Terms of Use

Agreement between Audio Pro Network Inc. and You

This site is operated by Audio Pro Network Inc. (“APN,” “us,” or “we”). APN offers this site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use and any written agreement(s) executed and in effect with APN in connection with any of our products or services (collectively, the “Service Agreement”). In the event of any conflict between any Service Agreement and these Terms of Use, the terms of the Service Agreement take precedence. Your use of this site constitutes agreement to all of these Terms of Use, subject to the terms of any Service Agreement. If you do not agree to and accept these Terms of Use as superseded by any Service Agreement, please exit this site.

Access to this Site

There are areas of the site that are accessible to the public, and areas that are only accessible to registered and/or paid users.  For registered and/or paid users, we provide access to restricted areas through unique log in identifiers and passwords (collectively, the “Credentials”).  You will: (a) be responsible for the security and/or use of your Credentials; (b) not disclose such Credentials to any person or entity; (c) not permit any other person or entity to use your Credentials; (d) immediately notify us of any known or suspected unauthorized use of a Credentials or any other breach of security; and (e) use the site in accordance with the terms and conditions of these Terms of Use and any Service Agreement. You are further responsible for all activities and all actions taken with or within your Credentials, and we will not be liable for any loss or damage arising from any unauthorized use of your Credentials. We may revoke access, in our sole discretion, to any Credentials that violates these Terms of Use or otherwise utilizes such credentials to disrupt or otherwise harm our site, our systems or the systems of others.

Information on this Site

APN makes no express or implied representation or warranty about the accuracy, completeness, reliability, or timeliness of information provided on this site. You should not use or rely on the information on this site as the sole basis for making decisions. You agree that you have responsibility to monitor changes to this site. APN reserves the right to modify this site at any time without notice, but does not undertake any responsibility to update or correct the site.

Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order) with the contract of sale.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

Product Descriptions

We provide the most accurate information on the site as possible. However, we do not warrant that product descriptions on the site are accurate, complete, reliable, current or error-free.

Use of Site Content

This site and all of its content are the exclusive property of APN and its licensors and service providers. This includes, without limitation, all text, design, graphics, videos, logos, images, icons, downloads, interfaces, code, and software, and the selection and arrangement thereof. This site and all of its content are protected individually and as a compilation by copyright, trademark, and other applicable laws of the United States and other countries, and APN reserves all its rights thereunder. All trademarks, service marks, and logos on this site are the property of their respective owners. Nothing on this site shall be construed as granting any license or right to use any trademark, service mark, or logo without the owner’s prior written permission, except as otherwise expressly stated herein or in any Service Agreement. APN makes no warranty or representation that your use of this site will not infringe rights of third parties.

APN allows site users to access, download, print, and copy the material contained on this site for their use in connection with our products and services, provided that such use must be limited to what is reasonably necessary for such purposes, and that users must not modify or delete any copyright, trademark, or other proprietary notice on such material. APN expressly prohibits any other use of content of this site, including without limitation copying, uploading, modifying, distributing, publishing, transmitting, reverse engineering, selling, licensing, or creating derivative works from any content of this site or the APN products or services described herein. Any use of content of this site for purposes competitive to APN is expressly prohibited. APN also expressly prohibits any use of any hardware, device, software, or routine to damage or interfere with this site or its operation or to gain unauthorized access to any hardware, software, system, or data.

APN prohibits anyone from framing this site or its content or using our site content or proprietary marks as meta tags, except with our prior written consent. This prohibition covers all framing and “hidden text” techniques and technology.

Payment Processing

Part of the services provided by APN may include access to and passage of information through a payment processing gateway, which may pass payment information, contact information, itemized invoices and other data submitted by or received by you as part of your use of the site. The specific mechanics and terms of payment processing through APN are governed by the terms and conditions promulgated by our third party payment processor, and you will be transferred to their portal to fulfill any payment processing activities.

Materials You Submit

Your use of this site constitutes acknowledgement that you are responsible for any material you submit via this site in any manner. Your responsibility includes without limitation assuring the legality, ownership of and truthfulness of and intellectual property and other rights to the information you submit. You may not submit false or misleading information about your identity or contact addresses or the origin of the material you are submitting, including when registering and submitting content using the site. You are prohibited from submitting, uploading, publishing, or otherwise distributing in connection with this site any content that (i) may violate any law or give rise to liability; (ii) may violate or infringe on the rights of any party, including without limitation intellectual property rights and rights to privacy; (iii) is false, fraudulent, libelous, defamatory, obscene, sexually oriented, profane, threatening, harassing, abusive, or otherwise objectionable; (iv) is confidential or proprietary to a third party without their authorization; or (v) may contain malware, spam, commercial content, political campaigning, or chain letters.

Submission of personal information to APN or its service providers and use of that information by APN are subject to the Privacy Policy posted on this site. By submitting any material to APN via this site, you are granting APN and its affiliates an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, display, publish, reproduce, modify, adapt, translate, distribute, and create derivative works from such material throughout the world in any media. You further agree that APN and its affiliates are free to use any ideas, concepts, or know-how specifically regarding the services provided on the site that you or individuals acting on your behalf provide to us. You grant APN and its affiliates in their discretion the right to use the name you submit in connection with such material. With respect to all material you submit, you represent and warrant that (i) it is accurate; (ii) you own or otherwise control all the rights to it; (iii) its use does not violate any provision of these Terms of Use; (iv) its use will not cause injury to any person or entity; and (v) you will indemnify and hold harmless APN, its affiliates, and its respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers for all claims resulting from it.

Links

As a convenience to you, this site may contain links to other sites operated by APN, its affiliates, or third parties. Different terms and conditions may apply to your use of linked sites. APN is not responsible for the content, security, operation, or use of any linked sites operated by others or the products or services that may be offered or obtained through those sites. Inclusion of links to other sites should not be viewed as recommendation, approval, or endorsement of those sites or their content by APN. APN is not responsible for any loss, damages, or other liabilities incurred as a result of your use of linked sites.

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APN DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES REGARDING TITLE AND NON-INFRINGEMENT; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. APN MAKES NO REPRESENTATION OR WARRANTY THAT (A) THIS SITE OR ANY TECHNOLOGY ASSOCIATED WITH IT WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE, OR TIMELY; OR (D) USE OF INFORMATION OR MATERIALS ON THIS SITE WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION YOU MAY OBTAIN FROM APN OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION FROM UPLOADING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES. IN SUCH A JURISDICTION, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING: (I) THIS SITE IS MADE AVAILABLE TO YOU IN CONNECTION WITH OUR SERVICES AND SUBJECT TO THE TERMS AND CONDITIONS HEREIN AND OF ANY SERVICE AGREEMENT; (II) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE; (III) USE OF THIS SITE IS AT YOUR OWN RISK; (IV) ANY INFORMATION YOU SEND OR RECEIVE MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; AND (V) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITTEN AGREEMENTS EXECUTED BETWEEN US, NEITHER APN, NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR INFORMATION ON THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DELAY OR INABILITY TO USE THIS SITE, OR FROM ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, THE REMOVAL OR DELETION OF ANY MATERIALS POSTED ON OR SUBMITTED TO THIS SITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, RELIANCE ON CONTENT, USER SUBMISSIONS, AND/OR OTHER SUBMISSIONS ON OUR SITE, OR ANYTHING OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF APN, ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, DEFECT, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DELAY, MALWARE, DATA CORRUPTION, OR NETWORK OR SYSTEM OUTAGE RELATING TO THIS SITE. THIS DISCLAIMER ALSO APPLIES TO ANY TANGIBLE OR INTANGIBLE LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OF YOUR OR ANY THIRD PARTY’S PROFITS, AND ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT APN, ITS AFFILIATES, AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY ACTS OF ANY THIRD PARTY IN CONNECTION WITH THIS SITE, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USER OF THIS SITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THIS SITE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE SERVICE AGREEMENT. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS. IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Release

If you have a dispute or claim against one or more users of this site, you release APN, its affiliates, and its respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers from claims, demands, and damages (direct and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.  You expressly waive any protections (statutory or otherwise) that would limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time you agree to this release.

Indemnification

You agree to indemnify, defend, and hold harmless APN, its affiliates, and its respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this site or any violation of these Terms of Use. If you cause a technical disruption of the site or the systems making the site available to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. APN reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with APN in the defense of such matter.

Jurisdiction and Applicable Law

These Terms of Use and your use of this site are governed by the laws of the United States and the State of New York. By using this site in the absence of any Service Agreement, you irrevocably consent to the jurisdiction of the courts located in the State of New York for any action arising out of or relating to use of this site or to these Terms of Use.

We recognize that this site may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of New York. Users should be aware that data related to this site is hosted in the United States. Because we cannot practicably prevent users in different jurisdictions from accessing the site, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of this site or any of its content, this site is not intended for you, and we ask you not to use it.

You acknowledge and agree that materials found on this site may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the materials, nor any direct product therefrom, are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, North Korea, Syria, and the Sudan. This list is subject to change without further notice from APN, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Any of our technology for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable.

Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND APN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and APN agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Termination or Restriction of Access

APN reserves the right to remove or bar any person from this site and prevent anyone from uploading or downloading materials to or from this site, without notice and in APN’s sole discretion. APN also reserves all other rights it may have, including without limitation the right to seek any other relief to which APN may be entitled by law or in equity.

No Waiver

You agree that any failure by APN to enforce any provision of these Terms of Use or respond to a breach by you or another party does not in any way waive our right to enforce subsequently any provision of these Terms of Use or any right of APN or to act with respect to similar breaches.

Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked to without authorization in a way that constitutes copyright infringement, please provide notice to APN DMCA Agent at the following email address: support@audiopronetwork.com  Your notice should include the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the APN site that is requested to be removed; (iii) your name, address, daytime telephone number, and email address so that we may contact you if necessary; (iv) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notice is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright and submit the statement.  We will use the information you submit to make a good faith determination of whether an infringement has taken place and whether the material at issue will be removed.

Changes to These Terms of Use

APN reserves the right, at any time and in its sole discretion, to change these Terms of Use in whole or in part, by posting revised Terms of Use on this site. Where practicable, we shall provide you with thirty (30) days’ notice of any material changes to this site. You are responsible for reviewing, agreeing to, and complying with the Terms of Use in effect at the time you use this site, subject to any Service Agreement.  Your continued use of this site constitutes acceptance of the Terms of Use then in effect, subject to any Service Agreement.

Entire Agreement, Admissibility, and Severability

These Terms of Use and any policies or operating rules posted on this site, and any Service Agreement to which you and APN are a party, constitute the entire agreement and understanding between APN and you with respect to the subject matter thereof and supersede all prior or contemporaneous oral or written communications or proposals between APN and you with respect to such subject matter; provided that any written contractual agreement with APN in connection with provision of any products or services supersedes any contrary information in this site. You agree and acknowledge that your use of this site does not make APN your agent for any purpose, and that no agency, partnership, joint venture, or similar relationship exists, or is intended to exist between you and us by virtue of your use of this site or the content thereof. There shall be no third-party beneficiaries to these Terms of Use. A printed version of these Terms of Use shall be admissible in any judicial or administrative proceeding based on or relating to this site or its use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Use is determined by a competent court with jurisdiction in the matter to be invalid, unenforceable, or void pursuant to applicable law, that determination shall not invalidate or void the remainder of these Terms of Use, and the parties agree and intend that these Terms of Use shall be amended by changing the offending provision only as far as is necessary to make it valid, legal, and enforceable while preserving its intention or, if such modification is not possible, the parties will substitute another provision that is valid, legal, and enforceable to achieve, as far as possible, the same results between the parties.

Downloadable Products

End User License Agreement

Terms and Conditions
Your use of any Audio Pro Network Inc. royalty free sample pack products acknowledges your acceptance of the following terms, conditions and limitations of use. In the event of a breach of this License Agreement, action may be taken against you directly by the owner of the copyright. Audio Pro Network Inc. royalty free sample pack products are sold to you with a lifetime non-transferable license for synchronization rights only.

Rights Granted
You have the right to synchronize the audio content from any Audio Pro Network Inc. royalty free sample pack product with audio and/or visual productions or applications such as, film & video productions, radio presentations or commercials, television presentations or commercials  (hereinafter referred to as “the Production”). You may create copies of the Production. If you sell, lease, give away or otherwise distribute copies of the Production, the rights and limitations to the synchronized audio content as outlined in this End User License Agreement are in effect for the life of the Production and pass automatically to the End User of the Production. All rights not expressly granted herein are reserved.

Copyright infringement is a serious offense. You are not authorized to:
Copy, duplicate, provide access to, sell, lease, loan or give away unsynchronized sounds from any Audio Pro Network Inc. royalty free sample pack product by any means including the World Wide Web, streaming audio or any delivery method now known or which shall become known.

Liability
Audio Pro Network Inc. accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of any Audio Pro Network Inc. royalty free sample pack product.

 

Contact Us

If you have any questions or comments about these Terms of Use or this site, you may contact us using any of the following methods:

Email: support@audiopronetwork.com

Last updated: September 4, 2018