PRESONUS EXCHANGE TERMS OF SERVICE
We are PreSonus Software Limited, a company registered in Ireland under company number 463704 with our registered office at "Crannagh House", Old Clones Road, Belturbet, County Cavan, Ireland (the "Company"). The terms and conditions set out below govern your use of the PreSonus Exchange Service (the "Service"), either on our website studioone.presonus.com (the "Website") or in our application PreSonus Studio One (the "Application").
Please read these terms carefully and make sure that you understand them before proceeding. To agree to these terms, click "I Agree". If you do not agree to these terms, do not click "I Agree" you will not be granted use of the Service.
1.1 You may only access the Service and use its facilities if you have a valid and current Studio One licence.
1.2 By accessing the Service, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must not use the Service.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to upload content to the Service in the formats that are shown on the Add Content page of the Website. Content in any other format will be rejected.
2.2 You warrant that the copyright and other intellectual property rights in the material that you upload to the Service is owned entirely by you. In the event that you breach this clause [2.2] you hereby indemnify and shall keep indemnified the Company against any claims by third parties relating to breach of any third parties' copyright and/or intellectual property rights.
2.3 Any material that you download from the Service shall be used solely by you for your benefit and shall not be re-sold by you or any third party. You may use this content as part of your own recordings.
2.4 You acknowledge and agree that other users of the Service shall have the benefit of clause 2.3 in respect of material which you upload to the Service.
2.5 The Company reserves the right to refuse any material if it considers that the content of it is inappropriate.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that the Service is normally available 24 hours a day, the Company shall not be liable if for any reason the Service is unavailable at any time or for any period.
3.2 Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4.2 You are prohibited from posting uploading or transmitting to or from the Service any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
And hereby agree that you shall not do any of the foregoing.
5.1 The material available via the Service is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Service on the basis that the Company excludes all representations, warranties, conditions and other terms including, without limitation, the condition implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Service.
6.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Service), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Service in any way or in connection with the use, inability to use or the results of use of the Service and any material available for download from the Service, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Service or your downloading of any material from the Service or any websites linked to the Website.
6.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
- death or personal injury caused by negligence; or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
6.3 If your use of material via the Service results in the need for servicing, repair or correction of equipment, software or data, you shall assume and be responsible for all costs thereof.
7. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with Irish law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Irish courts.