These Terms of Service are valid as of their effective date, June 12 2020.
The Terms of Service (“Terms”) is a legal agreement between you and Raw Material Software Limited (“RMSL”, “us”, “we”) and applies to your use of the JUCE website (“website”, “service”, "account"), including any content and functionality, whether as a guest or a registered user.
If you are accepting these on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” will refer to that company or other legal entity.
To accept these Terms you must be an adult of the legal age in the country of your residence. If you are not an adult of legal age, but you are at least the age of 13, you can use the website only if your parent or guardian agrees to be bound by these Terms. Parents and guardians of users under the age of 18 agree to these Terms, and any reference to “you” shall include the parent or guardian.
We reserve the right to change these Terms of service. When we make changes to these Terms we will publish them on this page. This page should be checked regularly to see the latest version of the Terms of service. Continuing to use the website following revised Terms being published on this page means that you accept and agree to the changes.
At our reasonable discretion we may amend, remove, or restrict access to, the website and any related service and content to all or certain users without notice and without liability to you. This may be via means of cancellation, termination, or modification, or suspension of a user account. The website, or some subset of its functionality may be unavailable to you due to your geographic location. We may terminate or suspend your access to the website if you breach these Terms of service.
Your password provides access to your user account, and you are solely responsible for keeping your password secure and confidential. You are responsible for all use of your account (including any unauthorized use) on the website. You must immediately notify us of any unauthorized use of your account or any other breach of security. An account on the JUCE website cannot be transferred to another user.
We reserve the right to change your username if we deem it offensive, misleading, or infringing the rights of third parties.
We do not guarantee that the website will be secure or free from bugs, viruses, errors, or that any defects will be corrected. You are responsible for configuring your computers and computer programs in order to access our website, and your own virus protection software.
The JUCE website and associated content are provided “as is” and we disclaim all representations, warranties, and conditions, express or implied, including representations as to merchantability, fitness for any particular purpose, integration, the quality of our platform, or non-interruption.
We are a service provider and will not be liable in any way for any claim, damage, cost, liability, or loss of any kind, including loss or damage to your or your business, your account, your reliance on the platform, or personal injury, death, or property damage. Arising or relating to the platform for any reason. To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, exemplary or consequential damages (including loss of profits) arising from or relating to these Terms of service, our platform, or any content therein, including without limitation, even if informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
This disclaimer of warranty and limitation of liability are essential to these Terms of service and we do not allow access to the website without acceptance of these Terms. Nothing in these Terms is intended to exclude or restrict or shall be construed as excluding or restricting the liability of RMSL for (i) death or personal injury caused by the gross negligence of of RMSL; (ii) willful misconduct of RMSL, including fraudulent concealment of defects; or (iii) any liability which cannot be limited or excluded by applicable law. In such jurisdictions, the foregoing limitations will be enforced to the greatest extent permitted by applicable law.
You hereby agree to indemnify, defend and hold harmless, RMSL and our successors, assigns, affiliates, agents, directors, officers, employees, shareholders, licensors and service providers from and against any and all claims, obligations, damages, liabilities, losses, expenses, and costs, including reasonable legal fees, resulting from:
i. any breach by you of these Terms; ii. your content posted on the website; iii. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of us.
The JUCE website provides access to a payment processor where RMSL services or software may be offered as subscriptions, which auto-renew for the applicable subscription term, i.e., monthly, bi-annually, annually, etc. (“subscriptions”).
We use a third party payment processor to bill you through a payment account linked to your account on the JUCE website. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor, which are reviewable by following the applicable links when make a purchase on the JUCE website, in addition to these Terms. We are not responsible for error by the payment processor. By choosing to pay for services, you agree to pay us, through the payment processor, all charges at the prices then in effect and in accordance with then applicable payment terms and you authorize us, through the payment processor, to charge your chosen payment provider. If we do not receive payment from you, you agree to pay all amounts due immediately upon demand.
You must provide and keep current, complete, and accurate billing information in your account. You must promptly update all information upon any changes to the information in your account, and promptly notify us or your payment processor in the event of theft or security breach of your payment information.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
These Terms and any document expressly referred to in it constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
If you are a UK, EU, EEA or Swiss citizen, these Terms shall be governed by the laws of England and Wales without regard to its conflict of law rules and you consent to the exclusive jurisdiction of the courts located in London, UK.
If you are a US citizen, these Terms shall be governed by the laws of California without regard to its conflict of laws rules and you consent to the exclusive jurisdiction of the state and federal courts located in Santa Clara County.
If you live outside the US, UK and EU, EEA or Switzerland, you agree to the laws and jurisdiction of California as noted in the clause above.
You may have additional rights as a consumer under your local law.