About F9 Audio ltd

F9 Audio ltd is an electronic media company dedicated to advancing Music production. At www.f9-audio.com we sell electronically downloadable ‘Soundware’ products in the form of digital audio recordings, Presets and patches for a variety of 3rd party software, music production software, and other related materials. These products are for use by (but not limited to) musicians, music producers, composers, film editors and web designers.

Introduction

We aim to keep this agreement as clear as possible, though some legal language is necessary for compliance.

Your Acceptance of this Agreement

These terms of service are an agreement between you and F9 Audio Limited, trading as F9 Audio Limited ("company," "we," "our," or "us"). Our VAT number is 204991994. These terms, together with any documents they expressly incorporate (collectively, "terms of service"), govern your access to and use of f9-audio.myshopify.com, including all content, functionality, and services offered on or through the site (the "website"), whether as a guest or registered user. This store is powered by Shopify, and by using it, you also agree to abide by Shopify’s terms and conditions and privacy policy, which are incorporated here by reference.

Please review the terms of service carefully before using the website.

By using the website [or by clicking to accept or agree to these terms of service when presented with that option], you acknowledge and agree to be bound by these terms of service, Shopify’s terms and conditions, and our privacy policy. If you do not agree to these terms, you must not access or use the website.

You must be at least 13 years old to use this website. Children of all ages may use the website if enabled by a parent or legal guardian. If you are under 18, you confirm that you have your parent or guardian's permission to use the website, and they should review these terms of service with you. If you are a parent or guardian of a user under the age of 18, by allowing your child to use the website, you accept these terms of service and take responsibility for your child’s activity on the website.

By accessing and using this website, you:

• Accept and agree to be bound by these terms of service;
• Represent and warrant that you are of legal age to form a binding contract with us, as defined by applicable law; and
• Agree that if you access the website from a jurisdiction where such access is not permitted, you do so at your own risk.

 

Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Continuing to use the Website or making subsequent purchases following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Your Responsibilities

You are required to ensure that all persons who access the website are aware of this agreement and comply with it. Certain areas or content on the website may require user registration. As a condition of your use of the website, all information you provide must be accurate, current, and complete.

Any username, password, or other information chosen by you, or provided to you as part of our security procedures, must be kept confidential and not disclosed to any other person or entity. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other security breach. You also agree to log out from your account at the end of each session. You are responsible for any misuse of your password or unauthorised access.

You are solely and entirely responsible for your use of the website, as well as for the security of your computer, internet connection, and data.

Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Our Rights

We have the right, without provision of notice to:

• Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorised use of the Website; and
• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.

You waive and hold harmless the company, along with its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors, from any and all claims arising from any actions taken by the company or any of the above parties in connection with investigations conducted by the company or by law enforcement authorities.

Third-Party Links and Content

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Online Orders

Where an order indicates a license is being purchased:

All uses on this Website of the terms "sell", "sale", "resell", "resale", "purchase", "price", and the like mean the purchase or sale of a license;

Each good, digital product or information marketed as such on this Website is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license Terms of Service posted with or made available to you at https://www.f9-audio.com/pages/license;

You will comply with all terms and conditions of the applicable license Terms of Service for any goods, digital products or information you obtain through this Website, and you will not cause, induce, or permit others' non-compliance with the terms and conditions of any of license Terms of Services for the goods, digital products or information; and

Except for the limited license granted under the relevant license Terms of Service, nothing in these Terms of Service grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to, the good, digital product or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, digital product or information are and will remain with Company or its licensors, as applicable.

Payment and Fees

You may be required to purchase or pay a fee to access our services. We accept Shop Pay, PayPal, Visa, Mastercard and American Express for all purchases. However, Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase. If you authorise PayPal for future purchases, this Website will store an identification code linked to your PayPal account, which will authorise this Website to automatically process future payments or recurring instalments of past purchases. PayPal’s authorisation can be revoked at any time, either by contacting us or by changing the user settings offered by PayPal.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

From time to time, Company may offer a limited free trial and/or promotional codes for a specified period, which may be subject to additional terms. We have sole discretion to determine your eligibility for trials and/or promotional codes. If you are required to provide payment information in connection with your trial, your first payment will be charged to your chosen payment method following the expiration of the trial, unless earlier terminated in accordance with these Terms of Service. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.

Disclaimers, Liability and Indemnification

You understand and agree that your use of the website, its content, and any goods, digital products, services, information, or items found or obtained through the website is at your own risk. The website, its content, and any goods, services, digital products, information, or items found or obtained through the website are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

You acknowledge and agree that neither the company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement regarding the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its content, nor that any goods, services, digital products, information, or items found or obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that our website, the server that makes it available, or its content are free of viruses, harmful components, or destructive code.

Limitation of Liability

Except where such exclusions are prohibited by law, in no event shall the aggregate liability of the company, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors arising out of or related to these terms of service, goods, digital products, or information—whether arising out of or related to breach of contract, tort (including negligence), or otherwise—exceed the total amount paid to the company by you pursuant to these terms of service in the twelve (12) months prior to the claim being made. The foregoing limitations shall apply even if the remedies provided by the company under these terms of service fail in their essential purpose.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Website.

Dispute Resolution

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying United Kingdom law. (If multiple jurisdictions, under applicable laws).

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Governing Law

The website and these terms of service will be governed by and construed in accordance with the laws of the United Kingdom and any applicable federal laws therein, without giving effect to any choice or conflict of law provision, principle, or rule, regardless of your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this website or these terms of service will be brought in the courts of the United Kingdom, and each party irrevocably submits to the exclusive jurisdiction of these courts for any such action or proceeding. You waive any objections to the jurisdiction of these courts or to the venue within them.

If you are a resident of any European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these terms of service or the rights and obligations of the parties under them.

Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

Entire Terms of Service

These terms of service constitute the entire agreement between the parties concerning its subject matter and replace all prior or simultaneous terms, undertakings, arrangements, understandings, or statements of any kind made by or between the parties, whether oral or written (including draft versions). Each party acknowledges that they are not relying on any statements, warranties, or representations made by any party concerning the subject matter of these terms of service, except those expressly included in these terms. No party will have any rights or remedies regarding the subject matter other than those outlined in these terms, except in cases of fraud or fraudulent misrepresentation by another party. Any variation of these terms of service will be effective only if made in writing and signed by or on behalf of the company.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Notice

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to F9 Audio Limited, 30 Brunswick Road, Shoreham-By-Sea, BN43 5WB, East Sussex, GB . We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.