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Prosonic Studios Privacy Policy

We at Prosonic Studios (Prosonic Studios, LLC) are committed to improving your security and protecting your privacy. This Privacy Policy applies to our website www.prosonic-sessions.com and it governs our data collection, processing, and usage practices. By using the Website you consent to the practices described as follows:

What information do we collect?

We collect information from you when you register on our site, place an order or fill out a form.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To improve customer service
    Your information helps us to more effectively respond to your customer service requests and support needs.
  • To process transactions
    Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  • To administer a contest, promotion, survey or other site feature

  • To send periodic emails
    The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
    Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, financial information, etc.) will not be stored on our servers.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to this web site privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will update the Privacy Policy modification date below.

This policy was last modified on 10/28/2015

Contacting Us

If you have any questions regarding this policy please contact us.

PROSONIC STUDIOS SOFTWARE LICENSE AND MEMBERSHIP AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

The terms "Software" or "Website" in this Agreement are used to represent the website Prosonic Sessions located at http://www.prosonic-sessions.com/ and all of its content including but not limited to the musical patterns contained therein.

YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF SOFTWARE. USE OF SOFTWARE CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN YOU AND Prosonic Studios, LLC. Prosonic Studios, LLC reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not use Software.

The Software is provided "AS-IS." We do not provide any express or implied warranties of merchantability, suitability of any form for your particular needs, and/or completeness of Software. Software is used at your own risk. In no event will we (Prosonic Studios LLC), our agents, partners or affiliates be responsible for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and based on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this site or the software provided by this site, even if advised of the possibility of such damage.

Software is copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. Software shall remain the sole and exclusive property of Prosonic Studios, LLC. Use of Software is licensed, not sold, pursuant to the terms of this License Agreement. Use of Software without agreeing to this License Agreement, or a breach of these License Agreement terms, is copyright infringement.

1.   SOFTWARE LICENSE TERMS

A.   Permitted Uses: You may,

  1. Use Software on any of your computers but only one instance at a time;
  2. Use the musical patterns contained in Software to create your own larger musical composition(s);
  3. Use the larger musical composition(s), that you create, for either profit or non-profit.

B.   Prohibited Uses: You may NOT,

  1. Distribute or sublicense, transfer, or assign the rights of Software;
  2. Reverse engineer any part of Software;
  3. Use Software as part of any product or service that you either sell or give away;
  4. Use Software to create audio loops that you sell or give away;
  5. Use Software that would in anyway compete with Prosonic Studios, LLC. Prosonic Studios, LLC is in the business of licensing: music software, MIDI patterns and loops, and audio patterns and loops to its customers.

2.   MEMBERSHIP TERMS

A.   Full-Access 30 Days Free

Upon registration you get 30 days of Full-Access for free. After that you may subscribe for membership at the going rate or you may continue enjoying Software with the limited access features for free.

B.   Registration Data

Registration is required for you to establish an account at this site. You agree
  1. to provide current, complete, and accurate information about you as defined in our online registration form ("Registration Data"), and
  2. to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data.

C.   Membership Fees; Periodic Payment; ROSCA Disclosures.

  1. Payment of membership fees may be by credit card, PayPal, or by any other method approved by us. If for any reason we are unable to charge the full amount of the fees, or if we are charged back for any fee previously charged, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to Software.
  2. In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize Prosonic Studios, LLC to charge the credit card used in the registration process, or PayPal, as follows: charges will be monthly or yearly, for the dollar amount, and for the billing periods that are specified in the registration process. If the payment fails, we will retry the payment authorization. If authorization continues to be declined after 72 hours, we may terminate your account and rights to Software.
  3. We will email you a notice after each payment that will also provide you with a simple mechanism for canceling all future payments.

D.   Canceling Your Membership

You may cancel your membership by contacting Prosonic Studios, LLC by telephone at (505) 750-1881; or by email at customerservice@prosonic-studios.com.

E.   Refunds

If Prosonic Studios, LLC terminates this Agreement, your account, or any Service prior to the end of any active subscription period, and if you have not breached any provision of this Agreement, then you may request a partial refund of the fees that you have paid for that subscription period, based on the number of days remaining in the subscription period at the time of such termination. If your request is validly submitted in writing within thirty (30) days after such termination, then Prosonic Studios, LLC will issue the appropriate credit to your credit card or PayPal.

F.   Termination of Membership

You agree that we may terminate your account and access to the Software for cause without prior notice, upon the occurrence of any one of the following:
  1. any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the Software, or
  2. requests by law enforcement or other government agencies.
Termination of your account includes
  1. removal of access to Software, and
  2. deletion of your login data, password, and all related information.
Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Software. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.

G.   Monitoring

We reserve the right to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this Website.

3.   SECURITY

You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your link to the Internet. We shall implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion; provided, however, unless resulting from our failure to perform the forgoing obligations, you agree that we shall not, under any circumstances, be held responsible or liable for situations
  1. where data or transmissions are accessed by third parties through illegal or illicit means, or
  2. where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to us at the time.
We will promptly report to you any unauthorized access to your data upon discovery by us, and we will use diligent efforts to remedy any breach of security that permitted such unauthorized access. In the event notification to persons included in your data is required, you shall be solely responsible for any and all such notifications at your expense.

4.   ADDITIONAL TERMS

  1. We shall answer questions by email and telephone during our normal business hours regarding the use of the Software.
  2. Use of Software or Membership in the Software is void where prohibited.
  3. All other rights not expressly granted to you are reserved solely for Prosonic Studios, LLC.

5.   WARRANTY

A.   You fully agree and warrant that:

  1. You are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of you and/or your company, employer or principal;
  2. You do not reside in any country to which export of US products are prohibited or restricted and you may not ship, transfer or export any of the Software into any country or use any of the Software in any manner prohibited by any laws, restrictions or regulations;
  3. You will hold all passwords in the strictest of confidence. You may not share or disclose any password to any other user or third party. If you breach any provision of this section, we shall be entitled to (i) terminate this Agreement immediately, (ii) retain all payments paid pursuant to this Agreement and, (iii) seek any legal or equitable remedies.

6.   ENTIRE CONTRACT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Prosonic Studios, LLC, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Prosonic Studios, LLC RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQ'S, OTHER EXPLANATIONS, AND TEXT IN Prosonic Studios, LLC WEB SITES. WEB SITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.