GraphicAudio® Terms and Conditions
THIS IS AN AGREEMENT BETWEEN YOU AND THE CUTTING CORPORATION, WHOSE REGISTERED TRADEMARK IS GRAPHICAUDIO®. ALL REFERENCES TO GRAPHICAUDIO®, “US”, OR “WE” ARE FOR CONVENIENCE ONLY AND MUST BE READ AS REFERRING TO THE CUTTING CORPORATION. PLEASE READ THESE TERMS AND CONDITIONS AND VISIT THIS PAGE PERIODICALLY TO REVIEW ANY UPDATES, AS GRAPHICAUDIO® MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE. BY ACCESSING THIS SITE, OR THROUGH THE SITE PURCHASING ANY PRODUCT OR UTILIZING ANY SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, ALL APPLICABLE TERMS AND CONDITIONS OF ANY LINKED SITES, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS, AND ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE ALSO AGREEING THAT YOU ARE NOT PROHIBITED FROM USING THIS SITE DUE TO AGE OR ANY INFIRMITY.
1. THE GRAPHICAUDIO® WEBSITE and GRAPHICAUDIO® ACCESS™ APP
GraphicAudio® via its websites GraphicAudio.net, GraphicAudioInternational.net and GraphicAudio® Access™ App (collectively termed as Site and APP) offers digital downloads, CDs and Blu-ray Discs of digitized versions of audio entertainment recordings (full cast dramatization, narration, cinematic music and sound effects), artwork and information relating to such audio entertainment recordings, and other content (individually and collectively termed , "Digital Content"). If you purchase Downloads on our store, then we recommend that you download the zip file on your computer. You can also log into our GraphicAudio ACCESS™ APP which will allow you to access your purchased download titles on your mobile devices and begin listening right after purchase.
2. Digital Content
2.1 Rights Granted. Upon your complete payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable non-sublicensable license to use the Digital Content solely for your personal, non-commercial, entertainment use, subject to and in accordance with these terms and conditions. Any unauthorized duplication or exploitation of the audio downloads or fixed media products other than for one time, home or personal use constitutes copyright infringement and may be subject to civil and criminal penalties. This license does not permit any derivative use, including but not limited to downloading or copying of information for commercial purposes, data gathering, mining or extraction. You may not use any names, logos or trademarks of GraphicAudio® or those from whom GraphicAudio® has licensed (licensors) or otherwise acquired content, except with prior written permission. You may create a hyperlink to graphicaudio.net provided you do not thereby disparage GraphicAudio® or its licensors. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the valuable intellectual property of GraphicAudio® or a third party and is protected by law. You should limit the backup copies to one copy. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
2.2 Restrictions. As further noted below, you agree that content made available via the Site and APP are done so on an “as is” basis, and are protected by applicable trademarks, copyrights and other intellectual property rights of The Cutting Corporation or third parties, all as further noted below. The Site and APP are the exclusive property of The Cutting Corporation and are protected by domestic United States and international copyrights, trademarks and other provisions.,
2.3 All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. If you wish to maintain a permanent copy of your GraphicAudio purchases, you will need to download them to your computer or external hard drive. Once you have purchased Digital Content, we highly recommend you to download the zip files containing the audio promptly from our website and make a back-up copy of it on your computer hard drives. If you are unable to complete a download after having reviewed our online help resources, please contact our customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. Purchased GraphicAudio® content will generally continue to be available in your account, but may become unavailable due to potential content provider licensing restrictions or other reasons and The Cutting Corporation will not be liable to you if GraphicAudio® content becomes unavailable for further download.
3. Reservation of Rights
Except for the rights explicitly granted to you in these Terms and Conditions all right, title and interest in the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.
4. Territorial Restrictions
As required by our providers, most Downloads and Audio CDs will, unless otherwise specifically designated, be available only to customers located in the United States and Canada for GraphicAudio.net. All other International customers may purchase from GraphicAudioInternational.net, except the following countries: Cuba, Iran, Libya, Burma, Myanmar, Sudan, North Korea and Syria.
5.1 Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the GraphicAudio.net Conditions of Sale: in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your purchase of the Digital Content, or information, materials or products included on or otherwise made available to you through www.graphicaudio.net, exceed the amount you paid to purchase the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
5.2 Termination; Amendments. Your rights under the Terms and Conditions will automatically terminate without notice from us if you fail to comply with any of our terms. In case of such termination, you must cease purchasing or using Digital Content from www.graphicaudio.net, and we may immediately revoke your username and password without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms and Conditions will not constitute a waiver of any of our rights. We may amend any of the Terms and Conditions at our sole discretion and by posting the revised terms on our website. Your continued purchase of the Digital Content after any such amendment’s effective date evidences your agreement to be bound by it.
5.3 Contact Information. For communications concerning the Terms of Sale, please write to The Cutting Corporation Attn: Legal Department, 4940 Hampden Lane, Suite 300, Bethesda, MD 20814 or email firstname.lastname@example.org.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of GraphicAudio® or its content suppliers and protected by United States and International copyright laws. The compilation of all content on this site is the exclusive property of GraphicAudio® and protected by U.S. and International copyright laws. Any software on this site is the property of The Cutting Corporation, Inc., or its software suppliers, and its intellectual property rights are protected under applicable laws.
GraphicAudio®, A Movie in Your Mind®, GRAPHICAUDIO ACCESS™, GA™ and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of The Cutting Corporation, Inc. in the U.S. and/or other countries. GraphicAudio®’s trademarks and trade dress may not be used in connection with any product or service that is not GraphicAudio®’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GraphicAudio®. All other trademarks not owned by GraphicAudio® that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GraphicAudio®.
9. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GraphicAudio® does sell products for children, but it sells them only to adults, who can purchase with a credit card or other permitted payment method. If you are under the age of 18 you may use our website only with the permission and involvement of a parent or guardian. GraphicAudio® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
10. Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” We have the right to refuse any posting for whatever reason.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GraphicAudio® reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant GraphicAudio® a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GraphicAudio® and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GraphicAudio® for all claims resulting from content you supply. GraphicAudio® has the right but not the obligation to monitor and edit or remove any activity or content. GraphicAudio® takes no responsibility and assumes no liability for any content posted by you or any third party.
11. Risk of Loss
All items purchased from GraphicAudio® are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
12. Product Descriptions
GraphicAudio® attempts to be as accurate as possible. However, GraphicAudio® does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by GraphicAudio® itself is not as described, your sole remedy is to return it in unused condition. Digital Downloads do not apply and are non-returnable.
13. Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GRAPHICAUDIO® ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
GRAPHICAUDIO® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRAPHICAUDIO® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRAPHICAUDIO® DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GRAPHICAUDIO® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRAPHICAUDIO® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE CONTENTS OF THIS SITE DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING AN DECISION. YOU FUTHER ACKNOWLEDGE THAT ANY INFORMATION OR MATERIALS ON THIS SITE MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Applicable Law
You agree to defend, indemnify and hold harmless The Cutting Corporation, Inc and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
16. Site Policies, Modification, and Severability
The Cutting Corporation
7520 Standish Place, Suite 100
Rockville, MD 20855