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 43 Brook Green, London W8 7EF.  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

 

Orders

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 on 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.

  

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