Terms and Conditions of Use
The Neyrinck website at www.neyrinck.com (the “Site”) is a copyrighted work belonging to Neyrinck. Neyrinck grants you the right to use the Site subject to the terms and conditions of use (“Terms of Use”) set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
License
Subject to these Terms of Use, Neyrinck grants you a limited, royalty-free license to view the materials contained on the Site (the “Materials”) and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Neyrinck server. You are not granted any right to use Neyrinck trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Neyrinck.
Modification
Neyrinck reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Neyrinck will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Secured Areas
Your use of any areas of the Site secured by a user name/login screen (“Secured Areas”), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Site Use Rules
Our Site may only be used for lawful purposes. Neyrinck specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
1. Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
2. Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
3. Deleting or revising any material posted by any other person or entity;
4. If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
5. Harming minors in any way;
6. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
7. Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.
We do not knowingly collect identifiable information from anyone under thirteen years of age.
Registration and Passwords
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.
Shipping and Return
Software products that are iLok licenses only are not returnable. If you experience any problems or are not able to properly download your software, contact us. Downloadable software products (not subscriptions) purchased from the store are returnable within 30 days. All returns must be accompanied by a return authorization number (RMA#). To obtain an authorization number and return information, contact customer support. Once you have obtained a RMA you may send your return to the appropriate address. We will only pay for the return shipping costs if the return is a result of our error (incorrect or defective item).
For subscriptions the 14-day return period begins when the product is delivered electronically to your account and made available for download.We will deduct a 10% fee from the refund. The subscription license will continue to be active and will expire one month after the purchase date. We will refund your initial subscription or renewal payment provided that you cancel your subscription during the 14 day period following the initial subscription date or the Renewal Date, as applicable. After the end of the applicable 14 day refund period, your 12-month subscription payment is non-refundable.
Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Neyrinck EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Copyright
The Site and the Materials are copyrighted works of Neyrinck. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Neyrinck.
Amendment
Neyrinck may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.