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Updated September 28, 2010
Welcome to our website. By using our site, you the user are agreeing to comply with and be bound by the following terms of use. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site. The term "us", "we", or "our" refers to OwnHammer, LLC, the legal name of the owner of the website. The term "you" refers to the user or viewer of our website.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Age Restriction.
You must be at least thirteen (13) years of age to use the Site, and at least eighteen (18) years of age to make a purchase from the Site.
3. Copyright and Service Marks.
OwnHammer®, OwnHammer® Impulse Responses™, OwnHammer® Music™, and OwnHammer® Studio™ are trademarks or registered trademarks of OwnHammer, LLC. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through or downloaded from the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Some company and product names displayed on the Site may be the copyright or trademark property of third parties. Any and all third party companies and products listed or otherwise mentioned on the Site may be trademarks of their respective owners and are in no way affiliated or associated with OwnHammer, LLC. Product names are referenced solely for the purpose of identifying the specific products used in the equipment chain for impulse response capture or used in creating audio and video demos. Use of these names does not imply any cooperation or endorsement.
4. Disclaimer.
THE INFORMATION, MATERIALS, PRODUCTS, DOCUMENTS, AND SERVICES FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS", "AS AVAILABLE", WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, MATERIALS, PRODUCTS, DOCUMENTS, AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, MATERIALS, PRODUCTS, DOCUMENTS, OR SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION, MATERIALS, PRODUCTS, DOCUMENTS, AND SERVICES PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION ON THE SITE OR IN ANY DOCUMENTATION INCLUDED WITH PRODUCTS SOLD ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY DOCUMENT OR WEBSITE WITH WHICH IT IS LINKED.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES OR ANY MALICIOUS AND HARMFUL SOFTWARE CONTAINED WITHIN ANY ELECTRONIC FILE OBTAINED FROM THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE.
5. Restrictions and Prohibitions on Use.
You may not (a) copy, print (except for printing of PDF Operations Manuals), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any information, materials, products, code, technology, or documents retrieved from it; (b) create compilations or derivative works of any information, materials, products, code, technology, or documents from the Site; (c) use any information, materials, products, code, technology, or documents from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture.
6. Indemnification.
You agree to indemnify, defend and hold us harmless from any and all liability, loss, damages, claim, and expense related to your violation of this Agreement or use of the Site and any information, materials, products, or documents obtained from it.
7. Nontransferable.
Your right to use the Site is not transferable. Any password or right given to you to obtain information, materials, products, or documents is not transferable.
8. Deleting and Modification.
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
9. Terms of Sale.
All sales are final. Once a monetary transaction has been initiated you cannot cancel the purchase or receive a refund for the purchase. No cancellations, refunds, exchanges, or credits are offered. Once you have paid for merchandise it is your sole responsibility and obligation to retrieve or abandon it within seventy-two (72) hours. Once our server has verified that you have successfully downloaded your merchandise, we hold no obligation to you in assisting with claims of lost, deleted, or otherwise misplaced downloaded content, either through re-enabling your ability to download the purchased content again or through aiding in finding your downloaded content via a support request.
10. Refusal of Sale.
We reserve the right to refuse any new sale at our sole discretion. If your order was refused your payment will be refunded within sixty (60) days.
11. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
12. End User License Agreement.
Our End User License Agreement, as it may change from time to time, is a part of this Agreement.
13. Submissions.
All remarks, suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall forever remain our sole property and shall not be subject to any obligation of confidence on our part. Without limitation, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
14. Links to Third Party Websites.
The Site contains links to other websites. All rules, terms and conditions, other policies (including but not limited to privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk. We accept no liability to you for the contents of and/or information on any third party website, and have no liability to you for any loss or damage you may suffer as a result of viewing a third party website linked from our site.
15. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of the Site (including but not limited to the copyright notice), (b) your site does not engage in illegal activities, and (c) you discontinue providing links to the Site immediately upon request by us.
16. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Cincinnati, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, materials, products, documents, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.
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