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Terms of Use

PLEASE REVIEW BEFORE USING THIS SITE

Audiokinetic Inc. ("Audiokinetic") and the Conservatory of Recording Arts & Sciences ("CRAS", and together "we" or "us") provide this Wwise Certification Website (the "Site") for your use as a customer or member of the media industry. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. These Terms of Use apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with us.

We may change these Terms of Use from time to time, at our sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.

Section 1: General Provisions

Use of information and software available on the site

You acknowledge that we reserve the right to modify, revise or discontinue the Site, or any features, documentation, functionality or services provided as part of or in connection with the Site, without prior notice.
Generally speaking, all information or materials contained on the Site or accessible through the Site (including but not limited to all graphics, images, video clips, audio, video images, or other types of content) ("Site Information") is the property of Audiokinetic, CRAS and/or their partners, suppliers or licensors.

Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains the property of its respective owner(s). Please see Section 2: Posted Information below for further details regarding Posted Information.

Unless otherwise noted in a particular document, we hereby authorizes you to electronically copy or print in hard copy any document published by us on the Site solely for your internal reference purposes within your organization or personal use only. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of Site Information provided by us without prior written approval from us or the appropriate supplier or licensor is strictly prohibited.  Any use of Site Information accessible to you through a user account is subject to the terms of our User Account Policy.

Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

Nothing contained in these Terms of Use shall be construed as conferring any license or right under any patent, copyright or trademark or other intellectual property right of Audiokinetic, CRAS, their suppliers or licensors, or any other third party.

Any software available to download from the Site is the proprietary work of Audiokinetic, CRAS and/or their suppliers or licensors, and may be protected by Canadian and worldwide copyright, patent and/or other intellectual property right laws and treaty provisions. Use of such software is subject to and governed by the terms of any end user license agreement that may be entered between you and us.

The product names, company names and logos of Audiokinetic and CRAS used on this Site may be trademarks including registered trademarks of Audiokinetic and CRAS. Such product names, company names and logos of Audiokinetic and CRAS may not be copied, imitated or used, in whole or in part, without the prior written consent of Audiokinetic or CRAS, as applicable. Other product and company names mentioned on this Site may be the trademarks of their respective owners.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE SITE INFORMATION MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

Design and layout

The design of the Site is our property. Elements of the Site, including the Site's design, its logos, graphics, sounds or images, are protected by Canadian and worldwide copyright, trademark or other intellectual property laws and treaty provisions, and may not be copied, distributed or imitated, unless specifically authorized by these Terms of Use.

Links to third party sites

Any links to third party sites are provided solely for your convenience. Such sites are not under our control, and we are not responsible for their content, any changes or updates to them, or the collection of any personal information by the operators of such sites.

If you decide to visit any linked site, it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We make no representation or warranty regarding, and do not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any of our trademarks, trade names, logos or copyright symbols or any those of our affiliates.

Consequently, we expressly disclaims any liability for any damages arising out of your access, use or inability to use any linked site or the content therein.

User Privacy

For a complete description of how we deal with your personal information and use cookies or the information collected from the Site, please see our Privacy Policy applicable to the Site, which is incorporated into these Terms of Use by reference.

User Feedback

Except for personal information, if you transmit to or otherwise provide to us any feedback (such as questions, comments, suggestions, or the like) or any data or materials ("User Feedback"), such User Feedback may not be secured and shall be deemed to be non-confidential and non-proprietary. We shall have no obligation of any kind with respect to such User Feedback and by transmitting such User Feedback to us, you are deemed to grant us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation and to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such User Feedback.

User Conduct

You agree: a) not to use this Site in any manner which could damage, disable, overburden or impair this Site; b) interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other person's use and enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; and f) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

International Information

The Site may provide access to international data about us, or third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that Audiokinetic, CRAS, their suppliers or licensors, or other third parties intend to make available such products, programs or services in your country. We may provide other websites directed at your region which may contain different products and services and be subject to different terms and conditions.

Contests / Sweepstakes

From time to time, you may be invited to participate in contests, sweepstakes, or similar events. Such events may require you to submit personal information to participate. Each event shall be subject to separate rules, and you should review all applicable rules before participating. Please see the Privacy Policy for additional detail. Posting by us of a contest, sweepstake or similar event on the Site and your ability to access the contest does not mean that it is applicable to your jurisdiction or that you will be eligible to participate.

Linking and Framing

You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the Site only by linking to the home page located at cras-wwise.com. You are prohibited from "deep linking" to any other pages in a manner that would incorrectly suggest endorsement or support of you by us or in any way that suggests you are the owner of any intellectual property belonging to us.

Violation of Terms of Use

You acknowledge that we have the right, in our sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate our rights, interfere with any other user's access or use of the Site, or if we decide that your use is otherwise detrimental to the Site, us or our suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact us. We may decide, in our discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. We do not have any obligation or liability to you for the performance or nonperformance of those activities.

Site Services

We may, from time to time, offer through the Site certain services that may be subject to their own specific terms and conditions ("Service Terms and Conditions"). In the event of any conflict between those Service Terms and Conditions and these Terms of Use, the applicable Service Terms and Conditions shall control. Please be sure to review any applicable Service Terms and Conditions before making use of a Site service.

General

These Terms of Use are governed by and shall be interpreted in accordance with the laws of the Province of Quebec, Canada, without regard to the rules of conflict which may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the courts of Quebec, Canada in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. Our failure to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

Section 2: Posted Information

All Posted Information Is Public

We have reserved certain portions of the Site to permit registered users to post materials or information, such as personal information, job listings, other sample materials, graphics, images, opinions, comments, conversations or questions in discussion groups, bulletin boards, chat rooms, user forums or on the Site's Wiki ("Posted Information"). We have provided those special sections as a service to its customers and the media community with the intent of making Posted Information publicly available to anyone who wishes to view it.

By using these services and posting or transmitting to us for posting such Posted Information, you thereby acknowledge and agree that all Posted Information is publicly available to any viewer of the Site. You further acknowledge and agree that We shall have no responsibility, liability, or obligation to you with regard to the Posted Information, its protection, its use or misuse in anyway whatsoever by any entity, including but not limited to us. Without limiting the foregoing, you agree that the Posted Information is exempt from the application of our Privacy Policy, in that once personal data is posted publicly, we can have no control over what is done to it by third parties and the Privacy Policy cannot apply to data collected by third parties in those circumstances.

License to Posted Information

By submitting the Posted Information for publication on the Site, you grant to us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right (with rights to sublicense) to use, reproduce, display, modify, create derivative works, and distribute, in any format whatsoever, the Posted Information for any purpose.

You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization or for such third party's personal use.

If your Posted Information includes links to internet sites or e-mail addresses ("Posted Links"), you are deemed, to the extent you are able, to grant to us a worldwide, royalty-free, non-exclusive right (with rights to sublicense) to display Posted Links for so long as the Posted Information is available on the Site. We require that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link as part of a Posted Information for publication on the Site. By including a Posted Link you assume all liability arising therefrom, including liability for endorsing, sponsoring, recommending or otherwise approving the content of any linked site. We reserve the right in its sole discretion to remove any Posted Links for any reason whatsoever.

Inclusion of any Posted Links does not imply any endorsement by or our responsibility with regard to the contents of sites related to such links.

Use of Posted Information

The decision to make Posted Information available, or to use or respond to Posted Information, is yours alone. We have only made a portion of the Site available for the publication, distribution, and review of Posted Information. We are not involved in any transactions between the users who submit Posted Information, and the users who view or use such information. Without limiting the generality of foregoing, we are not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Site.

In addition, please note that we cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site.

We have no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. We may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by us of the Posted Information.

We reserve the right, in our sole discretion, to take any actions with respect to Posted Information as indicated below in the "USER REPRESENTATIONS AND WARRANTIES" Section below.

User Representations and Warranties

By registering or submitting Posted Information, you hereby represent and warrant:
That you have all right, title, and interest necessary to communicate such Posted Information, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you abide by these Terms of Use and make the Posted Information available;
By reviewing or using the Posted Information, you represent and warrant:
Failure to adhere to any of these Terms of Use may result in messages and/or Posted Information being blocked, deleted from the Site and possible lockout. We also reserve the right to take any actions it deems necessary or appropriate to protect the Site and its content.

If you believe that any Posted Information infringes your Intellectual Property Rights, you may notify us by contacting Infringement. We do not guarantee that it shall act on such notice.

For avoidance of doubt, please note that the term "Site" as used in Section 2 encompasses all content of this Site whatsoever, including but not limited to Posted Information and all materials and information accessible on or through the Site.

Disclaimers

THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AUDIOKINETIC, CRAS AND / OR THEIR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE THIS SITE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. WE MAY MAKE ANY OTHER CHANGES TO THIS SITE AND THE PRODUCTS, SERVICES, PROGRAMS OR PRICES (IF ANY) DESCRIBED ON THIS SITE AT ANY TIME WITHOUT NOTICE.

THE SITE IS PROVIDED BY US "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD THERETO. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES , EXPRESS OR IMPLIED, WITH REGARD THERETO, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY CONDITION OR WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, ANY WARRANTY THAT THE SITE WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED.

Exclusion of Damages and Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AUDIOKINETIC, CRAS AND / OR THEIR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS (AND WHETHER SUCH LOSS OF PROFITS IS DIRECT OR INDIRECT)) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF AUDIOKINETIC, CRAS AND / OR THEIR SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF AUDIOKINETIC, CRAS AND / OR THEIR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW OR THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LOWER.

Indemnification

You agree to indemnify and hold harmless us, and our licensors, suppliers, officers, directors, employees, and agents (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies).

Last Updated November 27, 2014.