DISCLAIMER WEBSITE IMAGE LINE
When used in this Disclaimer, the following terms shall have the following meaning:
- Image Line: Image Line bvba, with registered office at Franklin Rooseveltlaan 348/D, BE-9000 Ghent (Belgium) and with company registration number BE 0452.440.860, [email protected];
- Website: www.image-line.com and derivatives, developed and administered by Image Line (such as but not limited to: www.image-line.com/be/audio, www.imageline.com, www.flstudio.com/net/org/eu/cn, www.flstudiomobile.com, www.flstudioapp.com, www.samplefusion.com, www.pluginspot.com, www.loopspot.com, www.dynamicloops.com, www.sytrus.com, www.visit.dj, www.ez-editor.com , www.ezgenerator.com/net, www.superwebsitebuilder.com, www.sitelizard.com, www.emageview.com and www.e-officedirect.com); and
- Visitor: any physical person who uses the Website.
2. Access to the Website
Access to the information on the Website is free of charge. Certain areas of the Website are reserved and linked to access modalities.
Consultation of the Website implies that the Visitor acknowledges and accepts the terms of this Disclaimer and undertakes to strictly comply with these terms. Image Line explicitly reserves the right to modify this Disclaimer at any time. The Visitor understands that it is his responsibility to periodically review the Disclaimer. Should the Visitor no longer agree to one or more provisions thereof, he should inform Image Line by email and his registration on the Website will be cancelled.
3. Information on the Website
Image Line manages the Website and continuously adapts it in order to inform the Visitors as adequately as possible.
If incorrect information would be published on the Website, Image Line will take reasonable steps to correct this after discovery thereof. However, Image Line is not liable for the accuracy or completeness of the information published on the Website. The information published on the Website is of general and informative nature and is not published for individual needs. The information is not necessarily complete or up-to-date nor does it entail any advice or professional recommendation. The Visitor is responsible for verifying the accuracy of the information on the Website.
The content of the Website (including hyperlinks to other websites) can be amended by Image Line at any time.
The creation of hyperlinks to the Website must be notified in advance to Image Line.
5. Intellectual Property
The Website and any material it contains, including but not limited to texts, data, graphics, pictures, sounds, videos, logos, icons and html-code, are protected by intellectual property rights, which are and remain the exclusive property of Image Line or third parties. Visitors undertake explicitly to respect the intellectual property rights of Image Line and/or third parties.
The Visitor may use the content of the Website for strictly personal and non-commercial purposes in accordance with the principles governing intellectual property law. Any other use in any form and by any means (such as but not limited to reproduction, distribution, sales, publication, modification, translation, use for commercial purposes) of the content of the Website is prohibited without prior written consent of Image Line.
Image Line reserves the right to take any action it deems necessary in order to prevent and/or stop the infringement of its intellectual property rights.
6. Security and downtime
To ensure the safety of its Website, Image Line will take all measures which are reasonably necessary to protect the Website. In the event of an attack on the Website, computer crime or any other unauthorized attempt to access the Website, Image Line will use all legal means at its disposal to protect the Website.
Considering the real-time nature of the Website, it is possible to experience some downtime. Although Image Line does its very best to keep the Website alive, Image Line cannot guarantee 100% up-time. In case of bandwidth stress (releases of new versions, etc.), Image Line retains the right to temporary cease the offering of samples for download.
7. Warranty and liability
All materials, including downloadable software, contained in the Website is provided ‘as is’ and without warranty of any kind to the extent allowed by the applicable law. While Image Line will use reasonable efforts to provide reliable information through its Website, Image Line does not warrant that the Website is up-to-date, free of inaccuracies, errors and/or omissions, viruses, worms, Trojan horses and the like, or that its content is appropriate for the Visitor’s particular use, and Image Line reserves the right to amend the information at any time without notice. Image Line does not warrant any results derived from the use of any software available on the Website. The Visitor is solely responsible for any use of the materials contained in the Website.
The information contained in the Website does not extend or modify the warranty that may apply to the Visitor as a result of a contractual relationship with Image Line.
By visiting the Website, the Visitor waives any claim against Image Line as regards to the use of the information on the Website. Moreover, by visiting the Website, the Visitor accepts all risks which are related to the use of the Website, such as but not limited to the risk of damage to his computer, software or data loss due to a virus.
Image Line cannot be held liable for any malfunctions, interruptions or errors in the Website nor for any improper or fraudulent use of the information on the Website.
Image Line will never be liable for any indirect, consequential or incidental damages, including but not limited to lost profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in the Website or any linked website.
In any event, the liability of Image Line for direct damages arising out of or in connection with the use, inability to use or reliance on any material contained in the Website or any linked website shall not exceed the Visitor’s registration fee.
8. Registration information
In consideration of payment of the Visitor’s license fee for on-line purchases, Image Line grants to the Visitor a non-exclusive license as described in the relevant End User License Agreement (EULA).
If the Visitor is the rightful owner of the FL Studio/Fruityloops box, Image Line grants to the Visitor a non-exclusive license as described in the FL Studio Box End User License Agreement (EULA).
In both cases (box owners need to register their box first), the Visitor will receive registration information, password and account information. The Visitor is responsible for maintaining the confidentiality of this information, and is fully responsible for all activities that occur under his password or account.
The Visitor also agrees not to transfer or make available this information to anyone else.
In case Image Line discovers or is informed of the fact that the Visitor’s registration information, password and/or account information has been made available to third parties in any way, it will immediately and without prior notification block the Visitor’s user account, which will result in the Visitor losing all rights he was granted under the license agreement concluded between the Visitor and Image Line as well as losing any credits the Visitor has built up in the Image Line store through the Image Line Affiliate Program or otherwise.
In such case the Visitor will not be entitled to any refunds whatsoever, and Image Line explicitly reserves the right to initiate legal action to recover the damages it suffered as a result thereof.
If the Visitor provides Image Line, by meaning of uploads, with sound recordings, musical works and/or other material (such as pictures, videos, song lyrics, etc.) (hereinafter the "Material") on the Website the following terms shall apply:
By uploading Material, the Visitor warrants that:
- such Material is the Visitor’s own original and creative work, and that the Visitor has the right to reproduce, make available and distribute the Material;
- such Material does not infringe upon any intellectual property or other rights of third parties; and
- the Visitor will indemnify and hold harmless Image Line against any claims it receives by third parties concerning such Material.
By uploading Material, the Visitor automatically grants to Image Line a non-exclusive, irrevocable, worldwide, royalty-free license to:
- reproduce, distribute, publicly perform, publicly display and digitally perform the uploaded Material in whole or in part;
- create and use samples of the uploaded Material solely for the purpose of demonstrating or promoting Image Line’s or the Visitor’s products or services;
- use any trademarks, service marks or trade names incorporated in the uploaded Material in connection with the Visitor’s material; and
- use the name and likeness of any individuals represented in the uploaded Material only in connection with the Visitor’s material.
The Visitor retains ownership of all intellectual property rights in his Material, without prejudice to the non-exclusive rights granted to Image Line under this provision.
Image Line reserves the right to remove the Visitor’s Material from the Websites without prior notice at its own sole discretion.
10. Downloads of samples, songs and loops
Every registered Visitor can, where indicated/offered, download samples from the Website. These sample downloads are offered ‘as is’.
The single-hit samples are royalty-free. This means that the Visitor can use the samples in his own compositions and songs without paying any further royalties. The Visitor is, however, not allowed to resell or redistribute any or all of the samples as a sample pack or on a sample CD or in any other way.
However, all other downloadable songs, loops and samples are protected by copyright. If the Visitor wishes to use this material in his own creations, he should contact the copyright owner(s) in question and ask for their permission. Image Line cannot be held responsible in any way for any copyright claims the Visitor receives relating to his unauthorized use of this material. In any case, Image Line offers these samples to stimulate creativity: be original, and do not simply copy them without adding an own ”creative touch“ to them.
- Purchased samples and loops content
All samples & loops content are royalty-free, unless otherwise stated. This means that the Visitor can use the samples & loops in his own compositions and songs without paying any further royalties.
The Visitor is, however, not allowed to resell or redistribute any or all of the samples or loops as separate packs or on a sample/loop CD or in any other way.
- Copyright and licensing information
All sounds are licensed to the Visitor by Image Line. All sounds (samples or loops) are created by Image Line or third party providers.
Image Line, or its third party providers, will always retain ownership, copyright and property of these sound samples.
The Visitor may use and modify the sounds for use in commercial productions, musical compositions, soundtracks or in any musical and/or audiovisual productions such as a film, television show, advertisement, website, videogame, or other media production, without paying any additional royalties, license fees, or any other fees.
Only the original purchaser has the right to use the sound samples. The Visitor may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the sounds.
In particular, all copying, duplicating, reselling or trading of these sounds is strictly prohibited. This includes creating a new sample library in a database or on any form of media such as CD-ROM, CDA, DVD, DVD-R, any form of magnetic or optical storage media, or in any way deemed inappropriate by Image Line in accordance with this Disclaimer and any applicable law. Moreover, the Visitor shall not transfer the sound files electronically or via any peer to peer file sharing program, FTP site, service bureau operation, DRS, computer network or in any way not expressly allowed by Image Line.
The Visitor will exercise due diligence and maintain strict safeguards on all sounds received from Image Line to prevent unauthorized use or distribution thereof. If the Visitor becomes aware of any unauthorized use or distribution of the sounds, the Visitor shall immediately notify Image Line thereof via email.
- Copyright for samples, loops and song data
Published Audio & Project Works: Publication is deemed to be the distribution of audio and/or project information, in any format, so that it is available for others to hear, redistribute or use in any other way.
Samples & Loops: These are audio files. Typical examples include 'hits' such as a single kick-drum hit, complete or partial musical and/or rhythmical phrases known as 'loops' or vocal and all other audio recordings. Any registered FL Studio user can download Samples & Loops from the Website and use them in his Published Audio & Project Works for both commercial and non-commercial purposes. The same applies to the Samples & Loops which are installed with FL Studio. However, there are exceptions, see 'Exceptions' below.
Song Data: This includes score, automation and all other non-audio data that can be used or saved in a FL Studio project. For example, the notes of a melody in the piano roll, an instrument/effect preset or automation data. Any registered FL Studio user can use Song Data from the FL Studio installation in his Published Audio & Project Works for both commercial and non-commercial purposes. However, there are exceptions, see 'Exceptions' below.
Exceptions: The FL Studio installation includes some Sample & Loops and Song Data, associated with the demo projects, that is not copyright cleared for Visitor’s use. This data, usually associated with the demo projects, remains copyrighted. The Visitor must seek the permission of the copyright owner(s) to use any of this material in the creation of his Published Audio & Project Works. This includes commercial and non-commercial publication.
11. Discussion forums
By using the Image Line forums (hereinafter the "Discussion Forums"), the Visitor agrees to be bound and to adhere to the following terms and conditions.
- Acceptable use of the Discussion Forums
* The Visitor shall not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law.
* The Visitor shall not post any of its own or of other Visitors’ personal registration information.
* The Visitor shall not post any material protected by intellectual property rights unless such intellectual property rights are owned by the Visitor or Image Line.
* The Visitor shall not post advertising of any kind in the Discussion Forums. The only exceptions to this policy are granted for current Image Line banner advertisers and Image Line administrators.
* The Visitor shall not post any material that could be harmful to Image Line's reputation and/or business.
Image Line explicitly reserves the right to remove any message or parts thereof it deems to be in contravention of the above, as well as to temporarily or definitively revoke the registration of Visitors who post such material.
- Warranties and disclaimers
The Discussion Forum software is based on phpBB free and open source forum software, combined with parts developed by Image Line. The software cannot be reproduced without Image Line's express written consent.
Considering the real-time nature of the Discussion Forums, it is impossible for Image Line to review all messages or confirm the validity of information posted. Image Line does not vouch for or warrant the accuracy, completeness or usefulness of any message.
The messages posted on the Discussion Forums express only the views of the author of the message, which are not necessarily the views of Image Line. Any Visitor who feels that a posted message is objectionable and/or in contravention of the provisions of this Disclaimer is encouraged to contact Image Line immediately by email at [email protected] Image Line will then review the complaint within a reasonable time frame and will decide, in its own sole discretion, whether or not to remove said messages. Since such removal is a manual process, Image Line may not be able to remove or edit particular messages immediately.
In no event will Image Line or its directors, employees, agents, subcontractors, subsidiaries or affiliates be liable for any damage whatsoever (including without limitation damages relating to lost revenues or profits, lost data, work stoppage, computer failure or malfunction) resulting from or in any way related to the use of any materials posted on or made available in the Discussion Forums or any other website to which a link is provided or on which a link is provided to these Discussion Forums, even if Image Line has been advised of the possibility of such damages and regardless of the legal theory on which such damages are based.
The Visitor agrees to indemnify and hold harmless Image Line and its directors, employees, agents, subcontractors, subsidiaries or affiliates against any third party claim arising or resulting from the Visitor’s use of the Discussion Forums.
12. Privacy and cookies
Should any of the provisions contained herein be deemed illegal, invalid or unenforceable by a binding decision, this will have no effect whatsoever on the remaining provisions which will keep their full effect. Image Line is entitled to replace such provisions with another provision that stays as close as legally possible to the original provision.
Should Image Line not immediately or only partially enforce its rights under this Disclaimer, such delay or partial exercise cannot be construed or interpreted in any way as a waiver of such rights.
14. Applicable law and competent jurisdiction
Any dispute concerning the visit or use of the Website or the Discussion Forums as well as the validity, enforceability and interpretation of this Disclaimer shall be governed exclusively by Belgian law, excluding any conflict of law or other provisions that would cause another country's legal system to apply hereto.
Any claims concerning the visit or use of the Website or the Discussion Forums or relating to this Disclaimer shall be brought exclusively before the competent courts of Ghent, Belgium and the Visitor irrevocably submits himself to their jurisdiction, without prejudice to Image Line's right to initiate legal action in the Visitor's place of domicile.