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Thank you for visiting the DigitalSoundboard.net
World Wide Web site (the "Site"). Access to
this Site, the home page of which (the "Home Page")
is located at http://www.digitalsoundboard.net, is offered
to you, the individual user, by DigitalSoundboard.net,
Inc. These Terms and Conditions of Use ("Terms
of Use") govern your use of the Site.
This page contains our full User Agreement. You may
wish to print this page for reference.
Limited use of the Site is offered
to you by DigitalSoundboard.net subject to, and conditioned
upon your acceptance of, these Terms of Use. Your use
of the Site constitutes your legally binding acceptance
of and agreement to these Terms of Use. Under these
Terms of Use only, DigitalSoundboard.net grants you
a license to view and use the interactive features of
this Site. If you do not agree to these Terms of Use,
you are not an authorized user and should discontinue
any use of the Site.
DigitalSoundboard.net reserves
the right to change or modify these Terms of Use at
any time without notice to you. Please read these Terms
of Use carefully, as you are bound to comply with the
provisions herein.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
1.1. Ownership. DigitalSoundboard,
Inc. is the exclusive owner and proprietor of the Site.
The Site Content and Site Code as they exist on the
Site are offered to you by DigitalSoundboard.net for
limited use pursuant to these Terms and Use. "Site
Content" means any and all human readable audio
and/or visual elements of the Site, including without
limitation, any text, graphics, images, illustrations,
photographs animation, video/audio or audiovisual works,
designs or logos, information, and other content made
available through the Site. "Site Code" means
any and all underlying elements of this Site, including
without limitation source code, script, object code,
software, computer programs, and other sets of statements
or instructions contained in or underlying the Site.
Site Content and Site Code may sometimes be collectively
referred to herein as the "Materials."
1.2. Copyright. The Site Content
and Site Code are owned by DigitalSoundboard, Inc. and/or
the associated Artists and music publishers presented
at DigitalSoundboard.net and are protected by applicable
domestic and international copyright laws. Copyright
© 2003 DigitalSoundboard, Inc.. All Rights Reserved.
Unless expressly permitted elsewhere in the Site by
DigitalSoundboard.net, you shall not copy, distribute,
publish, perform, modify, download, transmit, transfer,
sell, license, reproduce, create derivative works from
or based upon, distribute, post, publicly display, frame,
link, or in any other way exploit any of the Site Content
or Code, in whole or in part. Links to the Site, other
than to the Home Page, are only permitted upon express
permission from and arrangement with DigitalSoundboard.net.
Any rights not expressly granted to you herein are reserved.
Any violation of copyright laws may result in severe
civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
1.3. Trademark. DigitalSoundboard.net,
the DigitalSoundboard.net logo, DigitalSoundboard.net
are trademarks and service marks belonging to DigitalSoundboard,
Inc. Any product, service, or trade name other than
those owned by DigitalSoundboard.net that identify a
third party as the source thereof may, even if not so
indicated, be the service mark or trademark of that
respective entity or individual. Any unauthorized use
of the DigitalSoundboard.net Marks is strictly prohibited.
2. USE OF THE SITE, GENERAL TERMS
2.1 License. DigitalSoundboard.net
and our partner Artists grant you a non-exclusive, non-transferrable,
limited right and license to access and use this Site,
and view and privately display the Site Content by way
of one or more computers connected to the Site via IP
networks only, and in strict conformity with these Terms
of Use. You may "cache" pages of the Site
for the sole purpose of increasing the speed and efficiency
at which you access the Site in the future and may download
those Pictures that are available on the Site on a download
basis. However, no other copy or use of any portion
of the Site is permissible, and the same would constitute
an act of copyright infringement. By way of example,
and not limitation, you may not sublicense, alter, adapt,
transmit, publicly perform or display, distribute, customize,
modify, add to, delete from, create derivative works
based upon any portion of the Site Content, link or
forward any web address to this Site, copy, counterfeit
or paste the Site Content to any other website or web
page. You may not publicly display any portion of the
Site, or any music or other audiovisual or digital works
available at this Site, without a written license signed
by a party authorized to legally bind DigitalSoundboard.net
to such a contractual arrangement. Any other use or
exploitation of this Site, including the Site Content
or Site Code, is strictly prohibited. You agree and
acknowledge that you shall not acquire any ownership
rights by downloading the Materials from the Site. You
agree that links to the Site are only permitted upon
express permission from and arrangement with DigitalSoundboard.net.
You acknowledge and agree that modification of the Materials
or use of the Materials for any other purpose is a violation
of DigitalSoundboard.net's and possibly other third
parties' copyright and proprietary rights. You agree
to use the Materials and this Site only for purposes
which are lawful in every nation and jurisdiction in
the world and all subdivisions thereof. If you violate
any provision of these Terms of Use, your permission
to use the Materials automatically terminates and you
must immediately destroy any copy you may have of any
of the Materials. Any other use or exploitation of this
Site, including the Materials, is strictly prohibited.
You agree not to interrupt, or attempt to interrupt,
the operation of the Site in any way.
2.2 Non-Commercial/Personal Use
Limitation. DigitalSoundboard.net grants you this license
for the limited purpose of personal use, and not for
any commercial purpose. No business entity (e.g., corporation,
partnership, sole proprietorship) is licensed to use
this Site. You hereby agree not to use the Site, the
Materials, or any element or portion thereof (including,
without limitation, e-mail addresses of users), for
any commercial purpose whatsoever.
2.3 Nature of Services. DigitalSoundboard.net
offers its Site services for entertainment purposes
only. DigitalSoundboard.net does not warrant the truth
or validity of the information contained on its site.
You acknowledge and understand that, because of the
possibility of human and mechanical error, mistakes
or omissions in the data or information provided, delays
or interruptions of the data or information stream from
whatever cause, as well as other factors, DigitalSoundboard.net
is not responsible for errors in or omissions from the
information contained or accessed through the Site.
ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
2.4 Username/Password. DigitalSoundboard.net
may issue you a username and/or password for access
to certain portions of, or services provided via, the
Site. You shall hold and secure any such username or
password as strictly confidential. Accordingly, you
shall not allow friends, family, business associates
or other persons access to or use of such username or
password. You shall not post the username or password
on any website nor transmit it through unsecured sites.
DigitalSoundboard.net shall not be responsible whatsoever
in the event that your password is misappropriated by
a third party.
2.5 Communications/ Messages from
Users. You acknowledge and agree that any public Communications
made to or by means of any portion of the Site are public.
You acknowledge that (i) you have no expectation of
privacy in any public Communication and (ii) no confidential,
fiduciary, contractually implied or other relationship
is created between you and DigitalSoundboard.net by
reason of your transmitting a public Communication to
any area of the Site. As used in these Terms of Use,
"Your Posted Material" means any information,
messages, e-mails, postings, on-line discussions, literary
works, drawings, illustrations or images, films or digital
content, or any other copyrightable work or non-copyrightable
idea, expression, or communication, regardless of whether
you authored or created such work or communication,
which you cause to be posted to, submitted to, or in
any way transmitted via, the Site. You agree that none
of Your Posted Material will contain information or
content that (i) infringes on the copyright or any other
rights of any person or entity; (ii) reveals trade secrets
or any information which you have agreed, expressly
or impliedly, to keep confidential; (iii) includes sexually
explicit images, depictions, or content; (iv) is obscene,
indecent, defamatory, abusive, or otherwise unlawful;
(v) contains a virus or any other potentially damaging
content; (vi) constitutes harassment or stalking; or
(vii) constitutes invasion of privacy, or misappropriation
of statutory or common law rights to publicity or personality.
Additionally, even if such content is legal, you agree
that none of Your Posted Material will contain information
or content that: (a) contains or constitutes commercial
advertising, solicitation, informational announcements,
or political tracts; (b) constitutes, contains, or encourages
"make-money fast" type messages, "chain
letters" or "pyramid schemes" of any
type; (c) contains false or misleading information;
(d) is purportedly sent from a person other than yourself
(e.g., impersonation of another person or user); or
(e) with respect to "chat rooms" or other
mechanism for real time dialogue between users, disrupts
the normal flow of dialogue, or posts comments that
are not related to the topic being discussed (unless
it is clear that the discussion is free-form). DigitalSoundboard.net
shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or
posted on such Forums for any reason whatsoever. DigitalSoundboard.net
reserves the right to expel you from or suspend your
access to some or all of the Forums for violating the
law or these Terms of Use. Notwithstanding the foregoing,
you are solely responsible for all materials you post
on or submit to the Forums and you acknowledge that
DigitalSoundboard.net may not be monitoring the Forums
and you are not relying upon DigitalSoundboard.net to
monitor the Forums. DigitalSoundboard.net takes violations
of its customers' rights and its own rights seriously,
and makes efforts to report any potential criminal violations
to appropriate authorities.
2.6 License to Your Postings to
the Site; Indemnity. By posting any notes, message/billboard
postings, ideas, suggestions, concepts or other material
to the Forums, or Emailing them to us, you automatically
grant to DigitalSoundboard.net a royalty-free, perpetual,
irrevocable, non-exclusive, transferable right and license
to use, reproduce, modify, publish, edit, translate,
distribute, perform, display and otherwise exploit such
material, including, but not limited to, all rights
in copyright to such material and all elements thereof
alone or as part of other works, throughout the universe,
in any form, media, or technology, whether now known
or hereafter devised, and to sublicense such rights
through multiple tiers of sublicenses, all without any
obligation to you, whether by way of compensation, attribution
or otherwise. You represent, warrant, and guarantee
that (a) you have the full and unrestricted right to
grant such rights to your posted material, and that
there are no other agreements with any third party in
conflict herewith; and (b) DigitalSoundboard.net's exercise
of its rights granted by you hereunder shall not infringe
upon any copyright or any other subsisting right of
any third party. You waive any and all so-called "Moral
Rights" or similar rights under any jurisdiction,
now or hereafter recognized with respect to DigitalSoundboard.net's
(or its assignee's) exercise of its rights hereunder.
Moreover, you agree to indemnify and hold DigitalSoundboard.net
harmless from and against any and all claims, demands,
damages, losses, liabilities and causes of action of
any kind or character, made by you or any third party
against DigitalSoundboard.net, arising out of or relating
to DigitalSoundboard.net's exercise of such rights to
your posted material, your publication or transmittal
of any materials, or your failure to comply or your
alleged failure to comply with these Terms of Use.
2.7 Reservation of Rights. Any
rights not expressly granted by DigitalSoundboard.net
herein are reserved. You may not download, modify, publish,
transmit, transfer or sell, reproduce, create derivative
works from or based on, distribute, perform, publicly
display, or in any way exploit any of the Site Content,
in whole or in part, without the prior written consent
of a party authorized to bind DigitalSoundboard.net,
except as expressly permitted in these Terms of Use.
2.8 Terms Relating to Refunds.
All purchases from www.DigitalSoundboard.net are non-refundable.
3 PRIVACY POLICY
3.1 Please review our privacy policy
which is available here.
4 DISCLAIMER OF WARRANTY; LIMITATION
OF LIABILITY
4.1 As with any on-line interaction
and electronic communication, there is an inherent risk
involved in transmitting any information via the Internet.
DigitalSoundboard.net does not and cannot guarantee
that its system is free from hackers or viruses or that
information provided by users to DigitalSoundboard.net
will not be stolen or otherwise surreptitiously obtained.
DigitalSoundboard.net is not responsible or liable for
any infections or contamination of your system or delays,
inaccuracies, errors, or omissions arising out of your
use of this Site or with respect to the Materials contained
on this Site. You hereby acknowledge and understand
that such risk is inherent in interacting with any website,
including this Site, and take full responsibility for
any harm, danger or damage that ensues due to any such
breach in security. Pursuant to these Terms of Use,
DigitalSoundboard.net expressly disclaims any such liability.
In addition, you agree to be responsible for obtaining
and maintaining all telephone, computer hardware and
other equipment needed for access to and use of this
Site and you shall be responsible for all charges related
thereto.
4.2 NEITHER DigitalSoundboard.net
NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE
AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES;
NOR DOES DigitalSoundboard.net, ANY PROVIDER OF CONTENT
TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE.
THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY
OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS. DigitalSoundboard.net AND ITS AGENTS DO NOT MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY
GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE
CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED
SOLELY BY YOU.
4.3 NEITHER DigitalSoundboard.net,
ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.4 WITHOUT WAIVING THE EXCLUSIVE
GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF DigitalSoundboard.net, THIRD
PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
4.5 Indemnity. You hereby
agree to indemnify, defend and hold harmless DigitalSoundboard.net
and its Affiliates from and against any and all liability
and costs incurred by DigitalSoundboard.net or the Affiliates
in connection with any claim arising out of any breach
or alleged breach of any of your obligations set forth
herein. You shall cooperate as fully as reasonably required
in the defense of any claim. DigitalSoundboard.net reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you and you shall not in any event
settle any matter without the written consent of DigitalSoundboard.net.
5 GENERAL TERMS.
5.1 Notices. Notices by DigitalSoundboard.net
to you may be given by means of a general posting at
the Site. Notices (including questions, complaints,
or legal notices) by you may be given by electronic
messages or conventional mail, unless otherwise specified
in these Terms of Use as follows:
(i) Electronic mail (e-mail) must
be sent to: webmaster@DigitalSoundboard.net
5.2 Governing Law/Forum Selection.
These Terms of Use are governed by the laws of the State
of New Jersey, USA applicable to contracts made and
performed solely in the State of New Jersey, without
regard to conflict of laws principles. You hereby consent
to the exclusive jurisdiction and venue of the courts
in Bergen County, New Jersey, USA in any and all claims
or disputes arising out of, to enforce, construe, or
otherwise relating to these Terms of Use or this Site.
5.3 Relationship Between the Parties.
Nothing contained in these Terms of Use shall be construed
to constitute you and DigitalSoundboard.net as partners
or joint venturers or to constitute employment or any
type of agency.
5.4 Severability. If any provision
of these Terms of Use is held invalid, unenforceable
or void, the remainder of the Terms of Use shall not
be affected thereby and shall continue in full force
and effect.
5.5 Age of Majority, Right to enter
into this Agreement. You represent and warrant to DigitalSoundboard.net
that you are at least eighteen (18) years old and that
you possess the legal right and ability to enter into
this Agreement and to use the Site in accordance with
this Agreement.
5.6 Full Integration. These Terms
of Use constitute the entire agreement between you and
DigitalSoundboard.net related to this Site. No prior
or contemporaneous written, oral, and electronic representation,
negotiation, or agreement form a part of this agreement,
and these Terms of Use supersede all prior written,
oral, or electronic agreements between the you and DigitalSoundboard.net
relating to this Site.
5.7 Written Agreement. These Terms
of Use constitute a written agreement between you and
DigitalSoundboard.net. A printed version of these Terms
of Use, and of any notice given in electronic form related
to this agreement, shall be admissible in judicial or
administrative proceedings to the same extent, and subject
to the same restrictions, as other business contracts,
documents, or records originally generated and maintained
in printed form.
5.8 Use in Other Locations. This
site is operated in the State of New Jersey, United
States of America. No representation or warranty is
made that the Materials in this Site are legal, appropriate
or available for use in other locations. Those who choose
to access this Site from other locations do so at their
own risk and are responsible for compliance with any
and all local laws, if and to the extent local laws
are applicable. No software from this Site may be downloaded,
exported or re-exported into (or to a national or resident
of) any countries that are subject to U.S. export restrictions.
5.9 Force Majeure. DigitalSoundboard.net
shall not have any liability to you hereunder by reason
of any delay or failure to perform any obligation or
covenant if the delay or failure to perform is occasioned
by force majeure, meaning any act of God, storm, fire,
casualty, unanticipated work stoppage, power outage,
satellite failure, strike, lockout, labor dispute, civil
disturbance, riot, war, national emergency, act of Government,
act of public enemy, or other cause of similar or dissimilar
nature beyond its control.
5.10 Waiver. No waiver by either
party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach
or default.
5.11 No Jury Trial. YOU WAIVE YOUR
RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
5.12 Descriptive Headings. The
headings of the various sections herein are for convenience
of reference only and shall not define, limit or otherwise
affect any of the terms or provisions hereof.
5.13 Electronic Form of Agreement.
You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute these
Terms of Use.
5.14 Modifications
5.14.1 To the Agreement. DigitalSoundboard.net has the
right to modify this Agreement and any policies affecting
the Site, including without limitation the No-Commercialization
Policy. Any modification is effective immediately upon
posting to the Site or distribution via electronic mail
or conventional mail. Your continued use of the Site
following notice of any modification to this Agreement
shall be conclusively deemed an acceptance of all such
modification(s). Your only right with respect to any
dissatisfaction with any modifications made pursuant
to this provision, or any policies or practices of DigitalSoundboard.net
in providing the Site, including without limitation
(i) any change in the Content, or (ii) any change in
the amount or type of fees associated with the Fee-Based
Services, is to cancel your subscription in accordance
with the subscription help instructions.
5.14.2 To the Site. DigitalSoundboard.net
has the right to modify, suspend or discontinue the
Site or any portion thereof at any time, including the
availability of any area of the Site, including without
limitation the Fee-Based Services. DigitalSoundboard.net
may also impose limits on certain features and services
or restrict your access to parts or all of the DigitalSoundboard.net
Site without notice or liability.
THANK YOU FOR VISITING DigitalSoundboard.net.
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