These terms of use govern your access to and use of this website and any account on it. By using the site you agree to them. If you do not agree, do not use the site. What you may do with the plugins themselves is governed separately by the licence.
1. Who we are
This site is operated by Noem, based in India. Contact us at hello@noemaudio.com. In these terms, “we”, “us” and “our” mean Noem, and “you” means the person using the site.
2. Eligibility
You must be at least sixteen years old to use this site or to create an account. If you use the site on behalf of an organisation, you confirm that you are authorised to accept these terms on its behalf, and they bind that organisation.
3. The software we distribute
Plugins downloaded from this site are licensed, not sold, on the terms of the licence, which you accept when you download one. In summary: install it on the machines you work on, use it for personal and commercial projects, and do not redistribute it, resell it or present it as your own. Where these terms and the licence conflict in respect of the software, the licence prevails.
4. Accounts
An account is optional and everything on this site can be downloaded without one. You are responsible for keeping your password confidential and for all activity under your account. Tell us promptly if you believe someone else has obtained access to it. You must give an accurate email address that you control, and an address that has not been verified cannot be used.
You may close your account at any time from the account page, which deletes it immediately. We may suspend or terminate an account, withdraw access, or refuse a download, where we reasonably believe these terms or the licence have been breached, where doing so is necessary to protect the site or other users, or where required by law. Where it is reasonable to do so we will tell you why.
5. Acceptable use
You shall not:
5.1 use the site in breach of any applicable law, or for any fraudulent or unlawful purpose;
5.2 attempt to gain unauthorised access to the site, any account, any server or any system connected to it, or probe, scan or test its security or availability;
5.3 introduce any virus, worm, malicious code or other harmful material, or take any action that imposes an unreasonable load on the site or interferes with its operation;
5.4 use any robot, scraper, crawler or automated means to access the site or to download from it in bulk, or circumvent any rate limit, bot check or other technical measure;
5.5 collect or harvest data about other users, or use the site to send unsolicited communications;
5.6 submit an email address you are not entitled to use, or impersonate any person; or
5.7 reproduce, frame or systematically extract any part of the site except as these terms allow.
6. Our intellectual property
The site and its contents, including text, layout, design, graphics, screenshots, audio, video, the Noem name and the wordmark, are owned by us or licensed to us and are protected by intellectual property law. You may view the site and print or download extracts for your own personal, non-commercial reference. No other right is granted. You may not use our name, wordmark or branding without our prior written consent, except to refer to us fairly and accurately.
7. Material you send us
If you send us a preset, patch, recording, screenshot, bug report, suggestion, testimonial or other material, whether through a form, by email or otherwise, you grant us a non-exclusive, worldwide, royalty free, perpetual and irrevocable licence to use, reproduce, adapt, publish and distribute it on this site and in connection with our products and their promotion, with or without attribution.
You confirm that the material is yours to send, that it does not infringe anyone’s rights and that it is not unlawful. We are under no obligation to publish it, to keep it confidential or to pay for it, and we may remove it at any time. Do not send us anything you consider confidential.
8. Free plugins by other people
The list of free plugins by other developers is provided for convenience only. Those products are made, distributed and licensed by other people on their own terms, and we have no control over them. We do not endorse, warrant or accept any responsibility for them, for their content, for their safety, or for any loss arising from downloading or using them. Read the licence on each before releasing music made with it. We are not paid to list anything.
The same applies to any other website we link to. A link is not an endorsement, and we are not responsible for the content or practices of any site we do not operate.
9. Availability of the site
The site is provided free of charge and we do not guarantee that it will be available, uninterrupted or error free. We may suspend, withdraw, restrict or change all or any part of it, including any download or feature, at any time and without notice. We are not liable to you if the site is unavailable at any time or for any period.
10. Disclaimer
To the maximum extent permitted by applicable law, the site and its content are provided on an “as is” and “as available” basis without warranty of any kind, whether express, implied or statutory. We do not warrant that the information on the site is accurate, complete or current. Anything on the site is provided for general information and is not advice on which you should rely.
11. Limitation of liability
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, your statutory rights are not affected.
Subject to that, and to the maximum extent permitted by applicable law, we shall not be liable, whether in contract, tort including negligence, breach of statutory duty or otherwise, for any loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, loss of or corruption of data or recordings, or for any indirect, special, incidental, consequential or punitive loss, arising out of or in connection with your use of or inability to use the site.
Subject to the first paragraph of this clause, our total aggregate liability arising out of or in connection with these terms and your use of the site shall not exceed the total amount, if any, you have paid us in the twelve months preceding the event giving rise to the claim. To the extent that applicable law does not permit that limitation, our total aggregate liability shall not exceed fifty United States dollars.
Our liability in respect of the plugins themselves is governed by the licence.
12. Indemnity
You shall indemnify us and keep us indemnified against all liabilities, losses, damages, costs and expenses, including reasonable legal fees, that we incur arising out of or in connection with your breach of these terms, your misuse of the site, or material you send us.
13. Your data
What we collect, why, and what you can ask for is set out in the privacy policy. Downloading requires an email address; ticking the newsletter box is optional and separate, and leaving it unticked does not stop you downloading. You can ask for a copy of your data, or have it deleted, using the data request form, and an account can be deleted from the account page without asking us.
14. Price and availability of plugins
What a plugin costs, and whether it remains available, is shown on its own page at the time you download it. We may change prices, release paid versions, or stop distributing something, at any time. A copy you have already downloaded remains licensed to you under the licence.
15. Changes to these terms
We may amend these terms from time to time. The version in force is the one published on this page, and the date at the top changes when it changes in substance. Your continued use of the site after an amendment takes effect is acceptance of it.
16. General
16.1 Entire agreement. These terms, the licence and the privacy policy are the entire agreement between us in respect of the site. 16.2 Severability. If any provision is held invalid or unenforceable it shall be modified to the minimum extent necessary, or severed, and the rest continues in force. 16.3 No waiver. A delay in enforcing a provision is not a waiver of it. 16.4 Assignment. You may not assign these terms without our consent; we may assign them, including to a company we register to carry on this business. 16.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control. 16.6 Third parties. Nobody other than you and us has any right to enforce these terms. 16.7 Survival. Clauses 6, 7, 10, 11, 12 and 17 survive termination of your use of the site.
17. Governing law and jurisdiction
These terms, and any dispute or claim arising out of or in connection with them or their subject matter, including non-contractual disputes and claims, are governed by and construed in accordance with the law of India. The courts of India have exclusive jurisdiction to settle any such dispute or claim.
If you are a consumer resident elsewhere, this does not deprive you of the protection of any mandatory provision of the law of your country of residence, and you may be entitled to bring proceedings in the courts there.
18. Contact
Questions about these terms go to hello@noemaudio.com.