PLUGIN ALLIANCE, LLC (“PLUGIN ALLIANCE” or “we”) provides the PLUGIN ALLIANCE website service that allow you as an end user (“you” or “User”) to purchase and/or access third party licensed content and applications (“Plugins”) and other downloadable software and content as defined below (collectively “Service”). Please read the following terms and conditions (“Terms of Service”) carefully. Your use of the Plugins are also subject to our standard End User License Agreement (“EULA”) foundhere.
PLUGIN ALLIANCE reserves the right, at its sole discretion, to modify, discontinue or terminate the Service at any time. We may also modify these Terms of Service, in which case you will be notified by email with a link to the modified Terms of Service. Please refer to the “Last Updated Date” in these Terms of Service for the date these Terms were last updated. By continuing to access or use the Service after we have posted a modification to these Terms of Service, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.
2. Eligibility and Access
The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. If you are 13 years of age but under 18, you may use the Service but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
3. PLUGIN ALLIANCE Content and Ownership
Certain types of content are made available through the Service.“PLUGIN ALLIANCE Content”means the Plugins or other content, including without limitation the PLUGIN ALLIANCE trademarks or any third party trademarks, technology, and copyrighted works, made available through the Service, which are owned by or licensed to PLUGIN ALLIANCE, but excluding User Submissions. The Service and PLUGIN ALLIANCE Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, PLUGIN ALLIANCE and its licensors exclusively own all right, title and interest in and to the Service and PLUGIN ALLIANCE Content, including all associated intellectual property rights. You agree not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or PLUGIN ALLIANCE Content.
4. User Submissions
User Submissionsmeans any content, including without limitation, any text, data, graphics, images, photos, video or audio content, hypertext links and any other information uploaded, transmitted or submitted by Users to or via the Service. PLUGIN ALLIANCE does not claim any exclusive ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Submissions. If you provide User Submissions through the Service you grant PLUGIN ALLIANCE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right to license, sublicense, use, copy, adapt modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such User Submissions in any media or by any method. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all User Submissions; and (ii) neither the User Submissions nor PLUGIN ALLIANCE’s use of the User Submissions (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, contract rights, or result in the violation of any applicable law or regulation.
5. Copyrighted Materials: No Infringing Use
If you provide User Submissions through the Service you grant PLUGIN ALLIANCE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right to license, sublicense, use, copy, adapt modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such User Submissions in any media or by any method.
You agree not to use the Service in any way that violates the intellectual property rights of any third party. PLUGIN ALLIANCE shall, under appropriate circumstances, terminate the accounts of Users who infringe, are believed to have infringed or are charged with infringement of the rights of copyright holders more than once. In particular, if you are a copyright owner or an agent thereof and believe that any content in connection with the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting:
PLUGIN ALLIANCE, LLC ATTN: Copyright Manager 201 N US HIGHWAY 1 STE D10 Jupiter, FL 33477 USA EMAIL[email protected] PHONE +1.831.222.2105
6. Interactions between Users
You are solely responsible for your interactions (including any disputes) with other Users of the Service. Your use of the Service and PLUGIN ALLIANCE Content and any other content made available through the Service is at your sole risk and discretion and PLUGIN ALLIANCE hereby disclaims any and all liability to you or any third party relating thereto. PLUGIN ALLIANCE reserves the right to contact PLUGIN ALLIANCE Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You agree to cooperate fully with PLUGIN ALLIANCE to investigate any suspected unlawful, fraudulent or improper activity via the Service.
7. General Prohibitions
You agree not to do any of the following while using the Service or PLUGIN ALLIANCE Content:
Post, upload, publish, submit or transmit any User Submissions or content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Use, display, mirror, frame or utilize framing techniques to enclose the Service, or any individual element or materials within the Service, PLUGIN ALLIANCE’s name, any PLUGIN ALLIANCE or third party trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without PLUGIN ALLIANCE’s express written consent;
Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service.
Attempt to probe, scan, or test the vulnerability of any PLUGIN ALLIANCE system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PLUGIN ALLIANCE or any of PLUGIN ALLIANCE’s providers or any other third party (including another User) to protect the Service or PLUGIN ALLIANCE Content;
Attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
Attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
Transmit or attempt to transmit the sending of any advertising or promotional material without our prior written consent including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm PLUGIN ALLIANCE or users of the Service or expose them to liability.
Use any meta tags or other hidden text or metadata utilizing a PLUGIN ALLIANCE trademark, logo URL or product name without PLUGIN ALLIANCE’s express written consent;
Use the Service or PLUGIN ALLIANCE Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or PLUGIN ALLIANCE Content;
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attack or interfere with the Service.
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Collect or store any personally identifiable information from the Service or from other Users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Encourage or enable any other individual to do any of the foregoing.
PLUGIN ALLIANCE will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PLUGIN ALLIANCE may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. PLUGIN ALLIANCE reserves the right, at any time and without prior notice, to remove or disable access to any PLUGIN ALLIANCE Content and any User Submissions that PLUGIN ALLIANCE, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Service or Users of the Service
The Service may contain links to third-party websites or resources. You acknowledge and agree that PLUGIN ALLIANCE does not endorse and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may stop using the Service at any time and may terminate the Service by closing your account with PLUGIN ALLIANCE. PLUGIN ALLIANCE may terminate your access to the Services (i) for failure to comply with the Terms of Service; (ii) in the event PLUGIN ALLIANCE discontinues the Services or a portion thereof; (iii) in the event of a change of control or sale of PLUGIN ALLIANCE; or (iv) in the event PLUGIN ALLIANCE otherwise goes out of business. Without limiting other remedies, PLUGIN ALLIANCE may at any time suspend, terminate, or refuse to provide you with access to the Service for any reason, in its sole discretion.
Except as provided herein, after termination for any reason, you understand and acknowledge that we will have no further obligation to provide the Service to you and all licenses, including Subscription licenses, and other rights granted to you by these Terms of Service will immediately cease. PLUGIN ALLIANCE will not be liable to you or any third party for termination of the Service. Upon any termination or suspension, any content, materials or information (including User Submissions) that you have submitted via the Service will no longer be accessible to you.
Any suspension, termination or cancellation will not affect your obligations to PLUGIN ALLIANCE under these Terms of Service (including, without limitation, proprietary rights and ownership, licenses to PLUGIN ALLIANCE, indemnification and limitation of liability), which naturally are intended to survive such suspension, termination or cancellation.
10. Plugin Licenses
Users have the opportunity to purchase licenses to Plugins through the Service, including through Subscriptions as described in section 12 below. Users agree that such Plugin licenses shall also be governed by PLUGIN ALLIANCE’sEULA, and Users agree to such terms and conditions contained in the EULA, which is incorporated herein by reference.
Subject to Section 9 herein, fully paid licenses to Plugins will continue past termination provided that the User is not in breach of these Terms of Service, including the EULA. Subject to Section 9 herein, Subscription Plugin licenses, as further described in section 12 below, will continue for as long as you continue to pay the Subscription fees, provided that you have an active PLUGIN ALLIANCE account in good standing and are in full compliance with these Terms of Service, including the EULA.
11. Free Trials
We offer fully-functional 14-day free trials for all individual Plugins. You may activate your free trial by following the instructions on our website here. Your free trial will automatically terminate after 14 days. After the free trial ends, you may purchase the Plugin by visiting the product page on our website, as further describedhere.
12. Subscriptions & Purchases
PLUGIN ALLIANCE may offer subscriptions for certain Plugins or bundle of Plugins (“Subscriptions”) in monthly, bi-annual, annual, etc. subscription terms (each a “Subscription Term”). Your Subscription will automatically renew for additional Subscription Terms unless you cancel it before the next Subscription Term. You will automatically be charged the Subscription price before the start of each Subscription Term (i.e., every month in the case of monthly Subscriptions or each year in the case of annual Subscriptions). You may cancel the Subscription at any time through your PLUGIN ALLIANCE account. Upon cancellation of your Subscription, you will no longer be charged for additional Subscription Terms, and you may continue to use the Plugin for the remaining Subscription Term for which you were charged. For the avoidance of doubt, once you pay for a Subscription Term, you may not request a refund for that Subscription Term except as provided for in section 13 below. If you allow your Subscription to lapse by failing to pay, your Software will no longer run. Subscription pricing is subject to change. New pricing takes effect upon renewal of your Subscription. PLUGIN ALLIANCE reserves the right to change bundle content.
PLUGIN ALLIANCE uses a third party provider to process all payments through its website. You agree to provide complete and accurate payment information and further agree to any terms and conditions of such third party payment provider. In the case of refusal of payment, your access to the Plugins or other PLUGIN ALLIANCE Content will be denied. PLUGIN ALLIANCE cannot be responsible for the processing of any payments via the Service and Users shall contact the third party payment provider directly with any questions or concerns regarding payments. Users may contact PLUGIN ALLIANCE for other inquiries relating to refunds and returns of Plugin license purchases as provided in section 13 below.
As provided in section 11, we offer 14-day fully-functional, free trials on all of our Plugins for you to test before you buy them so you are sure you will be satisfied with your purchase. Nevertheless, you may request a full refund on your purchase BEFORE YOU ACTIVATE THE PLUGIN LICENSE provided that you request the refund within 14 days of the initial purchase date by contacting us at[email protected]If you have purchased a Plugin bundle, you must return the whole bundle within 14 days of purchase before you activate any Plugin in the bundle in order to receive a refund as provided herein.
THE SERVICE, PLUGIN ALLIANCE CONTENT, PLUGINS, AND USER SUBMISSIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PLUGIN ALLIANCE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, NON-INTERRUPTION, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
You agree to defend, indemnify, and hold PLUGIN ALLIANCE, its officers, directors, employees, agents, and third party licensors, harmless from and against any claims, liabilities, losses, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Submissions, your access to or use of the Service or PLUGIN ALLIANCE Content, or your violation of these Terms of Service.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLUGIN ALLIANCE, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, PLUGINS, USER SUBMISSIONS, OR PLUGIN ALLIANCE CONTENT, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PLUGIN ALLIANCE’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED $10. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Trademark Rights
The trademarks “PLUGIN ALLIANCE” and accompanying logos are trademarks or registered trademarks of PLUGIN ALLIANCE. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
18. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Santa Clara county, California.
19. Entire Agreement
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without PLUGIN ALLIANCE’s prior written consent. PLUGIN ALLIANCE may freely assign these Terms of Service, including EULA.
Any notices or other communications required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by PLUGIN ALLIANCE via email if applicable (in each case to the address that you provide) or by posting to the Service.
The waiver of any such right or provision will be effective against PLUGIN ALLIANCE only if in writing and signed by a duly authorized representative of PLUGIN ALLIANCE. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be severed and reinterpreted so as to be enforceable to the maximum extent permissible in order to reflect the original intent of the parties and the other provisions of these Terms of Service will remain in full force and effect.YOU MUST SUBMIT ALL CLAIMS MUST WITHIN A YEAR OF THE DATE OF OCCURRENCE OR ELSE THEY ARE WAIVED BY YOU.
23. Contacting Us
If you have any questions about these Terms of Service, please contact PLUGIN ALLIANCE at[email protected]
Plugin Alliance LLC, USA (“Plugin Alliance”) is fully committed to the responsible use of your personal data and the protection of your privacy. This policy explains you (“you” or “user”) how Plugin Alliance collects, stores, uses and shares Personal Data. This policy is addressed to individuals outside our organization with whom we interact, including visitors to our websites,https://plugin-alliance.com/en/sales.html,https://mastering.studioand associated sub-domains (together, our “Site”) and other users of our products and services (together, “you”).
Defined terms used in this Policy are explained in Section (18) below.
Contact details are provided in Section (17) below.
2. Changes to this Policy
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy. In the event of a material change to our privacy practices, we will give you notice by emailing you at your email address on record and your continued use constitutes acceptance of our updated privacy practices.
3. Processing Personal Data
Collection of Personal Data:We may collect Personal Data about you, such as your name, address, and contact details. Examples of sources from which we may collect Personal Data include the following:
We may obtain your Personal Data when you provide it to us (e.g., where you create an account with us, sign up to our newsletter, contact us via email, through our website, telephone, contact form, or by any other means).
We may collect your Personal Data in the ordinary course of our relationship with you (e.g., in the course of administering your Plugin Alliance account or in providing you our services).
We may collect Personal Data that you manifestly choose to make public, including via our Site.
We may receive your Personal Data from third parties who provide it to us, for example when such third parties are using Plugin Alliance’s application programming interface (API).
We may collect or obtain Personal Data when you visit our Site, or use any features or resources available on or through our Site. When you visit our Site, your device and browser will automatically disclose certain information, some of which may constitute Personal Data (see below).
Creation of Personal Data:We may also create Personal Data about you, such as records of your interactions using our Site, and details of your account history.
Categories of Personal Data:The categories of Personal Data about you that we may Process include:
Personal details: first and last name; email address; password; and account settings.
Contact details: email address.
Professional details: company name; professional profile details; association memberships; and qualifications.
Device details: device type, operating system, browser type, browser settings, IP address, geolocation, language settings, dates and times of connecting to our Site and other technical communications information.
Payment details: Plugin Alliance may use third party payment processors (we currently use Braintree) for the Processing of payment details, subject to the requirements described in Section (4).
Application Data: Certain software products by Plugin Alliance may collect data about the errors and exceptions in your application, system data (such as version data, names of plug-ins, etc.) about the environment in which your application is operating, data about transactions in your application, stack traces and source code snippets, variable data, and other similar data related to your application (“Application Data”). Personal data contained in the Application Data is not collected by such Plugin Alliance software products by default. Where applicable, users have the option of changing the configuration of such products so that personal data in the Application Data is processed. You also have the option of disabling or enabling collection of certain types of Application Data collected through our product, which you may exercise by following the instructions in the user manual for the applicable product.
Usage details: records of your use of our Site and other services, including: registration details; details of content with which you interact; questions; downloads; purchases; ratings; feedback; search queries; anonymous viewings; page views; metadata related to product usage.
Views, opinions and interests: any comments, ratings, views or opinions that you choose to send to us, post via our Site, via a survey, or publicly post via Social Media Platforms. When you post comments or questions on our blog, the information contained in your posting will be stored on our servers and other users will be able to see it. We also may wish to post your testimonials, which may contain personally identifiable information, on our website or through social media. In such a scenario, we will obtain your consent via email prior to posting your testimonial along with your name. If you want your testimonial removed, please contact us at[email protected].
Lawful basis for Processing Personal Data:In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:
we have obtained your prior express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
the Processing is necessary in connection with any contract that you may enter into with us;
the Processing is required by applicable law;
the Processing is necessary to protect the vital interests of any individual; or
we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.
Processing your Sensitive Personal Data:We do not seek to collect or otherwise Process your Sensitive Personal Data, except where:
the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
the Processing is necessary for the establishment, exercise or defense of legal rights; or
we have, in accordance with applicable law, obtained your prior explicit consent prior to Processing your Sensitive Personal Data (as above, this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Purposes for which we may Process your Personal Data:The purposes for which we may Process Personal Data, subject to applicable law, include:
Our Site: operating and managing our Site; providing content to you; displaying advertising and other information to you; and communicating and interacting with you via our Site.
Provision of services to you: providing our Site and products and services to you; communicating with you in relation to those services (for example, for customer support); recommending content that may be of interest to you.
Marketing communications: communicating with you via email, Social Media Platforms, post or in person news, products and services items and other information in which you may be interested.
Communications and IT operations: management of our communications systems; operation of IT security; and IT security audits.
Safety: safety assessments and record keeping; and compliance with related legal obligations.
Financial management: sales; finance; corporate audit; and vendor management.
Surveys: engaging with you for the purposes of obtaining your views on our Site or our services.
Improving our Site and our services: identifying issues with existing Site and our services; planning improvements to existing Site and our services; creating new Site and our services.
4. Disclosure of Personal Data to third parties
We may disclose your Personal Data to:
legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
accountants, auditors, lawyers and other outside professional advisors to Plugin Alliance, subject to obligations of confidentiality;
third party Processors (such as IT service providers; payment processors; marketing service providers; web service providers, etc.), located anywhere in the world, including our German based partner Brainworx Audio GmbH, subject to the requirements noted below in this Section (4);
any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal rights;
any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offenses or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
Furthermore, we may disclose your Personal Data to any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
5. Other Non-Personal Data We May Process
We may create anonymous data records from Personal Data by excluding Personal Data (such as your name) that make the data personally identifiable to you. We use this anonymous data to analyze usage patterns so that we may enhance the content of our products and services and improve site navigation. Plugin Alliance reserves the right to use for other purposes and to disclose anonymous data to third parties at its discretion.
Furthermore, when you use a Plugin Alliance software product, it may collect data about the errors and exceptions in your application, system data (such as version data, names of plug-ins, etc.) about the environment in which your application is operating, data about transactions in your application, stack traces and source code snippets, variable data, and other similar data related to your application.
6. Cookies and Automatically Collected Data
We also use navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account on our network.
7. International transfer of Personal Data
Because of the international nature of our business, we may need to transfer your Personal Data to third parties as noted in Section (4) above, subject to binding contractual obligations, solely in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
8. Third Party Websites and Tools
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents, products or services. When you click on such a link, you will leave our Site and go to another site. During this process, a third party may collect Personal Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content.
Similarly, some parts of our Site may include social media integrations (such as the Facebook “like” button or, widgets, such as the “share this” button or other Social Media buttons provided on our Site) or other third-party features (such as the embedded Soundcloud audio tracks).
9. Notice for California Consumers
The California Consumer Privacy Act of 2018 (“CCPA”) requires businesses like Plugin Alliance to provide the following additional information to you:
Categories of Personal Information
“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
No Sale of Personal Information
Plugin Alliance does not sell your Personal Information.
Sharing Personal Information for a Business Purpose
You may exercise any of the rights listed under Section 14 of this policy and Plugin Alliance will not discriminate against you for exercising any of these rights.
Additional California Disclosure
Plugin Alliance does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.
Note that some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain sites and browsers enable you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.
10. Data Security
We have implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, and other unlawful or unauthorized forms of Processing, in accordance with applicable law.
You are responsible for ensuring that any Personal Data that you send to us are sent securely.
11. Data Accuracy
We take every reasonable step to ensure that:
your Personal Data that we Process is accurate and, where necessary, kept up to date; and
any of your Personal Data that we Process that is inaccurate (having regard to the purposes for which they are Processed) are erased or rectified promptly.
From time to time we may ask you to confirm the accuracy of your Personal Data.
12. Data Minimization
We take every reasonable step to ensure that your Personal Data that we Process is limited to the Personal Data reasonably required in connection with the purposes set out in this Policy.
13. Data Retention
We will only retain your Personal Data for as long as is necessary to fulfill our legitimate purposes, including for the purposes of providing our products and services to you and satisfying any legal, accounting or reporting requirements. The criteria that we use to determine retention periods will be determined by the nature of the data and the purposes for which it is kept and the potential risk of harm from unauthorized use or disclosure.
14. Your legal rights: Accessing, Updating and Deleting Your Personal Data
Subject to applicable law, you may have a number of rights regarding the Processing of your Personal Data, including:
the right to request access to, or copies of, your Personal Data that we Process or control;
the right to request rectification of any inaccuracies in your Personal Data that we Process or control;
the right to request, on legitimate grounds:
erasure of your Personal Data that we Process or control; or
restriction of Processing of your Personal Data that we Process or control;
the right to object, on legitimate grounds, to the Processing of your Personal Data by us or on our behalf;
the right to have your Personal Data that we Process or control transferred to another Controller, to the extent applicable;
where we Process your Personal Data on the basis of your express consent, the right to withdraw that consent; and
the right to lodge complaints with a Data Protection Authority regarding the Processing of your Personal Data by us or on our behalf.
This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (17) below or, when appropriate, edit your account profile.
Our Site is not directed toward minors and we do not knowingly collect Personal Data from minors. Minors under the age of 13 years old are not eligible to use our Site and we, therefore, ask that minors do not submit any Personal Data to us, or use any of the services provided on, through, or via our Site. If you are a parent and are aware that your minor has provided us with Personal Data, please contact us at[email protected].
16. End-User License Agreement and Terms of Service
‘Controller’means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
‘Data Protection Authority’means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
‘Personal Data’means information that is about any individual, or from which any individual is identifiable. Examples of Personal Data that we may Process are provided in Section (3).
‘Process’, ‘Processing’ or ‘Processed’means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘Processor’means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
‘Sensitive Personal Data’means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offenses or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
‘Social Media Platforms’means Facebook, Instagram, Twitter, LinkedIn, YouTube, and/or SoundCloud.
PLUGIN ALLIANCE LLC, USA Product: Software Plugins
ATTENTION: USE OF THE SOFTWARE AND ASSOCIATED DOCUMENTATION (“SOFTWARE”) THAT YOU HAVE LICENSED FROM PLUGIN ALLIANCE LLC, USA (“PLUGIN ALLIANCE”) IS SUBJECT TO THE PLUGIN ALLIANCE SOFTWARE LICENSE TERMS SET FORTH BELOW (“EULA”). USING THE PLUGIN ALLIANCE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. THE SOFTWARE MAY BE DISTRIBUTED WITH SOFTWARE OR COMPONENTS FROM THIRD PARTIES (“THIRD PARTY SOFTWARE”). USE OF THIRD PARTY SOFTWARE IS ALSO SUBJECT TO THE TERMS OF THIS EULA, AND REFERENCES TO SOFTWARE SHALL INCLUDE THIRD PARTY SOFTWARE.
SOFTWARE LICENSE TERMS The following terms govern your use of the enclosed Software. If PLUGIN ALLIANCE changes the terms of this EULA in a material respect, we will notify you in advance either via pop-up within the Software or via email, using the email address currently associated with your account, and continued use of the Software after such notice will constitute your acceptance of the revised EULA.
BY ACCESSING OR USING THE SERVICE, OR BY POSTING OR ACCESSING ANY CONTENT ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.
1. License Grant
PLUGIN ALLIANCE grants you a non-exclusive, revocable, personal, non-transferable, non-sublicensable license to use the Software on up to three (3) hardware units (computers, USB drives or venue consoles) simultaneously pursuant to the terms of this EULA. “You” means the company, entity or individual licensing the Software. “Use” means storing, loading, installing, executing or displaying the Software as intended pursuant to the terms of this EULA. The Software is not supplied for use on a network or multi-user system. In such cases, additional licenses must be requested from PLUGIN ALLIANCE. Additional licenses can be purchased at discount rates. Please contact the sales support athttps://plugin-alliance.com/en/sales.html
You may not (i) copy the Software, except for purposes consistent with this EULA; (ii) transfer the Software to a third party; (iii) modify, decompile, disassemble, decrypt, reverse engineer or otherwise attempt to derive the source code of the Software (except as and only to the extent any foregoing restriction is prohibited by applicable law); (iv) export the Software in contravention of applicable U.S. and foreign export laws and regulations; (v) use the Software other than in connection with operation of the Software; (vi) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Software, including any copy thereof. If the Software contains or includes audio content such as samples, sound sets, presets, and/or audio loops (“Audio Content”), you may use such Audio Content to create your own original soundtracks for your commercial or non-commercial video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Audio Content. However, you may not distribute the Audio Content on a standalone basis, nor may such Audio Content be repackaged in whole or in part as audio samples, sound libraries, sound effects, music beds, audio plugins, virtual or other music instruments.
The Software, and all intellectual property rights therein, including without limitation copyrights, is owned by PLUGIN ALLIANCE or its third party suppliers and is protected by domestic and international laws. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software, but it authorizes you to work with the Software as a user provided you adhere to the terms of this EULA.
PLUGIN ALLIANCE may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PLUGIN ALLIANCE has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You also agree to implement any Updates in a commercially reasonable time to the extent expressly requested by PLUGIN ALLIANCE.
You agree to indemnify, defend and hold harmless PLUGIN ALLIANCE and its officers, directors, employees, agents, affiliates, successors, third party licensors, suppliers and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Software or your breach of this EULA.
You may only transfer the Software in accordance with the PLUGIN ALLIANCE transfer policy found here, which you must access while being logged into your PLUGIN ALLIANCE account. Subscription Software licenses cannot be transferred and perpetual Software licenses cannot be transferred to a Subscription Software license. The transferee must have an active PLUGIN ALLIANCE account and will incur a transfer fee. Your license will automatically terminate upon any transfer of the Software. Software rental is not allowed. Upon transfer, you must deliver the original and all complete, partial or electronically stored copies of the Software and related documentation to the transferee. The transferee must accept this EULA as a condition to the transfer.
7. Third Party Materials
The Software may display or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that PLUGIN ALLIANCE is not responsible for Third Party Materials. The Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
8. DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. PLUGIN ALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THIRD PARTY MATERIALS, INLCUDING THEIR CORRECTNESS, TIMELINESS, ACCURACY, FUNCTIONALITY, RELIABILITY, NONINFRINGEMENT OR OTHERWISE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUGIN ALLIANCE, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, DAMAGED EQUIPMENT, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THIRD PARTY MATERIALS, EVEN IF PLUGIN ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLUGIN ALLIANCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE PAST 3 MONTHS OR $10, WHICHEVER IS GREATER. YOU MUST SUBMIT ALL CLAIMS WITHIN A YEAR OF THE DATE OF OCCURRENCE OR ELSE THEY ARE WAIVED BY YOU.
10. Term of Software License
Software licenses will continue unless terminated in accordance with Section 11 below provided that you have an active PLUGIN ALLIANCE account in good standing and are in full compliance with this EULA and Terms of Service, including without limitation timely payment of Subscription fees.
PLUGIN ALLIANCE may terminate your license without notice (a) for failure to comply with this EULA or Terms of Service; (b) in the event of a change of control or sale of PLUGIN ALLIANCE; (c) in the event PLUGIN ALLIANCE otherwise goes out of business; (d) in the event PLUGIN ALLIANCE discontinues the Software. Upon termination, you must immediately destroy the Software together with all copies, adaptations and merged portions in any form.
PLUGIN ALLIANCE may offer subscriptions for certain Software or bundle of Software (“Subscriptions”) in monthly, bi-annual, annual, etc. subscription terms (each a “Subscription Term”). Your Subscription will automatically renew for additional Subscription Terms unless you cancel it before the next Subscription Term. You will automatically be charged the Subscription price before the start of each Subscription Term (i.e., every month in the case of monthly Subscriptions or each year in the case of annual Subscriptions). You may cancel the Subscription at any time through your PLUGIN ALLIANCE account. Upon cancellation of your Subscription, you will no longer be charged for additional Subscription Terms, and you may continue to use the Software for the remaining Subscription Term for which you were charged. For the avoidance of doubt, once you pay for a Subscription Term, you may not request a refund for that Subscription Term, unless otherwise required by applicable law. If you allow your Subscription to lapse by failing to pay, your Software will no longer run. Subscription pricing is subject to change. New pricing takes effect upon renewal of your Subscription. PLUGIN ALLIANCE reserves the right to change bundle content.
You agree to defend, indemnify, and hold PLUGIN ALLIANCE, its officers, directors, employees, agents, and third party licensors, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Submissions, your access to or use of the Service or PLUGIN ALLIANCE Content, or your violation of these Terms of Service.
14. Export Requirements
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
15. Collection of your information
16. Notice to U. S. Government End Users
The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Software as are granted to all other end users under this EULA, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
17. General Provisions