These Terms govern access to and use of the plugin subscription service ("Service", "Subscription") provided by Kush Audio LLC ("Kush", "Kush Audio", "We", "Our" or "Us"). By using our service, you agree to be bound by these Terms. If our service is being used on behalf of an organization, you agree that these Terms will bind that organization as well, and that in these Terms, "you" or "your" refers to that organization.
We may update these terms at any time by posting the most current version on our website. Any and all new features added to our Service are subject to these terms. If an update to the Terms alters your rights or access in any material way, we will notify you either via email sent to the address on file with your Service account, or by posting an update to our website. If you don't agree to a modification, you can terminate your use of our Service via customer portal access, or by requesting that we terminate your use of the Service on your behalf.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KUSH AUDIO LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSSES, WHETHER TANGIBLE OR INTANGIBLE, RESULTING FROM AUTHORIZED OR UNAUTHORIZED USE OF OR ACCESS TO OUR PRODUCTS.
You represent and warrant that you are at least 18 years of age, or the applicable age of majority in your geographic area, and that you have the legal right, ability and authority to be bound by these terms. You agree to provide accurate and complete registration information as requested by our Service's sign up process, and that you will not provide false or fraudulent information when doing so.
Subject to your acceptance of and compliance with these terms, we grant you a non-exclusive, non-transferable, non-assignable, worldwide, limited license ("The License") to use our Service that you have ordered and paid for for as long as your registration remains active. The License grants you sole access to and use of the software included in the Subscription for as long as your registration billing remains current.
The Service provides subscription-based licenses to use Kush Software, and/or software licensed to Kush by its partners. All Terms apply to any software or subscription included in the Service.
Kush Subscription Services may be billed either Monthly or Annually at your discretion during registration, and will re-bill at the end of each term according to its length until or unless the Service is terminated for any reason.
Upon completion of Registration, you agree to be billed immediately for the cost of your first term. Kush will then deposit the appropriate PACE Anti-Piracy Activation Licenses to the iLok username provided during your registration. These licenses will remain available for activation so long as you remain registered for the Service AND so long as your billing information is accurate AND so long as renewals are successfully billed according to the length of the Subscription term.
By completing registration, you agree to be billed for all subsequent renewals, and you acknowledge that an active internet connection is required at the time of renewal on any device to which the Activation Licenses have been deposited in order to maintain uninterrupted use of the software provided with The Service.
We will make reasonable efforts to ensure your access to the Service remains functional 24/7, except for downtime resulting from any circumstance beyond our control, including (but not limited to) acts of god, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, internet access failure, power surges, and denial or service attacks. Despite our efforts, our Service or any functionality of the software licensed by it, may from time to time encounter technical or other difficulties and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our Service, or any functionality, or any damages resulting therefrom. We reserve the right to modify, suspend, or discontinue all or any part of our Service at any time for any reason without liability to you.
Kush will charge you a fee based on your selected subscription type and term, and will charge your payment method in advance for the subscription term you have agreed to during your account's activation. Should you upgrade or downgrade your account plan, your payment method will be charged for your new billing rate. At the time of your upgrade or downgrade, your prior account plan charges will be prorated based on the number of days under the prior account plan. Your payment method will then be charged at your new billing rate for the new subscription term thereafter. All payment obligations are non-cancelable and all amounts paid are refundable ONLY at the sole discretion of Kush or its agents.
PAYMENT INFO: Kush does not retain direct access to your payment information. Our payment processor, Stripe, does keep it on file for recurring billing purposes, but at no point is your full payment info on display or available to anyone at or affiliate with Kush Audio, except where expressly required in order to provide continued access to The Service under the terms of this agreement. Additionally, If you would like to be sure your payment info is deleted in full, we can do so at any time upon request. (Just keep in mind that your subscription will not renew should your payment info be deleted.)
You may also, at any point, delete your payment information from our subscription system via your Subscription Portal. Login instructions are provided when you sign up, so don't lose that email! (If you need a reminder, you can always CONTACT US for assistance.)
LOCATION INFO: Once you've completed sign-up for any Kush subscription product, your billing address, name, email, and iLok username are all on file in our subscription system. This is entirely for purposes of fulfilling and renewing your subscription, and to keep you up to date on the specifics of your subscription including, but not limited to, new product announcements, software updates, and updates to the terms of service. As with your payment info, this information may be edited or removed via the subscription customer portal, or upon request by our incredibly friendly support team. (Note: as long as your subscription is active, we need to keep this info on file. If you cancel your subscription and would like us to delete this info, simply contact us via our support form and we can remove your data upon request.)
You are solely responsible for (i) your access and use of our Service and compliance with these Terms, (ii) maintaining the confidentiality of your log-in information, credentials and passwords associated with your account, and the privacy and security of your account, (iii) all activities that occur regarding your account regardless of whether the activities are undertaken by you or a third party (including your contractors or agents). We are not responsible for any alteration, compromise, corruption or loss of your Customer Data, or any activity that arises from any access to, sharing or use of your account, log-in information, credentials or passwords, or your activities, except to the extent caused by our breach of these Terms. You agree to notify us immediately of any unauthorized access or use of your account, log-in information, credentials or passwords, or any unauthorized activity in your account. We have the right to suspend or terminate our Service, without notice to you, if we suspect any unauthorized activity. You also agree to comply with all applicable laws, rules and regulations in connection with your use of our Service.
OUR SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICE OR ANY PART THEREOF, OR USE THEREOF WILL BE ERROR-FREE, UNINTERRUPTED, SECURE OR VIRUS FREE, WILL MEET YOUR QUALITY AND PERFORMANCE REQUIREMENTS, OR WILL BE CORRECTED FOR ANY DEFECTS WITHIN A STIPULATED PERIOD PURSUANT TO ANY SERVICE LEVEL AGREEMENT. YOU UNDERSTAND THAT IN USING OUR SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES THAT ARE NOT UNDER OUR CONTROL. WE MAKE NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES. YOU ASSUME THE ENTIRE RISK OF AND SHALL NOT HOLD US RESPONSIBLE FOR ANY ALTERATION, COMPROMISE, CORRUPTION OR LOSS OF CUSTOMER DATA, NOTWITHSTANDING ANY SECURITY OR OTHER MEASURE THAT MAY BE PROVIDED BY US.
EXCEPT FOR YOUR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF BUSINESS, GOODWILL, USE OR OTHER ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, OR ANY ALTERATION, COMPROMISE, CORRUPTION OR LOSS OF CUSTOMER DATA) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OUR SERVICE, THE DOCUMENTATION OR USE THEREOF OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THIS LIABILITY LIMITATION, KUSH SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, KUSH’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE FEES PAID AND PAYABLE BY YOU FOR OUR SERVICE FOR THE SIX MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM FOR SUCH DAMAGE. FOR CLARITY, THE ABOVE LIMITATIONS SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS TO US FOR OUR SERVICE. No claim against Kush may be brought more than one year after the facts giving rise to such claim have arisen. This liability limitation forms an essential basis of the bargain between the parties and shall survive and apply even if any remedy specified in these Terms is found to have failed its essential purpose.
The term of our Service (the “Term”) begins on the date you signed up for the Service, and continues until terminated pursuant to these Terms. You may terminate our Service and these Terms at any time for any reason by e-mailing us at firstname.lastname@example.org, or via the contact form at www.thehouseofkush.com/support, and ceasing all use of our Service. We may suspend or terminate our Service and these Terms at any time for any reason by notifying you in writing, but if our suspension or termination is based on your suspected or actual breach of these Terms, we may suspend or terminate our Service without providing any notice to you. Upon any expiration or termination of our Service, (i) all unpaid fees during the Term accrued through and including the 30 days period in which our Service were terminated will become immediately due and payable, (ii) our Service will immediately cease and (iii) the rights granted by us to you under these Terms will cease immediately. Any suspected or actual illegal activity that were grounds for termination of your use of our Service may be referred to law enforcement authorities. We shall not be liable to you for any suspension or termination of our Service. Notwithstanding the foregoing, the Sections of these Terms entitled “Fees”, “Customer Data”, “Warranty Disclaimer”, “Liability”, “Termination”, and “Contact Information” will survive any expiration or termination of these Terms.
We may communicate with you via email at the email address associated with your account, or through our Services (e.g., through pop-ups), or our website regarding your account, system updates or other matters related to our Service and your account. You may opt out of receiving emails from us by terminating our Service. If you have any questions about these Terms, or if you want to contact Kush for any reason, please email us at email@example.com