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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 Application) offers digital downloads, streaming audio, 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") (together with the Site and the Application, the “Services”). If you purchase Downloads from our store, then we recommend that you download the zip file on your computer for backup purposes. You can also log into our GraphicAudio ACCESS™ Application which will allow you to access your purchased download titles on your mobile devices and begin listening right after purchase.

1.1  Use of the Application and Services. We make available the Application to access the hosted aspects of the Services via compatible internet-connected devices. To use the Application you must have a device that is compatible with the Application. We do not warrant that the Application will be compatible with your device. We grant to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Application for one account on up to three internet-connected devices owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the Terms and Conditions will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). You agree to comply with all United States and foreign laws related to use of the Application and the Service. Standard carrier data charges may apply to your use of the Application. You shall not use the Service for any illegal purpose, including without limitation, using the Service to violate any legal right of any third party. You may use the Application only through the Services on a supported mobile device. You agree not to break DRM (Digital Rights Management) on DRM-protected Content, or attempt to access the Content outside of the Services (i.e., you are not permitted to access or download Content from the Application and open them in a different application or on any device that does not support the Application). You agree not to use the Services in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protect by any intellectual property laws of any jurisdiction. Any attempt to access or transfer Content in applications other than the Application will result in the termination of your account. Any attempt to use the Services to access or download the Content systematically or programmatically or to invade the privacy of or obtain personal information about any user of the Service (including any publicity, privacy, copyright or other intellectual property right) is not permitted. Any attempt to systematically or programmatically access, or download the Content in GraphicAudio will result in the termination of your account. If we suspect that you are attempting to systematically or programmatically access or download the Content in GraphicAudio, or if your behavior replicates, mimics, or resembles that of a program or automated task bot, we reserve the right to suspend your account without prior notice to you. Any use of the Services to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable.

2. Digital Content

2.1  Use License and 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. Subject to these Terms and Conditions (including payment of all applicable fees and charges), we grant each registered user of the Services a worldwide, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Services in the manner set forth herein, and to access Content we make available via the Services solely for such user’s personal, non-commercial purposes during an applicable subscription or free-trial period, and subject to any further usage restrictions we may indicate on the Services with respect to such Content. 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 Application 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 Application 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.

The Services include an online subscription service that provides members with access to Content on internet-connected Devices. Our library of Content is ever-changing, and we reserve the right to alter the Content available without notice. We do not guarantee that any Content will be made available (or continue to be available) on the Site or through the Services. For example, the availability of Content may vary from Device to Device, and may be affected by a number of factors. These factors include (but are not limited to) your location, the bandwidth available through and/or speed of your Internet connection. We cannot guarantee that the same Content will be available in all countries. You acknowledge that certain Content will only be available in select territories. We hope that when you travel, you’ll take the Application with you, but please be aware that you are solely responsible for all Internet access charges. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Services.

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. General

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, 7520 Standish Place, Suite 100, Rockville, MD 20855 or email support@graphicaudio.net.

6.  Copyright

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.

7. Trademarks

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®.

8. Privacy

Please review our Privacy Policy, which also governs your visit to www.graphicaudio.net, to understand our practices.

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. You shall have the ability to cancel your subscription, either directly or through a request made to one of our employees or affiliates; provided we may retain copies of information and Content associated with your account.

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. Recurring Subscription Payments and Billing

Please refer to our Payment Terms for a full description of the payment terms, conditions and policies applicable to the Service. By subscribing for, ordering and/or purchasing any subscription or other paid services, you agree to be bound by and accept the Payment Terms. The Payment Terms are subject to change without prior notice at any time, at GraphicAudio's sole discretion. You should review the Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by GraphicAudio®. The Payment Terms are incorporated into these Terms of Service by this reference.

14.  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.

15. 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. Disputes

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of the Cutting Corporation Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit The Cutting Corporation, Inc.’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed solely under District of Columbia, USA, law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of the District of Columbia, USA and you consent to the exclusive personal jurisdiction of such courts for any action brought by any party and agree that as to The Cutting Corporation Inc. a solely legal remedy may be inadequate and injunctive relief shall be available for its protection. We both agree that a dispute resolution process prior to a court proceeding is desirable, and will attempt to agree on an appropriate process, whether mediation or arbitration. We also both agree that any and all proceedings, by dispute resolution or in court will be conducted solely on an individual basis and not in a class or consolidated basis.

17.  Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy Policy. These policies also govern your visit to GraphicAudio.net. We reserve the right to make changes to our site, policies, and these Terms of Sale and Conditions of sale at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

The Cutting Corporation
7520 Standish Place, Suite 100
Rockville, MD  20855 
http://www.GraphicAudio.net

07/26/2016