Last updated May, 2021
Terms & Conditions ↓
By visiting our site and or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms & conditions and policies referenced by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement then you may not access the website or use any services.
Section 1 – Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, artwork, graphics, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, unless you are granted a license to do so.
Section 2 – Trademarks
The Company name, the titles of Purchased Music, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks in any way that disparages us or any third party. You must not use such marks without the prior written permission of the Company; we hereby authorize you to use such marks to publicize Purchased Music and your authorized use of Purchased Music. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Section 3 – Misuse Of Service
- Use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any materials on the website unless we grant you written consent and/or license to do so.
- Upload any viruses or other material that is malicious or technologically harmful to the website
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website including user accounts. And / or attempt to gain unauthorized access to the server on which the Website is stored, or any server, computer, or database connected to the Website.
Section 4 – Payments
Payment will be taken from the Credit or Debit Card (or through PayPal) that you have provided when you register. All payment gateways are safe, encrypted and protected.
You agree to provide complete and accurate purchase and account information for all purchases made at our store.
Section 5 – Downloads
The “Downloads” we sell are “Products” in digital format that are transferred from our server(s) direct to your computer.
The purchaser of the product(s) may have a limited amount of downloads available in their account depending on the product. If you run out of downloads you will need to re-purchase the product.
Section 6 – Third Party Links
Third-party links on this site may direct you to third-party websites that are not affiliated with us. You can learn more about third-party links that are affiliated with us by clicking on the “Affiliate Disclosure” section of this page. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Section 7 – Newsletter Emails
If you create an account on our website or download any materials on our website you agree that we may store your email and send you an occasional newsletter email. Our newsletter may contain information regarding updates to the website, informational articles, sponsored information, new product information or offers.
We will remind you how we got your email at the bottom of each newsletter. Should you wish to not receive any contact from us you may at any time cancel your account on the “your account” page. You may also unsubscribe from our emails at any time by clicking the “unsubscribe” button at the bottom of each newsletter email.
Section 8 – Account Restrictions
You may not give out your password to a third party. You are solely responsible for the use or misuse of your customer account. The license agreement you obtain when you purchase a product from this website can only be used by you. In other words, your product licenses and/or customer account details cannot be sold, transferred, rented or used by any third-party. You are not permitted to make copies of the Products you’ve purchased with the intention to give, sell, loan, broadcast, send or transmit products to friends and family or anyone else, as these acts breach international copyright laws.
You may not upload the Products you purchase to file-sharing sites, torrent sites, Peer-2-Peer sites, Crack or Warez sites. We reserve the right to share your details with any manufacturer listed on our site which holds copyright for a product which you have illegally shared. You may not resell the products you buy from this website to any third party, as the license for these products is non-transferable.
Section 9 – Exclusions
We will do everything in our power to ensure that this website is operational 24 hours a day, 365 days a year. However, we make no guarantees about the availability of our service. We shall have no liability for your Products once the Product is transferred to you. It is your responsibility to backup the Products you buy from us. We will offer you a free copy of your download links in the future, though, should you have a hard drive problem, for example.
However, we will only be able to re-send you links for products which are currently available at that moment in time. If your purchase history includes products we no longer sell, we will be unable to re-send you these links.
Section 10 – Breach of Terms
We hold the right to immediately temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you: (a) if you breach this agreement; (b) if we are unable to verify or authenticate any information you provide to us; (c) if we believe that your actions may cause legal liability for you, our users or customers or us (d) or for any other reason that we choose. We will in most cases give a warning but hold the right to suspend, terminate, limit or delete your account or any part of at any time without warning, question or explanation for any reason we see fit.
Section 11 – Limitation of Liability
In no event shall we or any of our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, contractors or shareholders be liable for lost profits or any consequential, indirect or incidental damages arising out of or in connection with the website, our services or this agreement.
Section 12 – Governing Law
This agreement shall be governed in all respects by the laws of the United States.
**VST Software License Agreement**
This Software License Agreement (“Agreement”) is entered into between you (the “User”) and Clark Pro Audio, LLC (hereinafter referred to as “Licensor”) for the use of the listed VST software(s) available on Clarkaudio.com and associated materials. By installing or using the software, the User agrees to be bound by the terms and conditions outlined in this Agreement.
**1. Grant of License:**
1.1 **Usage Rights:** Licensor grants the User a non-exclusive, non-transferable license to use the VST software and any associated audio recordings (the “Software”) in personal and commercial projects, royalty-free.
1.2 **Prohibited Activities:** The User is expressly prohibited from:
a) Attempting to reverse engineer, decompile, or disassemble the Software.
b) Attempting to crack or bypass any security measures implemented in the Software.
c) Redistributing, sharing, or selling the Software or any part thereof.
1.3 **Single User License:** This license is granted for a single user only. The User may not share or sell their license to any other individual or entity.
**2. Intellectual Property:**
2.1 **Copyrighted Materials:** The Software includes copyrighted audio recordings, designs, and other intellectual property owned by Licensor. All rights to these materials are retained by Licensor.
2.2 **Trademark:** The name “Lofi Panda” is a registered trademark of Clark Pro Audio, LLC. The User is prohibited from using the name “Lofi Panda” in any manner that may cause confusion or dilution of the trademark.
**3. Legal Consequences:**
3.1 **Violation of Terms:** Any breach of this Agreement by the User may result in legal action, including but not limited to injunctive relief, damages, and attorney’s fees.
4.1 **Termination by Licensor:** Licensor reserves the right to terminate this license, with or without notice, in the event of any violation of the terms and conditions set forth in this Agreement.
5.1 **Entire Agreement:** This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, written or oral.
5.2 **Governing Law:** This Agreement shall be governed by and construed in accordance with the laws of the United States.
5.3 **Severability:** If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
**By using the available VST software, the User acknowledges that they have read and understood this Agreement and agree to be bound by its terms.**