Terms & Conditions
Welcome to www.abbeyroadplugins.com (the “Website”).
EMI
Group provides access to the Website subject to the terms and conditions and
acceptable use policy set out below. The Privacy Policy is also applicable to the use of the Website.
Please read carefully the following Terms and Conditions.
They apply to the Website (as defined below), which is owned and operated by
members of the EMI Group and, by accessing the Website you are agreeing to
abide by and be bound by such Terms and Conditions. Please print a copy for
your records.
Information About Us
www.abbeyroadplugins.com
is a site operated by Abbey Road Studios, part of EMI Records Limited ("We"). We are registered in England and Wales under company number 00068172
and have our registered office at 27 Wrights Lane, London W8 5SW. Our main trading address in connection with
the services provided through this site is 3 Abbey Road, St John’s Wood, London
NW8 9AY. Our VAT number is GB676 0158 26. We are a subsidiary of EMI Group plc. If you
would like to contact us in relation to this website, click here
No charge is made for your use of the Website (unless
otherwise stated), although you should be aware that telephone call charges, at
rates determined by your telephone operator, may apply.
1. Definitions
In these Terms and Conditions the following terms shall have
the meanings set out below:
(a) "Micro Site" means any page on the Website;
(b) "EMI Group" means EMI Group Limited (whose
registered office is at 27 Wrights
Lane, London W8 5SW) and any subsidiary from time
to time of EMI Group Limited, also refereed to as "we",
"us" and "our". Holding company and subsidiary shall be
construed in accordance with sections 736 and 736A of the Companies Act 1985;
(c) "Trade Marks" means any of the registered or
unregistered trade marks any associated word or device marks and combinations
or the same;
(d) "Website" means any and all information, data
or operations that EMI makes available to You through your web browser and
related web technologies as part of www.abbeyroadplugins.com.
2. Acceptable Use
Policy
(a) You agree to abide by all applicable laws, regulations
and codes of conduct in connection with your use of the Website and ensure that
your use of it does not interfere with the rights of others.
(b) All material on the Website and any material sent to you
by e-mail or any other form from the Website (the "content") or in
any way relating to the Website belongs to our licensors or us.
(c) We, or our licensors, own the copyright and all other
intellectual property rights associated with the content, save where otherwise
stated.
(d) All content
included on the Website, such as text, documents, graphics logos, button icons,
images, audio clips, digital downloads, date compilations, and software, is the
property of EMI Group or its content suppliers and is protected by copyright
and database right laws around the world. The compilation of all content on the
Website is the exclusive property of EMI Group and is protected by copyright
and database right laws around the world. All software used on this Website is
the property of EMI Group or our software suppliers and is protected by
copyright laws around the world.
(e) You may not systematically extract and/or re-utilise
parts of the contents of the Website without EMI Group's prior express written
consent. In particular, you may not utilise any data mining, robots, or similar
data gathering and extraction tools to extract (whether once or many times) for
re-utilisation of any substantial parts of the Website, without EMI Group's
prior express written consent. You also may not create and/or publish your own
database that features material taken from the Website.
(f) We grant you a limited licence to access the Website for
your personal use only. You may not do any of the following without prior
written permission from us:
·
reproduce
save for caching or modify in any way,
redistribute or commercially exploit any of the content except where expressly
permitted by EMI Group;
·
remove
the copyright or trade mark notice(s) from any copies of content made in
accordance with these Terms and Conditions.;
·
create
a database in electronic or structured manual form by systematically
downloading and storing all and any of the content.
(g) You acknowledge that we own the Trade Marks and that you may not use any of them without
our prior written permission. Other names and logos mentioned or displayed in
the Website may be the trade marks, service marks or trading names of third
parties. To check whether any product or service is a registered trade mark of
ours please contact: Head of Trade Marks
at EMI Music, 27 Wrights Lane,
London W8 5SW.
(h) EMI Group's graphics, logos, page headers, button icons,
scripts and service names are the Trade Marks
of EMI Group. EMI Group's Trade Marks
and trade dress may not be used in connection with any product or service that
is not EMI Group's, in any manner that is likely to cause confusion or in any
manner that disparages or discredits EMI Group. All other Trade Marks not owned by EMI Group that appear on this Website
are the property of their respective owners, who may or may not be affiliated
with, or connected to by EMI Group.
(i) In accessing the Website you agree not to:
· impersonate another person or use a
false name or a name you are unauthorised to use or create a false identity or
e-mail address or try to mislead others as to the identity or origin of any
communications;
· modify, access or make available
data stored on a computer device which you have accessed through our Website;
· make available or upload files that
contain software or other material, data or information not owned or licensed
to you or collect information about others without EMI Group's prior written
consent;
· damage, interfere with or disrupt
access to the Website or do anything which may interrupt or impair its
functionality;
· publish, post, distribute,
disseminate or otherwise transmit defamatory, offensive, infringing, obscene,
indecent or other unlawful or objectionable material or information;
· threaten, harass, stalk, abuse,
disrupt or otherwise violate the rights (including rights of privacy and
publicity) of others;
· make available, upload or distribute
by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful
software;
· falsify the true ownership of
software or other material or information contained in files made available via
the Website;
· obtain or attempt to obtain
unauthorised access, through whatever means, to the Website, other services or
computer systems or areas of our or any of our partners' networks;
· set up links from any website
controlled by you to any Micro Site without our express prior written
permission.
· use the Website for fraudulent
purposes, or in connection with a criminal offence or other unlawful activity.
(j) We retain the absolute right to prevent you from
accessing the Website, terminate accounts, remove or edit content at our
discretion without prejudice to any of our accrued rights, where without
limitation, we in our sole discretion consider that you are contravening our
Acceptable Use Policy (as set out in this clause 2) or any other term or
condition of these Terms and Conditions.
(k) You agree to abide by the terms of any copyright notice
which appears on any Micro Site on the Website which may contain all or any of
the following notices:
· all materials embodied on the Website,
including without limitation any software, images, photographs, artwork audio
and audio visual content are owned by EMI Group Limited and its affiliates;
· all materials are the subject of
copyright and or Trade Mark
protection;
Save where you have been issued with a trial licence or have
purchased a plug-in no materials on the Website may be reproduced, stored in
any retrieval system, distributed or transmitted in whole or in part, be
adapted, changed or otherwise altered in any way whatsoever without the express
prior written permission of EMI Group plc and its affiliates.
3. Limited License to use the Website
(a) EMI Group grants you a limited license to access this Website
but not to modify it, or any portion of it, except with express prior written
consent of EMI Group.
(b) You may not frame or use framing techniques to enclose
any Trade Mark, logo, or other proprietary information (including images, text,
page layout or form) of EMI Group without express written consent.
(c) You may not use meta tags or any other "hidden
text" utilising EMI Group's names or trademarks without the express
written consent of EMI Group. Any unauthorised use terminates the permission or
license granted by EMI Group.
4. Website
(a) We take all such steps as are reasonably necessary to
provide a fast and reliable service. However, due to the nature of the
Internet, this cannot be guaranteed. Also your access to the Website may also
be occasionally suspended or restricted to allow for repairs maintenance or the
introduction of new facilities or services. We exclude to the fullest extent
permitted by law any liability for the security of the services on the Website
or for any disruption of the Website however caused, loss of or corruption of
any material in transit or loss of or corruption of material when downloaded
onto any computer systems.
(b) We provide the Website on an "as is" basis and
make no representations or warranties of any kind as to the Website or the
content. We make no representations or warranties about the accuracy,
completeness or suitability for any purpose of the content published on the Website.
All warranties and other terms which might be implied by statute, common law or
the law of equity are hereby excluded. Any
liability, however it occurs, for any such inaccuracies or errors is expressly
excluded to the fullest extent permitted by law.
6. Software and
Security
We are not responsible for any technical or other issues
that may arise if you download software from an external third party website
(e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of
the Website
7. Changes to these
Terms and Conditions
(a) We reserve the right to make changes to any part of the Website.
Due to our policy of updating and improving the Website, it may therefore be
necessary to change these Terms and Conditions. We indicate at the beginning of
these Terms and Conditions the date on which they were last updated.
(b) If you use the Website after we have published such
changes, you will be agreeing to be bound by those changes. If you do not agree
to be bound by them, you should not use the Website.
8. Termination
We may terminate the provision of the Website or restrict
your access to it without any prior notice to you where (by way of example and
without limitation):
· there is a regulatory or statutory
change that limits our ability to provide the Website
· any event beyond our reasonable
control prevents us from continuing to provide an Website (for example, without
limitation, technical difficulties, capacity problems and communications
failures); or
· we consider in our sole discretion
that you are abusing the services; provided by the Website or are otherwise
acting in beach of these Terms and Conditions.
9. Choice of Law and
Jurisdiction
These Terms and Conditions shall be governed by and
interpreted in accordance with English law and you irrevocably agree that the
courts of England shall have non-exclusive jurisdiction to settle any dispute
which may arise out of, under, or in connection with, these Terms and
Conditions although we retain the right to bring proceedings against you for
breach of these conditions in your country of residence or any other relevant
country.
10. General
You may not assign, sub-license or otherwise retransfer any
of your rights under these Terms and Conditions. If any part of these Terms and
Conditions is found to be invalid by any court having competent jurisdiction
and validity of the remaining terms will be unaffected. If either party does
not exercise a right or remedy under these Terms and Conditions, this will not
be taken to mean that they have been waived.
11. Contact
If you have any queries concerning any part of these Terms
and Conditions please contact us by post, using the address above, and stating
clearly the Website to which your query relates.
13. Information
Management
(a) Please review our Privacy Policy, which also regulates
your visit to our Website, to understand our practices.
(b) What else you should know about Privacy
Remember to close your browser when your have finished your
user session. This is to ensure that others cannot access your personal
information and correspondence if you share a computer with someone else or are
using a computer in a public place like a library or Internet cafe. You as an
individual are responsible for the security of, and access to, your own
computer.
12. Electronic
Communications
When you visit the Website
or send e-mails to us, you are communicating with us electronically. We
communicate with you by e-mail. For contractual purposes, you consent to
receive communications electronically and you agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. This condition does not affect your statutory rights.
13. Losses
EMI Group will be responsible for any losses you suffer as a
result of us breaching these conditions if the losses were reasonably
foreseeable to both you and us when you commenced using the Website. We will
not be responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any
other indirect or consequential loss that is not reasonably foreseeable to both
you and us when you commenced using the Website. EMI Group does not limit in
any way our liability by law or death or personal injury caused from our
negligence or breach of duty.
14. Events beyond our
reasonable control
We will not be held responsible for any delay or failure to
comply with our obligations under these conditions if the delay or failure
arises from any cause which is beyond our reasonable control. This condition
does not affect your statutory rights.
15. Accuracy of
Content
EMI Group has taken every care in the preparation of the
content of this Website. However, any dimensions are approximate only. The
actual colours you see will depend on your monitor we cannot guarantee that
your monitor's display of any colour will accurately reflect the colour of the
image on delivery. To the extent permitted by applicable law, EMI Group
disclaims all warranties, express or implied, as to the accuracy of the
information contained in any of the materials on this Website. EMI Group shall
not be liable to any person for any loss or damage which may arise from the use
of any of the information contained in any of the materials on this Website.
16. Damage to your
Computer
EMI Group makes every effort to ensure that the Website is
free from viruses or defects. However we cannot guarantee that your use of this
Website won't cause damage to your computer. It is your responsibility to
ensure that the right equipment is available to use the Website and screen out
anything that may damage it. EMI Group shall not be liable to any person for
any loss or damage which may arise to computer equipment as a result of using
this Website.
17. Links from Our Site
Where our site contains links to other sites and resources
provided by third parties, these links are provided for your information only and do not represent an endorsement of the
site by EMI. We have no control over the
contents of those sites or resources, and accept no responsibility for them or
for any loss or damage that may arise from your use of them. For your own
protection please ensure that you read any privacy policy or terms and
conditions of use carefully.
18. Transactions Concluded Through Our Site
Contracts for the supply of goods formed through our site or
as a result of visits made by you are governed by our terms and conditions of sale.
Terms and Conditions
of Sale and
Trial
When you place an order to purchase
a plug-in from us or to begin a trial we
will send you an email concerning receipt of your order and the details.
Your order is an offer that we
accept and the email we send you is confirmation that we have accepted that
offer. Your order will usually be fulfilled within 24 hours and the plug-in
will be delivered to your iLok account. If you do not have an iLok account you
may acquire one from http://www.ilok.com.
Please do make sure before placing
an order for a purchase that you have checked that:
·
your
order details are correct
·
you
have the correct operating system on which the plug-ins will run; and
·
that
you have an iLok account.
More details are contained in our
support section and we recommend that you read these carefully before
proceeding to make a purchase.
You will be bound by these terms and
conditions on purchase and in respect of a trial, if you have any questions
regarding them or have questions regarding plug-ins please contact us at plugins@abbeyroad.com.
Please note that we may not keep a
record of this contract and you should print and retain a copy for your
records.
Description of Goods
We do our best to ensure that the
description of the plug-ins is clear and helpful, however, should you have any
questions please contact us at plugins@abbeyroad.com. We reserve the
right to adjust the price and specification of any item on this website at our
discretion. We may also withdraw items at any time and will not have any
liability for withdrawing such items.
Taxes
The prices shown are inclusive of
Value Added Tax. However, please note that if you are buying from outside the UK you
will be responsible for any import duties and taxes which may be payable.
Children
We do not sell products for purchase
by children. If you are under 18 please ask a parent or guardian to make the
purchase for you.
Payment Methods
Abbey Road plug-ins accepts the following credit and debit
cards: Visa, Mastercard and Visa Debit/Delta.
Cancellation Policy
All sales are final as steps are
taken to download the product to you immediately on our acceptance of your
order. As a result there is no right of cancellation.
Upgrades & Patches
Occasional updates and patches may be made available. These will be free of charge to customers unless otherwise indicated on the website.
Purchase
In connection with your purchase of
a plug-in product EMI grants to you a non-exclusive, non-transferable,
irrevocable licence to use the plug-in software for the purpose for which it
has been provided. Save to the extent permitted by applicable law you shall not
decompile, reverse engineer or modify or otherwise amend the plug-in software. You
agree not to copy (save to create a back-up copy), distribute or transmit the
plug-in software.
Notwithstanding the above you may
transfer the plug-in if you are transferring all the media on which it is
recorded and will cease to use or have access to a copy yourself. The person to
whom it is transferred will be subject to these same licence terms.
Trial
In connection with your trial of a
plug-in product EMI grants to you a non-exclusive, non-transferable licence to
use the plug-in software solely for the period of ten days to evaluate the
plug-in. Save to the extent permitted by applicable law you shall not
decompile, reverse engineer or modify or otherwise amend the plug-in software.
You agree not to copy, distribute or transmit the plug-in software.
Intellectual Property Rights
Except for the licence set out
above, all other rights in the plug-in software are reserved to EMI and you may
only use the plug-ins as set out in the licence.
Warranties
EMI warrants that the plug-in will
be delivered free from defects under normal use as outlined in the plug-in license agreement, save
as expressly set out and solely to the extent permitted under applicable law
all other warranties, express and implied are excluded.
If a plug-in is defective, EMI’s
sole responsibility and your sole remedy shall be to repair or replace that
plug-in.
These terms and conditions of sale
form part of the terms and conditions of use of the site. In the event of any
conflict between these terms and conditions of sale and those of those for use
of the site these terms and conditions of sale shall prevail.
If you experience any problems with
your plug-in please contact us at plugins@abbeyroad.com.