Terms of Service.

This site is owned and operarated by HighAndes Ltd. The Terms of service govern the operation and use of this site. By using the site you agree to be bound by the terms of service and the terms and conditions of the privacy policy statement (the privacy policy). HighAndes may make changes to the Terms of Service at its own discretion and these changes will become applicable and effective from the time of posting on the site. Notice of change to the Terms of Service will be clearly posted on the home page of this site immediately they become effective. If you continue to use the site after change of terms of service have been notified, then it will be taken that you have accepted the new terms of service as notified.

Privacy Policy.

By using the site it is accepted that you have read the privacy policy statement and that you have agreed to be bound by the term as stated. If you do not agreed to be bound by the Privacy policy term then you should not access the site at any time thereafter.

Grant of License -TrakAxPC

HighAndes Limited, of 9 Adelaide Court, Adelaide Road, Dublin 2, (together with any licensor under which it holds a license (together hereinafter referred to as “HighAndes")) is authorized either as owner of or as sub-licensee to license the Software HighAndes grants you, the Licensee, for your personal use only and not for re-sale or commercialization, a non-exclusive, non-transferable, revocable, right to use this single copy of the application programme (hereinafter to be referred to as the “Software") on a single computer. You, the Licensee may make one copy of the Software for archival purposes or back-up purposes only. The archival or back-up copy must clearly be identified and labeled as a copy. Full terms of the license agreement can be examined in the about section of the site.

Grant of License -TrakAxMobile

HighAndes Limited, (together with any licensor under which it holds a license and together with any duly authorized distributor or representative (together hereinafter referred to as “HighAndes")) is authorized either as owner of or as sub-licensee to license the Software (as defined above). HighAndes grants you a license to Use one copy of the Software for your personal use only and not for re-sale or commercialization, a non-exclusive, non-transferable, revocable, right to use this single copy of the application programme ( hereinafter to be referred to as the “Software"). “Use” means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. THIS SOFTWARE IS SUPPLIED “AS IS” AND WITHOUT WARRANTY AS TO PERFORMANCE OR MERCHANTABILITY, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. You may install and Use one copy of the Software on your Mobile Phone. The Software may not be shared, installed or used concurrently on different Mobile Phones. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any other Mobile Phone(s). You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 5. Title and intellectual property rights in and to any content displayed by or accessed through the TrakAx Mobile Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties and may be subject to terms of use of the third party providing such content. This License does not grant you any right to use such content. Full terms of the license agreement can be examined in the about section of the site.

Grant of License TrakPacks.

HighAndes Limited, of 9 Adelaide Court, Adelaide Road, Dublin 2, (under which it holds a license to license and distribute the Digital Media Content (together hereinafter referred to as “HighAndes")) is authorized either as owner of or as sub-licensee to license the Audio Content (as defined below). HighAndes grants you, the Licensee, for your personal use only and not for re-sale or commercialization, a non-exclusive, non-transferable, revocable, right to use this single copy of the audio content contained within the downloaded Trakpack files [and its documentation and files (hereinafter to be referred to as the “Audio Content") on a single computer. You, the Licensee, may make one copy of the Audio Content for archival purposes or back-up purposes only. The archival or back-up copy must clearly be identified and labeled as a copy and must clearly show any copyright label and other propriety notices attached to the original files and its related documentation and include all restrictions and protections specified in this License. You the Licensee are free to use the Audio Content in your own original composition subject to the terms of this agreement. Full terms of the license agreement can be examined in the about section of the site.

Content License Restrictions.

The Audio Content contains copyrighted material and other proprietary materials of HighAndes. You, the Licensee, agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: copy, lease, rent, modify or sub-license to any party of the Audio Content licensed to you, the Licensee, under this Agreement. The Audio Content may not be used in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials. Neither the Audio Content material whether it is loops, beats, one-shots, synths, percussion, pads, samples etc. or any portion thereof may be resold or redistributed as loops, beats, one-shots, synths, percussion, pads, samples etc. except to the extent permitted under U.S. copyright law.

Content Ownership.

All rights in the copyrighted material of the Audio Content are licensed, not sold, to you, the Licensee, for use only under the terms and conditions of the Trakpack content license Agreement. HighAndes reserves all rights not expressly granted to you in this Agreement. HighAndes retains title to the Audio Content and the copyrighted material in the Loop Library collection, and all intellectual property rights therein.

Content Third Party Intellectual Property Rights.

HighAndes take no responsibility for use by you, the Licensee, of the Audio Content, including with any other third party intellectual property. It is the Licensee’s sole responsibility to obtain all relevant authorities so as not to infringe any other parties’ intellectual property rights while using the Software.

Content Limited Product Warranty.

HighAndes warrants to you that the Audio Content will substantially conform to its published documentation and the media containing the Audio Content shall be free from material defects in material and workmanship, each for a period of ninety (90) days from the date of purchase as shown on your till receipt (the “Limited Warranty"). This Limited Warranty is void if failure of the Audio Content has resulted from accident, abuse, modifications or misapplication. This Limited Warranty is non-transferable and is personal to you, the Licensee, the original purchaser of the Product which includes the Audio Content. The Limited Warranty gives you specific legal rights, and you may also have other rights which vary under local laws.

Software License Restrictions.

The Software contains copyrighted material, trade secrets, and other proprietary materials of HighAndes. You the Licensee agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: copy, lease, rent, sub-license, decompile, reverse engineer, reverse-assemble, modify, create derivative works based on the software, translate any portion or all of the standard software or provide computer time-sharing or computer bureau services or similar shared networking facilities to any party for the Software licensed to you, the Licensee, under this Agreement.

Software Ownership.

The Software is licensed, not sold, to you, the Licensee, for use only under the terms and conditions of their respective Agreements. HighAndes reserves all rights not expressly granted to you, the Licensee, in their Agreements. HighAndes retains title to the Software, and all intellectual property rights therein.

SoftwareThird Party Intellectual Property Rights.

HighAndes take no responsibility for use by you, the Licensee, of the Software, including with any other third party intellectual property. It is the Licensee’s sole responsibility to obtain all relevant authorities so as not to infringe any other parties’ intellectual property rights while using the Software.

Disclaimer of Warranty.

EXCEPT TO THE EXTENT THAT BY LAW LIABILITY MAY NOT LAWFULLY BE EXCLUDED SOFTWARE IS SUPPLIED “AS IS” AND WITHOUT WARRANTY AS TO PERFORMANCE OR MERCHANTABILITY, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. HIGHANDES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR, THE LICENSEE’S, REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, HIGHANDES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIGHANDES, OR A HIGHANDES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ENTIRE OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Warranty.

IN NO EVENT WILL HIGHANDES OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), EITHER IN CONTRACT OR TORT, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF HIGHANDES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Full terms of the license agreement can be examined in the about section of the site.

Termination.

Licenses shall automatically terminate, without notice from HighAndes, if you fail to comply with any provisions’ of the License. Upon termination you must permanently remove any part of the Software loaded onto the hard drive of the computer or other storage medium under your control. You may terminate this License at any time by permanently removing any part of the Software loaded onto the hard drive of the computer or other storage medium under your control.

Entire Agreement.

This License constitutes the entire agreement between HighAndes and you, the Licensee, in respect of the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by a duly authorized officer of HighAndes.

Severability.

If for any reason a court of competent jurisdiction finds any provision of this License or any portion thereof to be illegal, invalid or unenforceable to any extent the remainder of this License shall continue in full force and effect. Governing Laws. All Licenses shall be governed and construed in accordance with the laws of Ireland.

Confidential and Propriety Information.

The Privacy Policy statement outlines how HighAndes collects and maintains confidential propriety and personal information from visitors to the site. By accessing and using this site you have agreed to be bound by the privacy policy statement terms and conditions and also to the terms of use. If you do not agree with the privacy policy statement, terms and conditions and also the Terms of use, then you should not access this site and should immediately desist from any continued use of the site. You agree to only access data on the site that is relevant to you and you agree not to access or attempt to access data related to any individual or whatever reason. If you become aware of any individual attempting to access information that they are not authorized to receive then you should immediately notify HighAndes with details of the unauthorized activity. If you should receive confidential information that is not intended for you, then you should destroy it immediately, not use it for any purpose, discuss it with any other parties and immediately notify HighAndes of this occurrence.

HighAndes maintains a discussion Forum.

All postings to the site will forever become the property of HighAndes. HighAndes will be entitled to use any submissions for any purpose whatsoever without compensation to you or any other person sending submissions. You acknowledge that you are responsible for whatever material that you post to the site and that you, not HighAndes Ltd, have the sole responsibility for its legality, originality and copyright. You will not post defamatory or libelous material, any material that could be judged to be violent or pornographic or could be seen as insulting to any religious or ethnic groupings.

SERVICE RULES

You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account while utilizing the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Services (“Service Content”). We list below some of the violations that may result in the removal, termination or suspension of your access to this site. Also, be advised, that governing laws in many jurisdictions may result in criminal or civil action, or both being initiated against offenders who breach the laws of theirs or other jurisdictions.

Prohibited Conduct

1. Harass, threaten, embarrass or cause distress unwanted attention or discomfort another to any use person or entity;
2. HighAndes will not condone any personal attacks, such as those based on a persons race, national ethnicity, religion, gender, lifestyle choice, age, disablement or other such affiliation, are strictly prohibited.
3. Post or transmit sexually explicit images or pornographic content, any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.
4. Transmit any unlawful, harmful, threatening, abusive, obscene, vulgar, harassing and defamatory, hateful, racially, ethnically or otherwise objectionable content.
5. Impersonate any person, including, but not limited to, HighAndes employees or hosts.
6. Violation of International, National, State or Local Laws or Regulations or transmitting material that causes or could cause offence, danger, damage, liability, claims or criminal conduct.
7. Supplying unlawful, false, libelous, defamatory, fraudulent, deceptive, erroneous, intimidating or objectionable information of any kind.
8. Listing of Prohibited Items.
9 Falsifying the identity of the User or source of any transmission.
10. The use of any software, device, routine or system to interfere or gain unauthorized access to the site, intercept, overload, expropriate, damage, disrupt transmissions to or from the site or pass viruses to the site. The same applies to associated computer systems or networks.
11. Transmitting, modifying, copying, reproducing, transferring, selling, distributing or exploiting any of the content of the site whether manually or automatically.
12. Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, any regulations having the force of law while using or accessing any of the services.
13. Invade the privacy or violate any personal or proprietary right of any person or entity.
14. Infringe the intellectual property rights or similar rights, including, but not limited to, copyrights and trademarks, or any person or entity.
15. Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation.

Links to our Site

If you desire to provide a hyperlink from your Web site to our Site, you must agree to be bound by the terms of our Hyperlink Agreement.

Other Business

From time to time, HighAndes Ltd may sell products manufactured by other businesses on the Site. We are not responsible for examining or evaluating their products, and we do not warrant their products or the contents thereof. HighAndes Ltd does not warrant to, nor assume any responsibility or liability for the actions, product, and content of their products or respective web sites. When you access a non-HighAndes Ltd site, please understand that it is independent from HighAndes Ltd, and that HighAndes Ltd has no control over the content on that Web site. In addition, a hyperlink to a non- HighAndes Ltd Web site does not mean that HighAndes Ltd endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Termination

HighAndes Ltd reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause and with or without notice.

Statute of Limitations

Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

Changes in Site Ownership

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of this Site, of any information about you held in the Site’s database(s) to the extent HighAndes Ltd assigns its rights and obligations regarding information about you in connection with a merger, acquisition or sale of all or substantially all of HighAndes Ltd assets to a subsequent owner or operator. In the event of such a merger, acquisition or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Service and Privacy Policy of the Site’s subsequent owner or operator. Notwithstanding the above, you will always have the opportunity to remove any content personal to you prior to, during and after any merger, acquisition or sale of all or substantially all of HighAndes Ltd s assets.

Other

Governing Law, Jurisdiction and Arbitration. These Terms of Service shall be governed and construed in accordance with the laws of Ireland.

Severability.

If any provision of the TOS shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.