Terms Conditions | 2getheraudio | Music Production Software

This page contains the following legal documents relating to this website, and any other websites you visit owned or operated by or for Qubiq, LLC, whether or not operated or doing business under the brand “2getheraudio” (collectively, the “Websites”):

(i) a website disclaimer governing the use of the Websites; and

(ii) a download agreement governing the purchase and use of certain software, content and other resources from the Websites, which supplements the terms and conditions in our End User License Agreement, GDPR and Privacy Policy and other legal agreements posted on or related to the Websites (“Agreements”).

Disclaimer

This disclaimer governs your use of our Websites; by using our Websites, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our Websites.

Unless otherwise stated, we or our licensors own the intellectual property rights in the Websites and material on the Websites. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Websites for your own personal use, subject to the restrictions below.

You must not (save in accordance with the express terms of our download agreement): (a) republish material from the Websites; (b) sell, rent or otherwise sub-license material from the Websites; (c) show any material from the Websites in public; (d) reproduce, duplicate, copy or otherwise exploit material on our Websites for a commercial purpose; (e) edit or otherwise modify any material on the Websites; or (f) redistribute material from the Websites.

Nothing on the Websites should be construed or treated as legal advice. Whilst we endeavor to ensure that the information on the Websites is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Websites remains available or that the material on the Websites is kept up-to-date. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE WEBSITES AND THE USE OF THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND/OR THE USE OF REASONABLE CARE AND SKILL).

Nothing in this disclaimer will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in the download agreement and other agreements between you and the owners and operators of the Websites: (a) are subject to the preceding sentence; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of the disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to you in respect of any losses arising out of a force majeure event. We will not be liable to you in respect of any business losses. We will not be liable to you in respect of any loss of or damage to profits, income, revenue, or anticipated savings. We will not be liable to you in respect of any loss of use or production. We will not be liable to you in respect of any loss of management time or office time. We will not be liable to you in respect of any loss of business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage. You accept that we are a limited liability entity and we have a legitimate interest in limiting the personal liability of our officers, directors, shareholders, employees, agents and other representatives (collectively, “Representatives”). Having regard to that interest, you agree that you will not bring any claim personally against any Representative in respect of any losses you that you may suffer in connection with the downloads or the download agreement. This will not of course exclude the liability of Qubiq, LLC for the acts and omissions of its Representatives in violation or breach of the terms of the Agreements or applicable law.

We may revise this disclaimer from time-to-time. The revised disclaimer will apply to the use of our Websites from the date of the publication of the revised disclaimer on our Websites. Please check this page regularly to ensure you are familiar with the current version.

This disclaimer (together with the other Agreements) constitute the entire agreement between you and us in relation to your use of our Websites, and supersedes all previous agreements in respect of your use of the Websites.

This disclaimer will be governed by and construed in accordance with US law, and any disputes relating to this disclaimer will be governed by the laws of the Commonwealth of Massachusetts and subject to the exclusive jurisdiction of the Commonwealth of Massachusetts (providing that we may bring proceedings to enforce our contractual or intellectual property rights in the Commonwealth of Massachusetts any jurisdiction in which you are resident, established or operating).

Our address for correspondence is Qubiq, LLC, 1209 Orange Street Wilmington, Delaware 19801.

Download Agreement

(1) Introduction

Please read the download agreement and all other Agreements carefully. You will be asked to expressly agree to the download agreement and all other applicable Agreements before you place download material from our Websites. In the event of any conflict between the terms of this download agreement and the applicable provisions of the End User License Agreement (EULA) the terms of the EULA shall control.

(2) Interpretation

In the download agreement, “we” means Qubiq, LLC (including by not limited to Qubiq, LLC d/b/a 2getheraudio and “us” and “our” will be construed accordingly); “you” means our customer or potential customer for downloads (and “your” will be construed accordingly).

(3) Order process

The advertising of downloads on our Websites constitutes an “invitation to treat”; and your order for downloads constitutes a contractual offer. The download agreement will not come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into the download agreement, you will need to take the following steps: (i) you must add any downloads you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) you must provide your invoicing details, confirm your order and give your consent to the agreement; (iii) you will be transferred to the payment Website (“Payment Website”,) and the Payment Website will handle your payment; (v) we will send you an email containing a link to your document, or send you an email containing a copy of your document, or send you an email confirming that the download agreement has come into force (at which point, in each case, this download agreement will come into force).

We will not file a copy of the download agreement specifically in relation to your order. We may update the version of the download agreement on the Websites from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of the download agreement for your records.

The only language in which we provide the download agreement is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order using the Website’s interface.

(4) Downloads

Our Websites offers a range of downloadable software and other information, content and materials (collectively, “Content”). The Content may include template contracts and agreements, template terms and conditions, template letters, template policies and procedures, and other Content.

(5) Price and payment

Prices for downloads are as indicated on our Websites. It is possible that some of the prices on the Websites may be incorrect. We will verify prices as part of our sale procedures so that a download’s correct price will be stated when you pay for the download.

Payment must be made upon the submission of your order. We will withhold the downloads if the price is not received from you on time, in full, in cleared funds.

The prices on the Websites exclude taxes, including but not limited to value added taxes and charges, and may exclude certain shipping, handling and other fees, costs and expenses (where applicable).

Payment for all downloads must be made by through the Payment Website by credit or debit card, or through PayPal.

Prices for downloads are liable to change at any time, but changes will not affect download agreements that have come into force.

(6) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to the download agreement;

(d) you have or have access to the necessary computer systems, software and network connections to receive and enjoy the benefit of the downloads that you purchase.

(7) License to use downloads

Subject to your payment of the applicable price and compliance, and subject and subordinate to the terms of the other Agreements, we grant to you a worldwide non-exclusive license to make any Permitted Use of any Content; providing that you must not in any circumstances make any Prohibited Use of any Content.

The “Permitted Uses” are:

(a) downloading a copy of the Content you have purchased; and

(b) storing, viewing and editing Content on a single desktop, notebook or other computer, solely to the extent permitted by the applicable Agreement;

The “Prohibited Uses” are (in addition to other prohibitions set forth in the Agreements):

(a) the sale, licensing, sub-licensing, renting, leasing or commercial distribution of any Content in any format;

(b) the publishing of any Content;

(c) the use of any Content in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable or in violation of any acceptable use policy which may be adopted by us from time-to-time and posted to the Websites;

(d) the use of any Content to compete with us, whether directly or indirectly.

This license is non-transferable.

All rights in the downloads not expressly granted in the download agreement are hereby reserved.

You must retain, and must not delete, obscure or remove, all copyright notices and other proprietary notices placed by us on any Content.

If you breach any of the terms of the download agreement, then the license set out in this Section will be automatically terminated upon such breach (whether or not we notify you of termination).

Upon the termination of the license set out in this Section, you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the Content(s) in your possession or control, and will permanently destroy any paper or other copies of the Content(s) in your possession or control.

(8) Consumer rights

Nothing in the download agreement affects any statutory rights you may have as a consumer.

Under Distance Selling Regulations and other applicable legal requirements, in certain instances consumers may have a “cooling off” period within which they have a right to cancel contracts for goods or services entered into via the internet. However, as soon as you pay for your order, we will automatically provide you with a link to your downloadable documents, and you acknowledge that, even if you are a consumer, you will have no right to cancel your order once the documents are available for download (save in accordance with the provisions of any express written warranty or guarantee we may elect to provide in our sole discretion).

Nothing in the download agreement affects any statutory rights you may have as a consumer.

The download agreement and other Agreements sets out the full extent of our obligations and liabilities in respect of the downloads and other Content supplied hereunder.

EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN IN WRITING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT ANY REPRESENTATION OR WARRANTY RELATED TO FITNESS FOR ANY GIVEN PURPOSE, MERCHANTABILITY, TITLE OR INFRINGEMENT.

(9) Refunds

If you are entitled to a refund under the express terms of this download agreement, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process any refund due to you, if any is expressly provided under the terms of this download agreement, as soon as practical and, in any event, within 30 days of the day we received your valid notice of cancellation.

(10) Force majeure

In this Section and Section 12 below, “force majeure event” means:

(a) any event which is beyond our reasonable control;

(b) hacker attacks, or virus or other malicious software attacks or infections;

(d) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under the download agreement, those obligations will be suspended for the duration of the force majeure event.

(11) Limitations of liability

Nothing in the download agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in the download agreement: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the download agreement or in relation to the subject matter of the download agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses.

We will not be liable to you in respect of any loss of or damage to profits, income, revenue, or anticipated savings.

We will not be liable to you in respect of any loss of use or production.

We will not be liable to you in respect of any loss of management time or office time.

We will not be liable to you in respect of any loss of business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Our aggregate liability to you in respect of a particular contract under the download agreement will not exceed the total amount paid or (if greater) payable by you to us under that contract.

You accept that we are a limited liability entity and we have a legitimate interest in limiting the personal liability of our partners, members and employees. Having regard to that interest, you agree that you will not bring any claim personally against any individual partners, members or employees in respect of any losses you that you may suffer in connection with the downloads or the download agreement. This will not of course exclude the liability of Qubiq, LLC for the acts and omissions of its partners, members and employees.

The limitations of liability in the download agreement protect any supplier of legal documents to us as they protect us.

(12) Indemnity

Except to the extent expressly prohibited by applicable law, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under the download agreement or any infringement by you of any of our or our licensors’ intellectual property rights.

(13) Download agreement termination

We may terminate a download agreement immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the download agreement, or if you commit any breach of your obligations to us under the download agreement or our Websites disclaimer.

(14) Consequences of termination

Upon the termination of the download agreement:

(a) we will cease to have any obligation to make available or deliver downloads which are undelivered at the date of termination;

(b) subject to Section 8, you will not be entitled to any refund and will continue to have an obligation to pay for downloads; and

(c) all the provisions of the download agreement (including without limitation the license in Section 7) will cease to have effect, except that Sections 12, 13, 15 and 16 will survive termination and have effect indefinitely.

(15) General terms

The download agreement may only be varied by an instrument in writing signed by both you and us. We may revise the download agreement published on our Websites from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of the download agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of the download agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of the download agreement.

You may not transfer, assign, charge, sub-contract, sub-license or otherwise deal in any of your rights or obligations arising under the download agreement. Any attempt by you to do so will be null and void. We may transfer, assign, charge, sub-contract, sub-license or otherwise deal in any or all of our rights or obligations arising under the download agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under the download agreement.

The limitations of warranties and liability in this download agreement protect all our third party suppliers of Content or other software, content, information and materials, which shall be included in the term Content for the purposes of the Agreements. Subject to this, the download agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement of the download agreement is not subject to the consent of any person who is not a party to the download agreement.

Subject to the first paragraph of Section 12: the Agreements contain the entire agreement and understanding of the parties in relation to the purchase of downloads from our Websites, and supersedes all previous agreements and understandings between the parties in relation to the purchase of downloads from our Websites; and each party acknowledges that no representations not expressly contained in the download agreement have been made by or on behalf of the other party in relation to the purchase of downloads from our Websites.