Terms of Use

Welcome to the Terms of Use ("Terms of Use").Audio Pro Network Inc. along with our affiliated web properties including PureSoundPost.com and all of our web content including The Audio Post Career Accelerator (collectively, “APN,” “us,” or “we”) provide information, networks, educational materials, and mentorship opportunities for audio professionals (collectively, the "Services"), all of which are subject to and conditioned upon your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use and any other agreement(s) executed and in effect with APN or the platforms on which in the APN products, services or other content or materials are provided or made available (collectively, the “Service Agreement”). In the event of any conflict between any Service Agreement and these Terms of Use, the terms of the Service Agreement take precedence. Your use of the Services constitutes agreement to all of these Terms of Use, subject to the terms of any Service Agreement. If you do not agree to and accept these Terms of Use as superseded by any Service Agreement, please do not use or access the Services.Access to the ServicesSome Services are accessible to the public, and some are only accessible to registered and/or paid users. For registered and/or paid users, we provide access through unique log in identifiers and passwords (collectively, the “Credentials”). You will: (a) be responsible for the security and/or use of your Credentials; (b) not disclose such Credentials to any person or entity; (c) not permit any other person or entity to use your Credentials; (d) immediately notify us of any known or suspected unauthorized use of a Credentials or any other breach of security; and (e) use the Services in accordance with the terms and conditions of these Terms of Use and any Service Agreement. You are further responsible for all activities and all actions taken with or within your Credentials, and we will not be liable for any loss or damage arising from any unauthorized use of your Credentials. We may revoke access, in our sole discretion, to any Credentials that violates these Terms of Use or otherwise utilizes such credentials to disrupt or otherwise harm our Services, our sites, our systems or the systems of others.Services are Provided for Information Purposes OnlyAPN makes no express or implied representation or warranty about the accuracy, completeness, reliability, or timeliness of the Services. You should not use or rely on the Services as the sole basis for making decisions. You agree that you have responsibility to monitor changes to the Services. APN reserves the right to modify the Services at any time without notice, but does not undertake any responsibility to update or correct the Services.Occasionally there may be typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right at any time without prior notice (including after you have submitted your order) to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is erroneous, inaccurate, or incomplete.TransactionsWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.Ownership and Reservation of RightsThe Services and all of its content are the exclusive property of APN and its licensors and service providers. This includes, without limitation, all text, design, graphics, videos, logos, images, icons, downloads, interfaces, code, and software, and the selection and arrangement thereof. The Services and all of its content are protected individually and as a compilation by copyright, trademark, and other applicable laws of the United States and other countries, and APN reserves all its rights thereunder. All trademarks, service marks, and logos on this site are the property of their respective owners. No part of the Services shall be construed as granting any license or right to use any trademark, service mark, or logo without the owner’s prior written permission, except as otherwise expressly stated herein or in any Service Agreement. APN makes no warranty or representation that your use of the Services will not infringe rights of third parties.APN allows site users to access, download, print, and copy the material available through the Services for their use in connection with our products and services, provided that such use must be limited to what is reasonably necessary for such purposes, and that users must not modify or delete any copyright, trademark, or other proprietary notice on such material. Additional restrictions may apply based on additional Service Terms. APN expressly prohibits any other use of content available through the Services, including without limitation copying, uploading, modifying, distributing, publishing, transmitting, reverse engineering, selling, licensing, or creating derivative works from any such content or the APN products or services described herein. Any use of content available through the Services for purposes competitive to APN is expressly prohibited. APN also expressly prohibits any use of any hardware, device, software, or routine to damage or interfere with the Services or their operation or to gain unauthorized access to any hardware, software, system, or data.APN prohibits anyone from framing any site operated by APN or using APN content or proprietary marks as meta tags, except with our prior written consent. This prohibition covers all framing and “hidden text” techniques and technology.Payment ProcessingPart of the Services provided by APN may include access to and passage of information through a payment processing gateway, which may pass payment information, contact information, itemized invoices and other data submitted by or received by you as part of your use of the Services. The specific mechanics and terms of payment processing through APN are governed by the terms and conditions promulgated by our third party payment processor, and you will be transferred to their portal to fulfill any payment processing activities.Materials You SubmitYour use of the Services constitutes acknowledgement that you are responsible for any material you submit via the Services in any manner. Your responsibility includes without limitation assuring the legality, ownership of and truthfulness of intellectual property and other rights to the information you submit. You may not submit false or misleading information about your identity or contact addresses or the origin of the material you are submitting, including when registering and submitting content using the Services. You are prohibited from submitting, uploading, publishing, or otherwise distributing in connection with the Services any content that (i) may violate any law or give rise to liability; (ii) may violate or infringe on the rights of any party, including without limitation intellectual property rights and rights to privacy; (iii) is false, fraudulent, libelous, defamatory, obscene, sexually oriented, profane, threatening, harassing, abusive, or otherwise objectionable; (iv) is confidential or proprietary to a third party without their authorization; or (v) may contain malware, spam, commercial content, political campaigning, or chain letters.Submission of personal information to APN or its service providers and use of that information by APN are subject to the APN Privacy Policy (https://audiopronetwork.com/#privacy).By submitting any material to APN via the Services, you are granting APN and its affiliates an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, display, publish, reproduce, modify, adapt, translate, distribute, and create derivative works from such material throughout the world in any media. You further agree that APN and its affiliates are free to use any ideas, concepts, or know-how specifically regarding the Services. You grant APN and its affiliates in their discretion the right to use the name you submit in connection with such material. With respect to all material you submit, you represent and warrant that (i) it is accurate; (ii) you own or otherwise control all the rights to it; (iii) its use does not violate any provision of these Terms of Use; (iv) its use will not cause injury to any person or entity; and (v) you will indemnify and hold harmless APN, its affiliates, and its respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers for all claims resulting from it.LinksAs a convenience to you, the Services may contain links to other sites operated by APN, its affiliates, or third parties. Different terms and conditions may apply to your use of linked sites. APN is not responsible for the content, security, operation, or use of any linked sites operated by third parties or the products or services that may be offered or obtained through third party sites. Inclusion of links to other sites should not be viewed as recommendation, approval, or endorsement of those sites or their content by APN. APN is not responsible for any loss, damages, or other liabilities incurred as a result of your use of linked sites.DisclaimersYOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APN DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES REGARDING TITLE AND NON-INFRINGEMENT; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. APN MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SERVICES OR ANY TECHNOLOGY ASSOCIATED WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DELIVERY PLATFORMS, WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR TIMELY; OR (D) USE OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE SERVICES WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION YOU MAY OBTAIN FROM APN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM UPLOADING OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES.THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES. IN SUCH A JURISDICTION, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.Limitation of LiabilityYOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING: (I) THE SERVICES MADE AVAILABLE TO YOU ARE SUBJECT TO THE TERMS AND CONDITIONS HEREIN AND OF ANY SERVICE AGREEMENT; (II) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES; (III) USE OF THE SERVICES IS AT YOUR OWN RISK; (IV) ANY INFORMATION YOU SEND OR RECEIVE MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; AND (V) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITTEN AGREEMENTS EXECUTED BETWEEN US, NEITHER APN, NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR ANY OTHER SITE YOU USE TO ACCESS THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DELAY OR INABILITY TO USE THE SERVICES, OR FROM ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES, THE REMOVAL OR DELETION OF ANY MATERIALS POSTED ON OR SUBMITTED TO THE SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES, RELIANCE ON CONTENT, USER SUBMISSIONS, AND/OR OTHER SUBMISSIONS MADE AVAILABLE THROUGH OUR SERVICES, OR ANYTHING OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF APN, ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, DEFECT, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DELAY, MALWARE, DATA CORRUPTION, OR NETWORK OR SYSTEM OUTAGE RELATING TO THE SERVICES. THIS DISCLAIMER ALSO APPLIES TO ANY TANGIBLE OR INTANGIBLE LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OF YOUR OR ANY THIRD PARTY’S PROFITS, AND ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT APN, ITS AFFILIATES, AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY ACTS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USER OF THE SERVICES.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE SERVICE AGREEMENT. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS. IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.ReleaseIf you have a dispute or claim relating to the Services or against one or more users of the Services, to the fullest extent permissible under applicable law, you hereby release APN, its affiliates, and its respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers from claims, demands, and damages (direct and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. You expressly waive any protections (statutory or otherwise) that would limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time you agree to this release.IndemnificationYou agree to indemnify, defend, and hold harmless APN, its affiliates, and its respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Services or any violation of these Terms of Use. If you cause a technical disruption to the Services or the systems making the Services available to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. APN reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with APN in the defense of such matter.

Jurisdiction and Applicable LawThese Terms of Use and your use of the Services are governed by the laws of the United States and the State of New York. By using the Services, you irrevocably consent to the jurisdiction of the courts located in the State of New York for any action arising out of or relating to use of the Services or to these Terms of Use.We recognize that the Services may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of New York. Users should be aware that data related to the Services is hosted in the United States. Because we cannot practically prevent users in different jurisdictions from accessing the Services, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Services or any of its content, the Services are not intended for you, and we ask you not to use them.You acknowledge and agree that materials found through the Services may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the materials, nor any direct product therefrom, are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, North Korea, Syria, and the Sudan. This list is subject to change without further notice from APN, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.Any of our technology for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable.Class Action WaiverTO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, YOU AND APN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and APN agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.Termination or Restriction of AccessAPN reserves the right to remove or bar any person from the Services and prevent anyone from uploading or downloading materials to or from the Services, without notice and in APN’s sole discretion. APN also reserves all other rights it may have, including without limitation the right to seek any other relief to which APN may be entitled by law or in equity.No WaiverYou agree that any failure by APN to enforce any provision of these Terms of Use or respond to a breach by you or another party does not in any way waive our right to enforce subsequently any provision of these Terms of Use or any right of APN or to act with respect to similar breaches.Notice of Copyright InfringementIf you believe in good faith that your copyrighted work has been reproduced on or linked to without authorization in a way that constitutes copyright infringement, please provide notice to APN DMCA Agent at the following email address: [email protected] Your notice should include the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) the location of the allegedly infringing material within the Services that is requested to be removed; (iii) your name, address, daytime telephone number, and email address so that we may contact you if necessary; (iv) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notice is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright and submit the statement. We will use the information you submit to make a good faith determination of whether an infringement has taken place and whether the material at issue will be removed.Changes to These Terms of UseAPN reserves the right, at any time and in its sole discretion, to change these Terms of Use in whole or in part, by posting revised Terms of Use. Where practicable, we may provide you with thirty (30) days’ notice of any material changes to these Terms of Use. You are responsible for reviewing, agreeing to, and complying with the Terms of Use in effect at the time you use the Services, subject to any Service Agreement. Your continued use of the Services constitutes acceptance of the Terms of Use then in effect, subject to any Service Agreement.Entire Agreement, Admissibility, and SeverabilityThese Service Agreement, including these Terms of Use, constitute the entire agreement and understanding between APN and you with respect to the subject matter thereof and supersede all prior or contemporaneous oral or written communications or proposals between APN and you with respect to such subject matter; provided that any written, signed contractual agreement with APN in connection with provision of any Services supersedes any contrary information herein. You agree and acknowledge that your use of the Services does not make APN your agent for any purpose, and that no agency, partnership, joint venture, or similar relationship exists, or is intended to exist between you and us by virtue of your use of the Services or the content thereof. There shall be no third-party beneficiaries to these Terms of Use. A printed version of these Terms of Use shall be admissible in any judicial or administrative proceeding based on or relating to the Services or their use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.If any provision of these Terms of Use is determined by a competent court with jurisdiction in the matter to be invalid, unenforceable, or void pursuant to applicable law, that determination shall not invalidate or void the remainder of these Terms of Use, and the parties agree and intend that these Terms of Use shall be amended by changing the offending provision only as far as is necessary to make it valid, legal, and enforceable while preserving its intention or, if such modification is not possible, the parties will substitute another provision that is valid, legal, and enforceable to achieve, as far as possible, the same results between the parties.Contact UsIf you have any questions or comments about these Terms of Use or the Services, you may contact us using any of the following methods:

Email: [email protected]
Last updated: July 12, 2023