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Sound Ideaz Online Website Terms of Use and Notices
(Last Updated: February 2004)
AGREEMENT BETWEEN YOU AND SOUND IDEAZ ONLINE
This Terms of Use and Notices applies
to the Sound Ideaz Online Web Site and does not apply to the content
of third parties.
The Sound Ideaz Online Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Sound Ideaz Online Web Site
constitutes your agreement to all such terms, conditions, and notices.
Privacy and protection of personal information
See the Privacy Statement for disclosures relating
to the collection and use of your personal information.
Modification of these terms of use
Sound Ideaz Online reserves the right to change the terms, conditions, and
notices under which the Sound Ideaz Online Site are offered,
including but not limited to the charges associated with the use of the
Sound Ideaz Online Site. You are responsible for regularly
reviewing these terms and conditions and additional terms posted on
particular websites. Your continued use of the Sound Ideaz Online
Sites/Services constitutes your agreement to all such terms, conditions,
and notices.
Personal and non-commercial use limitation
Unless otherwise specified, the Sound Ideaz Online Site is
for your personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the Sound Ideaz Online
Site. Without the advance express written permission of Sound Ideaz Online,
you may not 'meta-search' the Sound Ideaz Online
Site, send, or cause to be sent, any automated queries of any
sort to the Sound Ideaz Online Site, or use the
site in any commercial manner. 'Automated queries' shall include but not be limited to using any software that
sends queries to Sound Ideaz Online Site to determine
how a web site 'ranks' on any Sound Ideaz Online Site.
Links to third party sites
The Sound Ideaz Online Site may contain images of and links
to third party Web sites ("Linked Sites"). The Linked Sites are not
under the control of Sound Ideaz Online and Sound Ideaz Online is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Sound Ideaz Online is not responsible for webcasting or any other form of
transmission received from any Linked Site nor is Sound Ideaz Online responsible
if the Linked Site is not working appropriately. Sound Ideaz Online is providing
these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Sound Ideaz Online of the site or any association
with its operators. You are responsible for viewing and abiding by the
privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within
the Sound Ideaz Online Site or participation in promotions,
including the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the
advertiser or other third party. Sound Ideaz Online shall not be responsible or
liable for any part of any such dealings or promotions.
No unlawful or prohibited use
As a condition of your use of the Sound Ideaz Online Site,
you will not use the Sound Ideaz Online Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Sound Ideaz Online Site in any manner
that could damage, disable, overburden, or impair any Sound Ideaz Online Site
(or the network(s) connected to any Sound Ideaz Online Site or interfere with any other party's use and
enjoyment of any Sound Ideaz Online Site/Service(s). You may not
attempt to gain unauthorized access to any Sound Ideaz Online
Site/Service, other accounts, computer systems or networks connected to
any Sound Ideaz Online Site/Service, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available through the Sound Ideaz Online Site.
Sound Ideaz Online reserves the right at all times to disclose any information as
Sound Ideaz Online deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Sound Ideaz Online's
sole discretion.
Software and content available through the Sound Ideaz Online
site/service
All content and software (if any) that is made available to view and/or
download in connection with the Sound Ideaz Online Site is owned by and
is the copyrighted work of Sound Ideaz Online and/or its suppliers
and is protected by copyright laws and international treaty provisions.
Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the
Software ("License Agreement"). You may not install or use any Software
that is accompanied by or includes a License Agreement unless you first
agree to the License Agreement terms.
LIABILITY DISCLAIMER
THE INFORMATION INCLUDED IN OR
AVAILABLE THROUGH THE SOUND IDEAZ ONLINE SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO
THE SOUND IDEAZ ONLINE SITE AND TO THE INFORMATION THEREIN.
SOUND IDEAZ ONLINE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SOUND IDEAZ ONLINE SITE AT ANY TIME. ADVICE
RECEIVED VIA THE SOUND IDEAZ ONLINE SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
SOUND IDEAZ ONLINE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN THE SOUND IDEAZ ONLINE SITE FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
SOUND IDEAZ ONLINE
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SOUND IDEAZ ONLINE SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY
TRANSACTIONS ENTERED INTO THROUGH AN SOUND IDEAZ ONLINE SITE/SERVICE.
YOU SPECIFICALLY AGREE THAT SOUND IDEAZ ONLINE 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. YOU SPECIFICALLY AGREE THAT
SOUND IDEAZ ONLINE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED
IN AN SOUND IDEAZ ONLINE SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL SOUND IDEAZ ONLINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SOUND IDEAZ ONLINE SITE,
WITH THE DELAY OR INABILITY TO USE THE SOUND IDEAZ ONLINE
SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SOUND IDEAZ ONLINE
SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SOUND IDEAZ
ONLINE SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF SOUND IDEAZ ONLINE OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SOUND IDEAZ ONLINE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOUND IDEAZ
ONLINE SITES/SERVICES.
General
Claims for enforcement, breach or violation of duties or rights under
this agreement shall be adjudicated under the laws of India, without reference to conflict of laws principles. All other
claims, including without limitation claims under or for violation of
state consumer protection laws, unfair competition laws, and in tort,
shall be adjudicated under the law of your state of residence. You
hereby irrevocably consent to the exclusive jurisdiction and venue of
courts in Pune, Maharashtra, India. in all disputes arising out of
or relating to the use of the Sound Ideaz Online Site. You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and Sound Ideaz Online as a result of this
agreement or use of the Sound Ideaz Online Site. You agree
to identify and hold Sound Ideaz Online, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted by any third party due to
or arising out of your use of or conduct on the Sound Ideaz Online
Sites/Services. Sound Ideaz Online reserves the right to disclose any personal
information about you or your use of the Sound Ideaz Online
Sites/Services, including its contents, without your prior permission if
Sound Ideaz Online has a good faith belief that such action is necessary to: (1)
conform to legal requirements or comply with legal process; (2) protect
and defend the rights or property of Sound Ideaz Online or its affiliated
companies; (3) enforce the terms or use; or (4) act to protect the
interests of its members or others. Sound Ideaz Online's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Sound Ideaz Online's right to
comply with governmental, court and law enforcement requests or
requirements relating to your use of the Sound Ideaz Online
Sites/Services or information provided to or gathered by Sound Ideaz
Online with
respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and
Sound Ideaz Online with respect to the Sound Ideaz Online Site and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Sound Ideaz
Online with
respect to the Sound Ideaz Online Site. A printed version of
this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
Copyright and trademark notices
All contents of the Sound Ideaz Online Web Sites are: Copyright (c)
2004 Sound Ideaz Online and/or its suppliers, Sound Ideaz Online, India. All rights reserved.
Any rights not expressly granted herein are reserved.
© 2004 Sound Ideaz Online. All rights reserved.
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