May 2020 — Miking and Making Invisible
Here is the ProTools session and 24/96 wav files for ‘Turn Your Life Around’.
These files are intended for educational purposes only.
By downloading the files you agree to the terms listed below.
DOWNLOAD END USER LICENSE AGREEMENT
a. Content Provider – The content provider (“Content Provider”) on behalf of whom this site is used and managed is Recording Magazine, its affiliates and licensees. Its licensees may include a variety of artists, content creators and content owners and publishers including, for this application Nick D’Virgilio.
b. User – Any person or entity who uses this site in any manner and/or downloads the Contents referenced herein.
The content (“Content”) referenced in this Agreement includes musical compositions by Nick D’Virgilio in WAV and Avid Pro Tools 12 track format.
3. Limited License Terms
a. Right to Change Terms: Content Provider reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Agreement at any time without notice; any such change, modification, addition or deletion will be effective when it is posted on the Site.
b. No Sale: The Content delivered through the Service is licensed, not sold, to User for use only under the terms of this license. Content Owner and its licensees reserve all rights not expressly granted to User under this Agreement. The product that is subject to this license is referred to in this license as the “Content.”
c. Scope of License: This license granted to User for the Content by Content Provider is limited to a non-transferable license to use the Content on an AVID Pro Tools 12 platform that User owns or controls and as permitted by the following usage rules (the “Usage Rules”) and the license terms of AVID. This license does not allow User to use the Content on any AVID Pro Tools platform that User does not own or control, and User may not distribute or make the Content available over a network where it could be used by multiple devices at the same time. User may not rent, lease, lend, sell, redistribute or sublicense the Content. User may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Content, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law.) Any attempt to do so is a violation of the rights of the Content Provider and its licensors. If User breaches this restriction, User may be subject to prosecution and damages. Without limiting the scope of the forgoing the use of the Content by User is strictly limited to personal enjoyment and for no commercial or other purposes whatsoever.
d. Termination: The license is effective until terminated by User or Content Provider. User’s rights under this license will terminate automatically without notice from the Content Provider if User fails to comply with any term(s) of this license. Upon termination of the license, User shall cease all use of the Content, and destroy all copies, full or partial, of the Content. The Content Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Content at any time without notice. In no event will the Content Provider be liable for the removal of or disabling of access to any such Content. The Content Provider may also impose limits on the use of or access to certain Content, in any case and without notice or liability.
4. Intellectual Property Rights
User agrees that the Content contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that User will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Content. No portion of the Content may be reproduced in any form or by any means except as specifically set forth herein. User agrees not to rent, lease, loan, sell, republish, post, transmit or distribute the Content, in any manner, and User shall not exploit the Content in any unauthorized way whatsoever.
Content Provider may disclose information about User if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Content Provider may also disclose information about User to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce our Agreement, respond to claims that any User action violates the rights of third-parties, or to protect the rights, property, or personal safety of Content Provider’s owners, officers, directors, agents, subsidiaries, joint venturers, licensees or employees, the Site, its Users or the general public. Although Content Provider makes good faith efforts to store information in a secure operating environment not available to the public, Content Provider cannot guarantee complete security. Content Provider disclaims liability for unintentional security breaches.
6. User’s Representations:
Children under age 18 are not permitted to register for the Site. Content Provider does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Site. If users are under 18, please do not register for the Site. In the event that Content Provider learns that it has collected personal information from a person under age 18, Content Provider will terminate User’s access to the Site. User represents that User is over the age of eighteen (18).
User agree to indemnify and hold Content Provider, its subsidiaries, licensees and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint venturers and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by Content Provider, its licensees or any third party based on copyright infringement due to or arising out of User’s use of the Content in violation of this Agreement or User’s violation of any law or the rights of a third party.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Content Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site. Under no circumstances will Content Provider be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use or viewing of the Site.
9. Violation of This Agreement
User agree that Content Provider may, in its sole discretion and without prior notice, terminate User’s access to the Site and/or block User’s future access to the Site if we determine that User has violated this Agreement or other agreements or guidelines which may be associated with User’s use of the Site. User also agrees that any violation by User of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to Content Provider or its licensees, for which monetary damages would be inadequate, and User consents to Content Provider or its licensees obtaining any injunctive or equitable relief that Content Provider deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Content Provider or licensees may have at law or in equity.
a. The laws of the State of Colorado, excluding its conflicts of law rules, govern this Agreement, the relationship between Content Provider and its licensees and User and User’s use of the Content. User’s use of the Content may also be subject to other local, state, national, or international laws.
b. By visiting or using the Site, Users agrees that the laws of the United States of America and the State of Colorado, without regard to conflicts of laws principles, will govern this Agreement and any dispute of any sort that might arise between User and Content Provider and its licensees or any of its affiliates. Any legal action or proceeding related to this Site (including, but not limited to, User visits to or use of the Site or the Content and/or the relationship between any of them) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Boulder County, Colorado. To the extent User might have in any manner violated or threaten to violate Content Provider, it’s licensees or any of its affiliates’ proprietary or intellectual property rights, Content Provider may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, User hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, exclusive venue and jurisdiction in the state and federal courts of Boulder County, Colorado. The preceding provision regarding venue does not apply if User are a consumer based in the European Union. If User is a consumer based in the European Union, User may make a claim in the courts of the country where User reside.
c. Any claim, action or proceeding by User related in any way to the Site and/or the Service (including User’s visit to or use of the Site and/or the Service and/or the relationship between any of them) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees at all levels. In the event of any controversy or dispute between Content Provider and User arising out of or in connection with User’s use of the Site or the Content, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
d. This Agreement constitutes the entire agreement between User and Content Provider, and its licensees and affiliates regarding the use of the Site, superseding any prior representations or agreements between User and Content Provider relating to User’s use of the Site or the Content. No course of conduct between Content Provider and User or any other party be deemed to modify any provision of this Agreement. The failure of Content Provider to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. Content Provider reserves the right to make changes to the Site, policies, and this Agreement at any time. Changes take effect when they are posted on the Site.
e. The Site and its contents are intended to comply with the laws and regulations in the United States. Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in the United States. Any content, offer or service on the Site is void where prohibited.
f. User agree that Content Provider will not be liable to User or to any third party for termination of User’s access to the Site as a result of any violation of this Agreement.
g. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
11. No Warranty
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE CONTENT IS AT USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CONTENT PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CONTENT PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH USER’S ENJOYMENT OF THE CONTENT, THAT THE SERVICES PERFORMED OR GOODS PROVIDED BY, THE CONTENT PROVIDER WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CONTENT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONTENT PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CONTENT OR SERVICES PROVE DEFECTIVE, USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO USER. CONTENT PROVIDER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USERR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. APPLICABLE LAY MAY NOT ALLOW EXCLUSION OF CERTAIN OR ALL IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO USER IN SOME RESPECTS.
12. Limitation of Liability.
a. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CONTENT PROVIDER, IT’S AFFILIATES OR LICENSEES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM USER’S USE OF THE SITE, CONTENT OR THE SERVICE, ARISING OUT OF OR RELATED TO USER’S USE OR INABILITY TO USE THE CONTENT, SITE OR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO USER. USER’S SOLE REMEDY AGAINST CONTENT PROVIDER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If, notwithstanding the other provisions of this AGREEMENT, Content Provider is found to be liable to User for any damage or loss which arises out of or is in any way connected with User use of the Site or any Content, Content Provider’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to User.
b. CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.