END-USER LICENSE AGREEMENT FOR RIFFSTATION. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: RIFFSTATION’s End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and RIFFSTATION. For the RIFFSTATION software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and RIFFSTATION, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
Company may modify or amend this EULA at any time. All changes will be effective immediately upon their posting on RIFFSTATION. Material changes will be posted conspicuously on RIFFSTATION. By accessing RIFFSTATION, following posting of changes to the EULA, you agree to all such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows: (a) Installation and Use. RIFFSTATION grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed. (b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes. RIFFSTATION and any content viewed through RIFFSTATION are strictly for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable, license to access RIFFSTATION. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You are hereby prohibited from using RIFFSTATION for public performances.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. (b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from RIFFSTATION’s websites may be freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. (e) Support Services. RIFFSTATION may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. Use of RIFFSTATION.
a. You must be 16 years of age, or the age of majority in your province, territory or country, to become a member of RIFFSTATION. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian. The use of any RIFFSTATION 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 any patent, copyright, trademark, service mark or other intellectual property of Sonic Ladder or any third party, except as expressly provided herein. RIFFSTATION may be accessed by users internationally and may contain references or cross references to Sonic Ladder products, programs and services that are not available in your country. Such references do not imply that Sonic Ladder intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Sonic Ladder reserve the right without prior notice to discontinue products, programs or services or change specifications at any time without incurring any obligations to any party. Access to RIFFSTATION may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of RIFFSTATION constitutes consent to such monitoring. RIFFSTATION may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Sonic Ladder cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
b. You agree to use RIFFSTATION in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through RIFFSTATION without express written permission from Sonic Ladder and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in RIFFSTATION service; use any robot, spider, scraper or other automated means to access RIFFSTATION; decompile, reverse engineer or disassemble any software or other products or processes accessible through RIFFSTATION; insert any code or product or manipulate the RIFFSTATION Content in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with RIFFSTATION, including any software viruses or any other computer code, files or programs.
4. Your Account.
If you choose to register with RIFFSTATION, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Sonic Ladder by contacting us via email to firstname.lastname@example.org. You are solely responsible for your own losses and losses incurred by Sonic Ladder and others (including other users) due to any unauthorized use of your account.
ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion of Sonic Ladder and shall be provided on a non-precedential basis. You remain responsible for any uncollected amounts as a result of unsettled payments and you hereby authorize Sonic Ladder to continue billing the Payment Method.
Your RIFFSTATION membership may start with a free trial. The free trial period will vary depending on the then current promotion and will be specified in the terms of the free trial promotion. For combinations with other offers, restrictions may apply. Free trials are intended for new members and, under certain circumstances, former members. Sonic Ladder hereby reserves the right, in its absolute discretion, to determine your free trial eligibility.
Without prejudice to any other rights, RIFFSTATION may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by RIFFSTATION or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by RIFFSTATION. All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on RIFFSTATION are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of RIFFSTATION also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout RIFFSTATION. RIFFSTATION may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
8. NO WARRANTIES
RIFFSTATION expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. RIFFSTATION does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. RIFFSTATION makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. RIFFSTATION further expressly disclaims any warranty or representation to Authorized Users or to any third party. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE EULA SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these EULA shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
9. LIMITATION OF LIABILITY
In no event shall RIFFSTATION be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if RIFFSTATION has been advised of the possibility of such damages. In no event will RIFFSTATION be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. RIFFSTATION shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Riffstation is a trading name of Sonic Ladder Ltd., an audio technology company based in Dublin, Ireland.
SANDYFORD, DUBLIN 18
You and Sonic Ladder agree that any dispute, claim or controversy arising out of or relating in any way to the RIFFSTATION service or these EULA shall be determined by binding arbitration. You agree that, by agreeing to these EULA, the U.S. Federal Arbitration Act governs the interpretation and enforcement of these EULA and that you and RIFFSTATION are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your RIFFSTATION membership.
If you elect to seek arbitration you must first send to Sonic Ladder, by certified mail, a written Notice of your claim (“Notice”). The Notice to Sonic Ladder must be addressed to: General Counsel, Sonic Ladder, 1ST FLOOR, THE CONCOURSE, BEACON COURT, SANDYFORD, DUBLIN 18 (“Notice Address”). If Sonic Ladder initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Sonic Ladder, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Sonic Ladder and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or RIFFSTATION may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Arbitration shall take place in Los Angeles, California.
YOU AND RIFFSTATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
You agree to indemnify, defend and hold harmless Sonic Ladder, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of RIFFSTATION, your use of any material, information or data downloaded or otherwise obtained from RIFFSTATION, or your violation of these EULA, including your infringement of any intellectual property or other right of Sonic Ladder or any other person or entity.
12. Communications Preferences
By using the RIFFSTATION service, you consent to receiving electronic communications from RIFFSTATION relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the RIFFSTATION service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with RIFFSTATION. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new RIFFSTATION features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Statement for further detail on our marketing communications.
Sonic Ladder Ltd.
Sandyford, Dublin 18
Last Updated May 1, 2018