,
including, without limitation, any material
and/or data developed by Soundpages.com Inc or
by third parties ("information providers"), is
at your sole risk. The site, and any content or
materials available through the site, are
provided on an "as is" and "as available" basis
and without warranty of any kind, express,
implied or statutory. Soundpages.com Inc and the
information providers hereby expressly disclaim
all such warranties including, without
limitation, any implied warranties or
merchantability, fitness for a particular use or
purpose, title, or noninfringement, or any
warranty as to results that may be obtained
through the use of the site. Soundpages.com Inc
does not represent or warrant that the site will
function without interruption, that the site is
error- or defect-free, that any such defects or
errors will be corrected, or that the site and
the server(s) that make the site available are
free of viruses or other harmful components.
No advice or information, whether oral or
written, that you obtain from Soundpages.com Inc
or otherwise through your use of the site shall
create any warranty on the part of
Soundpages.com Inc or the information providers.
Further, Soundpages.com Inc and the information
providers do not warrant or represent that the
use or the results of the use of any content or
materials made available through the site or
from third parties will be correct, accurate,
timely, reliable or otherwise.
LIMITATIONS ON LIABILITY:
In no event shall Soundpages.com Inc, the
information providers or any other person or
entity involved in creating or distributing the
site be liable for any direct, indirect,
incidental, special or consequential damages,
however arising and under any theory of
liability (including, without limitation, tort,
including negligence and strict liability,
breach of contract or breach of warranty), that
result from your use or inability to use the
site, any changes to the site or this agreement,
unauthorized access to or alteration of your
transmission of data, any material or data sent
or received or not sent or received, or any
transactions entered into through the site.
Soundpages.com Inc is not responsible or liable
for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any
other party or any infringement of another's
rights, including intellectual property rights.
If you are dissatisfied with the site or the
services, content or materials available on or
through the site, your sole and exclusive remedy
is to discontinue using the site. The foregoing
limitations on liability shall be applicable
even if Soundpages.com Inc or the applicable
third party knew or should have known of the
possibility of such damages and notwithstanding
the failure of essential purpose of any limited
remedy. Some jurisdictions do not allow the
exclusion or limitation of incidental or
consequential damages, so the above limitation
or exclusion may not apply to you.
ALLOCATION OF RISK:
You agree that the disclaimer of warranties,
limitations on liability, and indemnification
provisions set forth in this agreement represent
and agreed upon allocation of risk between you
and Soundpages.com Inc and form an essential
part of the basis of their bargain, without
which Soundpages.com Inc would not enter into
this agreement or provide the site.
OWNERSHIP OF MATERIALS:
The contents of the Site, including without
limitation text, software, photos, graphics, and
all other audiovisual elements are copyrighted
by Soundpages.com Inc as a collective work under
the United States copyright laws. Except for
material in the public domain, Soundpages.com
Inc and its licensors hold copyrights to all
content appearing on the Site. Soundpages.com
Inc permits, without charge, the reproduction
and distribution of Soundpages.com Inc material
contained on the Site for non-commercial
educational and personal uses; provided that
such materials remain unaltered and are
accompanied by a clearly visible copy of any
copyright notice appearing on such materials and
by the Site's URL (http://www.LearnAudioSoftware.com).
The only exception to this is any Soundpages.com
Inc Award graphic, link, text, criteria, rules,
etc.. We retain and reserve all rights to this
information. Other reproduction, distribution,
retransmission, modification, public display,
and public performance of such materials is
prohibited without the prior written consent of
Soundpages.com Inc. To obtain such consent,
please contact us
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT
INFRINGEMENT IS CLAIMED:
Soundpages.com Inc respects the intellectual
property rights of others. Pursuant to Title 17
U.S.C.512, as amended by Title II of the Digital
Millennium Copyright Act ("the Act"),
Soundpages.com Inc has implemented procedures
for receiving written notification of claimed
copyright infringements and for processing such
claims in accordance with the Act. If you
believe your copyrights are being infringed by a
Member, please contact us.
The information requested by the Notice of
Infringement Form substantively complies with 17
U.S.C. 512(c)(3)(A), which provides:
To be effective under this subsection, a
notification of claimed infringement must be a
written communication provided to the designated
agent of a service provider that includes
substantially the following:
A physical or electronic signature of a
person authorized to act on behalf of the owner
of an exclusive right that is allegedly
infringed. Identification of the copyrighted
work claimed to have been infringed, or, if
multiple copyrighted works at a single online
site are covered by a single notification, a
representative list of such works at that site.
Identification of the material that is claimed
to be infringing or to be the subject of
infringing activity and that is to be removed or
access to which is to be disabled, and
information reasonably sufficient to permit the
service provider to locate the material.
Information reasonably sufficient to permit the
service provider to contact the complaining
party such as an address, telephone number, and
if available, electronic e-mail address at which
the complaining party may be contacted. A
statement that the complaining party has a good
faith belief that use of the material in the
manner complained of is not authorized by the
copyright owner, its agent, or the law. A
statement that the information in the
notification is accurate, and under penalty of
perjury, that the complaining party is
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Notification from a copyright owner or from a
person authorized to act on behalf of the
copyright owner that fails to comply
substantially with the provisions above shall
not be considered as providing actual knowledge
or an awareness of facts or circumstances from
which infringing activity is apparent. Please
provide a Notice of Infringement Form
information each time you wish to report alleged
acts of infringement.
Please note that Soundpages.com Inc will
terminate in appropriate circumstances the
account of any Member who repeatedly posts
infringing material on the Site.
INDEMNIFICATION:
You agree to hold harmless Soundpages.com Inc
and its Information Providers and any other
person or entity involved in creating or
distributing the Site, as well as each of their
respective affiliates and their respective
directors, officers, employees and agents, from
and against any and all claims, liabilities,
damages, losses, costs, fees (including
reasonable attorneys' fees) and expenses that
such parties may incur as a result of or arising
out of your (or, in the case of Members, anyone
using your account's) use of, or conduct with
respect to, the Site.
MODIFICATION OF AGREEMENT:
You agree that Soundpages.com Inc may change the
terms and conditions of this Agreement,
unilaterally, and at any time, by conspicuously
posting notice of such change on the Site for a
period of five (5) consecutive days. Continued
use of the Site after such notice will
constitute your acknowledgment and acceptance of
the revised terms and condition.
GENERAL:
This Agreement contains the complete and final
statement of the understanding between you and
Soundpages.com Inc with respect to, and
supercedes any and all prior or contemporaneous
negotiations, agreements or communications,
whether written or oral, between you and
Soundpages.com Inc concerning, the subject
matter of this Agreement.
If any provision of this Agreement is
rendered by a court or governmental agency of
competent jurisdiction to be invalid, illegal,
or unenforceable, such invalidity, illegality or
unenforceability shall not affect the remainder
of this Agreement, which shall remain in full
force and effect and be enforced in accordance
with its remaining terms.
The waiver by Soundpages.com Inc of a breach
or default of any of the provisions of this
Agreement by you shall not be construed as a
waiver of any succeeding breach of the same or
other provisions; nor shall any delay or
omission on the part of Soundpages.com Inc to
exercise or avail itself of any right, power or
privilege that it has or may have hereunder
operate as a waiver of any breach or default by
you.
You agree that, regardless of any statute or
law to the contrary, any claim or cause of
action that you may have arising out of or
related to use of the Site or this Agreement
must be filed within one (1) year after such
claim or cause of action arose or be forever
barred. The section titles in this Agreement are
solely used for convenience and have no legal or
contractual significance.
All provisions of this Agreement that, by
their nature, survive termination of this
Agreement will survive termination including
without limitation, the Site Rules, Public
Areas, Links, Disclaimer of Warranties,
Limitations on Liability, Allocation of Risk,
Ownership of Materials, Indemnification, Choice
of Law/Jurisdiction and Venue and General
sections of this Agreement.
