Welcome to the Universal Audio Website. By using the Universal Audio Website, you agree to be bound by these terms and conditions of use and privacy statement (“Agreement”). Before you continue, please read this Agreement carefully. This Universal Audio Website, including all of its features and content ("Site") is a service made available by Universal Audio, Inc. ("UA") and all content, information, trademarks, logos, copyrights, services and software ordered or provided on or through this Site ("Content") may be used solely under the following terms and conditions.
- LIMITED LICENSE. As a user of this Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site and Content in accordance with this Agreement. UA may terminate this license at any time for any reason. All Content is the sole and exclusive property of UA.
- LIMITATIONS ON USE. The Content on this Site is for your personal use only and NOT for commercial exploitation. You may not modify, reproduce, republish, distribute, or transmit any portion of the Content. Except as otherwise provided, UA does not grant you a license to any Content you may access on this Site, including, without limitation any patent, copyright, trademark or other intellectual property. You may not use any network monitoring or discovery software to determine the Site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site or the Content. You may not use this Site to transmit any false, misleading, infringing, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Site or Content. Any unauthorized use of this Site or its Content is prohibited. UNAUTHORIZED USE OF THE CONTENT MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS.
- SOFTWARE DOWNLOADS. Any software available to download from the Site is the copyrighted work of UA and/or its suppliers or licensors. Use of such software is governed by the terms and conditions of the end-user license agreement that accompanies or is included with the software.
- DISCONTINUATION OF PRODUCTS. UA reserves the rights to discontinue products, models, parts and accessories, and other items or change specifications at any time without notice or liability to any third party.
- 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 A PARENT OR GUARDIAN.
- CONTENT POSTED BY YOU TO THE UAD UNOFFICAL FORUM. Any content, data, ideas, graphics, messages, links, information, or other materials posted by you on the UAD Unofficial Forum (“Postings”) is subject to the terms and conditions of phpBB Group’s website located at http://www.studionu.com/uadforums/faq.php and by making Postings you agree to such terms and conditions (which are incorporated herein by reference). Should there be a conflict between this Agreement and third party terms and conditions, this Agreement shall govern. You grant UA a non-exclusive, irrevocable, royalty free, perpetual and worldwide license to such Postings. This license includes the worldwide perpetual right for UA, in its sole discretion, to post your Postings within any UA website (including the Site and forum) and the right to copy, edit, abridge, adapt, translate, reformat, display, transmit and distribute any Postings, and/or to incorporate any such Postings whether whole or in part into a collective work, database or archive. You agree that each Posting is not and will not be defamatory, illegal, misleading, indecent or obscene, in poor taste, threatening and/or otherwise objectionable and do not and will not violate or infringe upon the copyright, trademark, privacy, creative or other rights of any third party. You represent and warrant that you own and/or control all rights and have obtained all necessary consents and permissions to make such a Posting.. You are not required to include any information in any Postings that personally identifies you; however, if you choose to provide personal information within any Posting, you do so at your own risk. UA reserves the right, in its sole discretion, to post, or not post, and to remove any Posting for any reason at any time. UA may, but is not required, to screen content prior to any posting or use. UA may limit the length of any Posting. UA assumes no liability or responsibility arising from the contents of any such Postings or for any defamation, intellectual property infringement, inaccuracy, libel, obscenity, or profanity contained in any such Postings.
- THIRD PARTY CONTENT/LINKS. UA disclaims all liability for any content, data, information or other materials posted by third parties or any links leading to external third party websites or content, including without limitation Postings (“Third Party Content”), you may receive or any actions you may take or refrain from taking as a result of any Third Party Content. You are solely responsible for assessing and verifying the identity and trustworthiness of any Third Party Content. UA assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of any Third Party Content.
- ADVERTISEMENTS. This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. UA will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
- INTERNATIONAL INFORMATION. This Site may be accessed by users internationally and may contain references or cross references to UA products, services, or programs that are not available in your country. Such references do not imply that UA intends to make available in your country such products, services, or programs or that such may lawfully be used or imported in your country.
- REGISTRATION. Certain sections of this Site may require you to register. If registration is requested, you agree to provide your true name and accurate and complete registration information. It is your responsibility to inform UA of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. UA does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify UA immediately by emailing email@example.com.
- DISCLAIMER OF WARRANTIES. THIS SITE, THE CONTENT, POSTINGS AND THIRD PARTY CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. UA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UA AND ITS LICENSORS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO THE CONTENT, POSTINGS, THIRD PARTY CONTENT, OR USE OF THE SITE INCLUDING WITHOUT LIMITATION (i) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, THE CONTENT, AND THIRD PARTY CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (ii) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (iii) THE SECURITY, RELIABILITY, UNAVAILABILITY OF THIS SITE, THE CONTENT, POSTINGS, THIRD PARTY CONTENT OR ANY PORTION THEREOF, OR (iv) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, THE CONTENT, OR THIRD PARTY CONTENT.
- LIMITATON OF LIABILITY. NEITHER UA NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, THE CONTENT, THIRD PARTY CONTENT, OR POSTINGS. NEITHER UA NOR ITS LICENCORS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE OBLIGATION OF UA AND/OR ITS LICENSORS TO YOU FOR DAMAGES SHALL BE LIMITED TO $50.00.
- INDEMNITY. You agree to indemnify, defend and hold UA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you or arising from or related to any Postings uploaded or submitted by you.
- AUTHORITY TO ENTER INTO THIS AGREEMENT. You hereby represent, warrant, and covenant for the benefit of UA and its licensors that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; and (2) all information you provide to UA in connection with this Agreement and your access to the Site and use of the Content is correct and current.
- UNLAWFUL ACTIVITY. UA reserves the right to investigate complaints or reported violations of this Agreement and to take any action UA deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
- UA TRADEMARKS. UNIVERSAL AUDIO®, HELIOS™, 1176LN®,LA-3A®, LA-2A®, UA™, UAUDIO™, DREAMVERB®, POWERED PLUG-INS®, TELETRONIX®, and 1176 LN® are among the trademarks, trade names, and service marks owned by UA that may appear on the Site, many of which are registered in the United States and other countries. This is not a comprehensive list of all UA trademarks. All UA trademarks inure to the benefit of UA. Other trademarks and trade names that may appear on the Site and which are not owned by UA and owned by the respective owners.
- NOTICE OF COPYRIGHT INFRINGEMENT. If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with UA’s Designated Agent as set forth below. Notification of copyright infringement should include the following information and may be sent to UA’s Designated Agent by mail, fax or email:
- the identity of the infringed work, and of the allegedly infringing work;
- Your name, address, daytime phone number, and e‑mail address, if available;
- a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
- a statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
- Your electronic or physical signature.
Designated Agent: Web Master
Address: Universal Audio, Inc., 4585 Scotts Valley Dr., Scotts Valley CA 95066
Telephone Number: (831) 440-1176 Fax Number: (831) 461-1550
Email Address: firstname.lastname@example.org
- Modifications. UA may modify or terminate the Site or Content from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. UA reserves the right to modify the terms and conditions of this Agreement from time to time without notice. Please review these terms from time to time so that you will be apprised of any changes.
- Governing Law and Jurisdiction. THIS AGREEMENT IS MADE UNDER, AND WILL BE CONSTRUED ACCORDING TO, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. Subject to the last sentence of this section, any claim, dispute or controversy arising out of or relating to this Agreement shall be resolved by arbitration in accordance with the provisions of the commercial or business rules of the American Arbitration Association. The arbitration shall be held in Santa Clara, California. Notwithstanding the foregoing, a party may seek preliminary judicial relief (such as a preliminary injunction) from the state and federal courts located in Santa Clara County, California if, in its judgment, such action is necessary to avoid irreparable damage, and such courts shall have exclusive jurisdiction and venue over all matters relating to such preliminary relief.
- Severability. In the event that a provision of this Agreement is invalid, the parties agree that the remaining portions of this Agreement will remain valid, and further agree to substitute for the invalid provision a valid provision, which most closely approximates the intent and effect of the invalid provision.
- Entire Agreement. This Agreement sets forth the entire agreement of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with the respect to the same.