DSP Concepts Website Terms of Use

 

Updated 04.XX.2022

 

Welcome to www.dspconcepts.com (“Site”). The Site is owned by DSP Concepts, Inc. (“DSP Concepts”). Our Website Terms of Use (“Terms of Use”) sets forth the terms and conditions under which visitors to the Site shall access, use and navigate the Site.

 

Your access, use or navigation of this Site indicates your acceptance of these Terms of Use and your rights and responsibilities when visiting the Site. If you do not agree to any of the provisions of these Terms of Use, then please do not visit the Site.

 

We may modify these Terms of use from time to time by publishing an updated version. YOUR CONTINUED access, USE or navigation OF ANY OF THE SITE AFTER publication of such CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

 

Information Submitted through the Site

If you use the Site to request information or materials about DSP Concepts or the AudioWeaver® development framework or other DSP Concepts products and services (“Products”), or to license the Products, then we may ask that you to supply certain applicable information. We will treat all such information as described in our Privacy Policy located at www.dspconcepts.com, which is incorporated into these Terms of Use by this reference.   By accepting these Terms of Use, you agree to our collection, use and disclosure of your information as described in the Privacy Policy. You represent and warrant that all information that you provide is and shall remain true, accurate and complete, and that you will regularly maintain and update such information.

 

Content

DSP Concepts or our licensors own and reserve all rights, titles and interests in and to the content, materials, information, technology, designs, marks and logos presented on the Site (“Content”), including without limitation all copyrights, trademarks, patents, trade secrets and all other intellectual property rights (“Intellectual Property Rights”).  You have no rights in or to the Content except as expressly set forth in these Terms of Use. You may view the Content on a single computer or device solely for your personal, informational and non-commercial purposes. You may also download and print, for your internal, informational and non-commercial purposes only, and not for distribution, Content that DSP Concepts specifically makes available for downloading. You shall not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Content. Your rights in and to the Content provided under these Terms of Use will not apply if you have been prohibited by DSP Concepts from accessing or using the Site.

 

Accounts

To use certain features of this Site, you will need to establish an account with us (“User Account”) and create a user name and password for such account, which you will receive through the Site’s registration process. When creating a User Account, you shall provide complete and accurate information as requested on the registration form, and you must maintain and update such information to keep it complete and accurate. You represent and warrant to us that each user of the account (“User”) is an authorized employee, agent or representative of you for the purpose of using the account. You shall keep confidential and not disclose to any third parties, and shall ensure that each User keeps confidential and does not disclose to any third party, any user identifications, passwords, account number and account profiles. You shall immediately notify us of any lost or stolen identification or password, any unauthorized use of a User Account, or any other known or suspected breach of security of the User Account or Site. You are responsible for all activities (whether by you, any Users or any other party) that occur under your User Account. We will not be liable for any loss or damage arising from your failure to protect your password or account information. We reserve the right to disable any User Account or user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

 

Rules of Conduct

When accessing, using or navigating this Site, including without limitation all User Accounts, you shall comply with all applicable laws, rules and regulations. You shall not:

  • copy, modify, distribute, translate, reverse engineer, decompile, disassemble or incorporate into any other work, or use for any purpose whatsoever, all or any part of the Site or the Content (except as may be expressly permitted under these Terms of Use)
  • remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site or the Content
  • frame or mirror the Site or any Content within any content or webpage not provided by us
  • submit any malware, virus, worm, Trojan Horse, spyware, adware or any other malicious or unauthorized code to the Site or Content
  • use any device, including without limitation any robot, spider, or site search or retrieval application to data mine, scrape, or reproduce or circumvent the navigational structure or presentation of the Site or Content
  • use automated or manual means to violate the restrictions in any robot exclusion headers on the Site or Content, or bypasses or circumvents other measures employed to prevent or limit access
  • interfere with or disrupt, or attempt to interfere with or disrupt, the proper functioning, operation or availability of the Site or Content
  • prevent or restrict any other person or entity from accessing or using the Site or Content including, without limitation, by means of "hacking" or defacing any portion of the Site
  • systematically download and store any or all of the Content to create a database or dataset
  • post, submit or share any text, information, content or materials which are unlawful, harmful, violent, abusive, threatening, obscene, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, hateful, or otherwise objectionable, as determined in our sole discretion
  • post, submit or share any text, information, content or materials, or otherwise engage in any behavior, which would infringe, misappropriate or otherwise violate anyone’s Intellectual Property Rights, privacy rights or any other proprietary rights
  • send us unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of solicitation
  • post, submit or share any text, information, content or materials that constitutes, or includes, any advertisement of any products or services, or solicits to anyone to buy or sell products or services, cease using the Site or visit another competing Site, or to make donations of any kind
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or access or use the User Account of another user without permission
  • wrongfully obtain (e.g., “hack”) or otherwise access without permission our proprietary or confidential records, or those of other Site users (including without limitation User login, password and other User Account information), or any other third party
  • improperly solicit personal or sensitive information from other users of the Site
  • collect any personal information (including without limitation any email addresses) that has been posted by other users of this Site to use for marketing or any other purposes except to the extent which may be expressly permitted by such user

DSP Concepts’ blogs and community forums consist of users who expect a certain degree of courtesy and professionalism. You shall use the User Accounts and Site in a courteous, professional and responsible manner. We may, but are under no obligation to, monitor or remove any comments, text, information, content or materials posted, submitted or shared by you or any other users on the Site, including without limitation any blogs or community forums.

 

Links

You may link to our homepage (www.dspconcepts.com) without our prior consent.  We reserve at all times the irrevocable right to rescind any consents to link to our Site and to take any and all appropriate legal action.  We may block links to the Site through technological or other means without prior notice and at any time and in our sole discretion.

The Site may contain links to, or may be linked from, the websites or services of our partners, suppliers, licensors or other third parties. You acknowledge and agree that (i) the existence of such links does not constitute our endorsement of these websites or services, (ii) we do not control the content or links that appear on these websites or services, (iii) we are not responsible for the practices employed by these websites or services, (iv) your browsing and interaction on these websites or services is solely at your own risk and is subject to those websites’ or services’ own terms and policies, and (v) you shall direct all complaints and concerns regarding these websites and services to the providers of these websites and services.

Waiver and Disclaimer of Warranties

By accessing, using or navigating the Site, you assume all risk of loss and waive any and all claims THAT YOU MAY HAVE UNDER ANY THEORY OF LIABILITY AS A RESULT OF your access, use or navigation of the Site OR THE CONTENT. THE SITE, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICES MADE AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

 

Limitation of Liability

We will not be liable for any malicious or unauthorized code that you or any third party encounter or receive. You are solely responsible for ensuring that you have the necessary and proper scanning and protection products and tools to maintain the security of your software, hardware, systems, data and information.

We are not responsible, and will not be liable, for the accuracy, completeness, appropriateness or legality of any comments, text, information, content or materials posted, submitted or shared on the site by you or by any other third-party users of the Site, including without limitation through the use of any User Account.

To the maximum extent permitted by law, we will not be liable to you or any third party, whether under tort, breach of contract, breach of warranty or any other theory of liability, for any indirect, consequential, special, incidental, compensatory, punitive or exemplary damages, or for ANY loss of profits, business, revenues, income, GOODWILL, software, hardware, systems, DATA OR INFORMATION, which may arise out of or result from any claim or cause of action related to the Site, or any content, information, product or services made available through the site, even if any such damages or losses were foreseeable or we had been advised of the possibility of such damages or losses.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES OF ANY KIND, whether UNDER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER THEORY OF LIABILITY, which may arise out of or result from ANY CLAIM OR CAUSE OF ACTION RELATED TO THIS SITE, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY THE SITE, WILL BE THE AMOUNTS ACTUALLY PAID BY YOU TO US TO ACCESS AND USE THIS SITE, IF ANY, BUT IN NO EVENT WILL SUCH LIABILITY BE IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100). THE PROVISIONS OF THIS PARAGRAPH WILL APPLY EVEN IF A PARTICULAR REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions may not allow the exclusion or limitation of incidental, consequential or other damages, so some of the above exclusions or limitations may not apply to you.

 

Indemnification

You shall defend us and our officers, employees, directors, investors, contractors, agents and representatives, at your sole cost and expense, from and against any and all claims, actions, suits, proceedings and demands (“Claims”) arising out of or resulting from: (i) your breach of these Terms of Use; (ii) any information that you provide to us through your access or use of the Site; (iii) any action, inaction, negligence, intentional misconduct, misrepresentation or fraud committed by you or your agents or representatives in connection with or resulting from your access or use of the Site or any Content, information, product or services made available through the Site, or (iv) any comments, text, information, content or materials posted, submitted or shared by you on the Site, including without limitation through the your use of any User Account. You shall pay for, and indemnify and hold harmless us and our directors, employees, investors, contractors, agents and representatives from, any and all damages, losses, liabilities, judgments, settlements, penalties, fines, costs (including without limitation court costs), expenses and fees (including without limitation reasonable attorneys' fees) incurred by us and/or our members, employees, investors, contractors and agents as a result of or in connection with any and all such Claims. 

 

Termination of Rights

We may terminate or suspend, in whole or in part, your right to access or use the Site, or any part of the Site, immediately, and at any time, without notice and for any reason or no reason. In the event of termination or suspension, you will no longer be authorized to access or use the part of the Site affected by such termination or suspension. The restrictions and prohibitions imposed on you with respect to Content downloaded or printed from the Site, your indemnification obligations, and our warranty disclaimers and limitations of liabilities, will survive any termination or suspension.

 

Violation of Terms of Use

Your violation of these Terms of Use may cause irreparable harm to us, for which monetary damages may be an inadequate remedy. You acknowledge and agree that we may immediately seek and obtain any injunctive or equitable relief that we deem necessary or appropriate in such circumstances, without having to post any bond. These remedies will be in addition to any other remedies we may have at law or in equity. We may disclose any of your information if we believe disclosure of such information is necessary or appropriate to (i) comply with any applicable law, rule, regulation, legal process or government request, (ii) enforce our Terms of Use, policies or other agreements, (iii) protect the security or integrity of our products and services, or (iv) protect our or others’ rights, property and safety.

Feedback

All comments, text, information, content and materials posted, submitted or shared by you on the Site will be deemed non-confidential. You have no obligation to provide us with any ideas, suggestions, comments, proposals or feedback of any kind (“Feedback”). If you do post, submit or share any Feedback, including without limitation new features, functionality, enhancements or improvements with respect to DSP Concepts’ products, services or otherwise, then we will be free to use the Feedback on an unrestricted basis and you grant to us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

 

Miscellaneous Terms

These Terms of Use will be governed by the laws of the State of California without regard to its conflict of laws provisions.   You irrevocably consent to submit to the jurisdiction and venue of the state and federal courts serving Santa Clara County, California with respect to any claim or dispute related to these Terms of Use.   If any provision of these Terms of Use is held to be unenforceable in whole or in part for any reason, then the remainder of that provision and these Terms of Use will be severable and remain in effect.  No waiver of any provision of these Terms of Use will be deemed a continuing waiver of such provision or any other provision of these Terms of Use.  These Terms of Use constitute the entire agreement between you and us with respect to your access, use or navigation of the Site.  No other agreement, statement or promise made prior to or at the time of your use of the Site will be binding.  The prevailing party in any action or proceeding arising out of or to enforce any provision of these Terms of Use will be awarded reasonable attorneys' fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

 

Contacting Us

If you have any questions, comments or complaints about the Site, you may contact us by email as provided for on the Site at www.dspconcepts.com, or at:

 

DSP Concepts, Inc.
3235 Kifer Road, Suite 100
San Clara, CA 95054

 

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