licensing of Products: additional information, prerequisites and applicable terms are set out on the Propellerhead web/Marketplace.
5.3 Save as provided in section 5.4, all sales, licensing and subscriptions are final and nonrefundable unless otherwise provided by mandatory law or expressly stated by Propellerhead. Unless otherwise expressly stated by Propellerhead, prices for Products offered through the Service may change at any time. Propellerhead do not provide price protection or refunds in the event of a price reduction or a promotional offering.
5.4 With exception to the sales and supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery as well as digital content which is not supplied on a tangible medium, consumers in a member state of the European Union may be entitled to a right of withdrawal (Sw: 'ångerrätt'). For further information, please see the Information concerning the exercise of the right of withdrawal, which forms an integrated part of these Terms of Service.
5.5 You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Service or the purchase or utilisation of Products through the Service, and that the reporting and payment of any such applicable taxes are your responsibility.
5.6 From time to time, Propellerhead may discover that a Product provided through the Service violates the agreement between Propellerhead and the developer of a Product or other legal agreements, laws or policies. Propellerhead reserves the right to immediately remove that Product from the Service without any prior notice to you.
6. THIRD PARTY TERMS
6.1 Certain Products available through the Service are developed and/or provided by third parties and contain third party terms and conditions that govern your use of such Products (“Third Party Terms”). For Rack Extension Products, such Third Party Terms can be found here: https://www.propellerheads.se/agreements#third-party-product-eula. Any dealings between you and such third party are solely between you and the third party. Propellerhead is not responsible or liable for any aspects of such dealings. The terms in these Terms of Service limiting Propellerhead’s liability also apply to your use of the third party Products to the extent that such terms are not covered by the Third Party Terms.
7. AUTOMATIC UPDATES
7.1 Products provided through the Service may communicate with Propellerhead’s servers, or a third party’s server, from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions and new versions. By installing the Products, you agree to such automatically requested and received updates.
8. EXPORT RESTRICTIONS
8.1 Products provided through the Service may be subject to laws or regulations relating to the control of imports and exports of the Products. You agree to comply with all such applicable laws and you shall not export or re-export directly or indirectly any part of the Products to any such country without first obtaining permission from the relevant authority.
9.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Propellerhead, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Service, including your downloading, uploading, installation, or use of any Products or Content, or your violation of these Terms of Service.
10.1 These Terms of Service will continue to apply until terminated by you or Propellerhead. Please note that a license to Content that you have uploaded cannot be terminated with retroactive effect and that your license still applies to use of Content uploaded before such termination.
10.2 If you want to terminate these Terms of Service, you may do so by notifying Propellerhead and ceasing your use of the Service and any Product (other than hardware and tangible items) and content obtained (if any) through the Service.
10.3 Propellerhead may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) if Propellerhead is required to do so by law; or (iii) if Propellerhead decides to no longer provide the Service.
11. DISCLAIMER OF WARRANTIES
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE AS WELL AS THE SERVICE ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICE CANNOT CHANGE.
11.2 YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
12. LIMITATIONS OF LIABILITY
12.1 SUBJECT ALWAYS TO SECTION 12.2, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPELLERHEAD AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, PROPELLERHEAD ́S LIABILITY SHALL NEVER EXCEED ONEHUNDRED (100) EUR.
12.2 Nothing in the Terms of Service will affect the statutory rights of any consumer nor exclude the liability of Propellerhead, its subsidiaries or affiliates for: (i) death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited by applicable law.
13.1 Propellerhead may assign, transfer, sell or otherwise dispose its rights and obligations under these Terms of Service, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.
13.2 Propellerhead may notify you with respect to the Service by sending an e-mail message to the e-mail address provided by you or by a posting on the Service. Notices shall become effective immediately.
13.3 These Terms of Service and the use of the Service are governed by Swedish law.
The Service is provided by Propellerhead Software AB (556546-2206),
SE-117 34 Stockholm,
Telephone: +46 8 556 08 400
Version dated: 2017-12-06