Terms and Conditions
Terms and Conditions for Use of this Web Site and Distributed Application
Permission to Use this Web Site
Copyright, Trademarks and Other Proprietary Rights
This Web site contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Soundcrank, Inc.. and its licensors and affiliates, and Soundcrank, Inc. and its licensors and affiliates reserve all rights with respect to this Web site's content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it. Please note that Soundcrank, Inc. is not affiliated with eBay and is a separately owned and operated entity.
Linking, Framing, and Metatags
You may make referential links to any of the pages on this Web site that are not password protected, except that you must agree to the terms of our Linking Agreement and follow the procedures it describes if you wish to create a download link to any of our downloadable products. Please be aware that we continually update and revise our Web sites. We cannot guaranty that each page to which you may provide a link will remain available or that its content will remain the same.
You may not frame or otherwise use or display our Web sites or any of their contents in any way that might lead others to believe that they were created or are operated by you or any party other than Soundcrank, Inc..
You may not use any of Soundcrank trademarks or any of the textual content of our Web sites as metatags in your own Web site, unless we have granted you a license explicitly permitting you to do so.
Communication via this Web Site
Third Party Statements and Opinions
Soundcrank, Inc. is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligation to monitor users' postings to our forums or to remove or retain forum content, although we reserve the right to do so.
Third Party Products, Services and Web Sites
Third parties may develop or provide tools, skins or other software applications or components, materials, data, content or other products or services for use with the Soundcrank products or services, some of which may be accessible on or via this Web site. Soundcrank, Inc. makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this Web site. Your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them.
This Web site may contain links to third party Web sites. These links are provided solely as convenience to you. Unless explicitly stated otherwise, they are not intended as a certification or endorsement of the owner of the Web site, the Web site's content, or any products or services available on or via the Web site. Soundcrank, Inc. does not control and is not responsible for linked Web sites, or any Web sites (other than our own) that are linked to them.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Soundcrank, Inc., AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. By way of example and not limitation, neither Soundcrank, Inc. nor its affiliates represent or warrant that use of this Web site or its contents will be uninterrupted or error-free; nor do they make any representations or warranties regarding (i) the results that may be obtained from use of this Web site or its content; (ii) the accuracy, completeness, reliability, currency or future availability of any information on this Web site; (iii) the availability or quality of any products or services distributed on or provided through this Web site (except as may be set forth in any license or other agreement related to those products or services); or (iv) the results that may be obtained from use of any third-party Web sites that are linked to this Web site.
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN YOU AND SOUNDCRANK INC PERTAINING TO SOUNDCRANK INC PRODUCTS OR SERVICES, NEITHER SOUNDCRANK INC NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR OTHER CAUSES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF SOUNDCRANK INC AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export and Import Restrictions
This Web site is controlled and operated by Soundcrank, Inc. from its offices within the United States. Soundcrank, Inc. makes no representation that the products, services and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain products or services from Soundcrank, Inc.. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that Soundcrank, Inc. may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Soundcrank, Inc..
Acceptable Use Policy This Acceptable Use Policy is intended to promote the integrity, reliability and security of our Web site (http://www.soundcrank.com), our software products, and the services we provide that are related to our software products (collectively, "our services"). This policy, any license agreement pursuant to which you use our software, and the terms and conditions set forth on the Terms and Conditions page of our Web site together govern your access to and use of our services. If you do not accept this policy, you may not access or use any of our services. We retain the right to modify this policy at any time by posting the modified policy on our Web site.
You may not use our services to infringe copyrights. We will attempt to terminate service to anyone who we become aware is repeatedly using our services in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS.
Other Prohibited Activities
You may not: • use our services, including the contact directories on our Web sites, to make unsolicited offers or proposals or to send junk mail to users of our services; • harass, defame or defraud users of our services; • deliberately damage our Web site or interfere with the operation of our services or other users' enjoyment of them; or • access or use our services in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property rights, financial services and export control.
Consequences of Unacceptable Use
We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of this policy, any license agreement pursuant to which you use our services, the Terms and Conditions for use of our services, or applicable law.