SoundsBoard owns the website sounds-board.com, which can be found at sounds-board.com. There may be extra guidelines, terms, or rules for some parts of the Site. These will be listed on the Site in connection with those parts.
All of these other terms, guidelines, and rules are added to these Terms by reference.
Depending on these rules. Company gives you a limited, non-transferable, non-exclusive, renewable licence to use the Site only for your own personal, non-business purposes.
Certain Restrictions. The rights given to you in these Terms are subject to the following restrictions: (a) you may not sell, rent, lease, transfer, assign, distribute, host, or otherwise use the Site for commercial purposes; (b) you may not change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you may not use the Site to build a similar or competing website; and (d) unless otherwise stated in these Terms, no part of the Site may be used for any All marks of copyright and other intellectual property rights on the Site must be kept on all copies of it.
Company has the right to change, stop, or suspend the Site at any time, with or without your knowledge. You agreed that Company won't have to pay you or anyone else if the Site or any part of it is changed, stopped, or shut down.
There is no support or maintenance. You agree that Company has no responsibility to support you with anything related to the Site.
You know that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content belong to Company or Company's providers, with the exception of any User Content you may provide. Note that these Terms and your use of the Site do not give you any rights, ownership, or interest in or to any intellectual property rights, except for the limited access rights mentioned in Section 2.1. Company and its providers hold on to any rights that aren't given away in these Terms.
User Content. "User Content" means all of the information and material that a user puts on the Site. You are the only one who is in charge of your User Content. You are responsible for all of the risks that come with using your User Content. You are saying that your User Content doesn't break our Acceptable Use Policy. You can't say or suggest to other people that your User Content was made, paid for, or backed by Company in any way. Since you are the only one who is responsible for your User Content, you could put yourself in danger. Company isn't required to keep a backup of any User Content you post, and your User Content could be deleted at any time without you being told. You are the only one who can make copies of your User Content for backup, if you want to.
You give Company an irrevocable, nonexclusive, royalty-free, fully paid, worldwide licence to reproduce, distribute, publicly display and perform, make derivative works of, incorporate into other works, and otherwise use and profit from your User Content, and to grant sublicenses of the above rights, only for the purpose of including your User Content in the Site. You are giving up any claims and statements of moral rights or attribution regarding your User Content. This is a permanent decision.
Policy on Acceptable Use. Our "Acceptable Use Policy" is made up of the following rules: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is illegal, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, obviously offensive, promotes racism, bigotry, hatred, or physical harm
You also agree not to: (i) upload, transmit, or distribute to or through the Site any software designed to damage or change a computer system or data; (ii) send through the Site unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other type of duplicate or unsolicited messages; (iii) use the Site to harvest, collect, gather, or assemble information or data about other users without their consent.
We reserve the right to look at any User Content and to examine and/or take action against you as we see fit if you break the Acceptable Use Policy or any other part of these Terms, or if you do anything else that makes us or someone else liable. This could mean removing or changing your User Content, closing your Account in line with Section 8, or telling the police about you.
If you give Company feedback or ideas about the Site, you give Company all rights to that feedback and agree that Company can use and profit from that feedback and any related information in any way it thinks is right. Any Feedback you give to Company will not be kept secret and won't be used to make money.
You agree to protect Company and its officers, employees, and agents from any claim or demand made by a third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. This includes paying any costs and attorneys' fees related to the claim or demand. Company has the right to take over the defence and control of any case for which you have to pay us compensation, and you agree to help us defend ourselves against these claims. You agree that you won't settle anything without the writing permission of Company first. Company will try to tell you about any such claim, case, or proceeding as soon as it knows about it.
Links and ads from other sites. The Site may have links to websites and services from third parties and/or show ads for third parties. Company does not control these Third-Party Links and Ads, and Company is not responsible for any Third-Party Links and Ads. Company only gives you access to Third-Party Links & Ads as a courtesy. It does not review, approve, monitor, support, warrant, or make any claims about Third-Party Links & Ads. You use all Third-Party Links and Ads at your own risk, and you should do so with the right amount of care and judgement. When you click on one of the Third-Party Links or Ads, the rules and policies of the relevant third party apply. This includes the third party's privacy and data collection practises.
Other users. Each user of the Site is solely responsible for all of the User Content they post. We don't have control over User Content, so you agree and accept that we are not responsible for any User Content, whether it was posted by you or by someone else. You agree that Company won't be responsible for any damage or loss that comes from these kinds of exchanges. If you have a disagreement with another Site user, we are not required to get involved.
You release and forever discharge the Company and our officers, employees, agents, successors, and assigns from any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature that have arisen directly or indirectly from or are related directly or indirectly to the Site. If you live in California, you agree to waive California Civil Code Section 1542, which says: "A general release does not cover claims that the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if he or she knew about them, would have had a significant effect on his or her settlement with the debtor." If you live in California, you agree to waive California Civil Code Section 1542.
Web beacons and cookies. SoundsBoard uses "cookies," just like every other website. These cookies are used to store information, like a visitor's preferences and the pages on the website that they viewed. The information is used to improve the experience of our users by changing the content of our web pages based on the type of browser used by readers and/or other information.
The site is provided "as is" and "as available," and the company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our providers don't promise that the site will meet your needs, be available at all times, be secure, or be free of mistakes, or that it will be correct, reliable, free of viruses and other harmful code, legal, or safe. If the law needs any warranties about the site, those warranties only last for ninety (90) days from the first time the site is used.
Some places don't let people get out of implied guarantees, so you may not be able to use the above exclusion. Some places don't let you limit how long an implied guarantee lasts, so the above restriction might not apply to you.
To the fullest extent allowed by law, neither company nor our suppliers will be responsible to you or any third party for any lost profits, lost data, costs of getting replacement products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related to these terms or your use of, or inability to use, the site, even if company has been told about the possibility of such damages. Accessing and using the site is up to you and at your own risk, and you are solely responsible for any damage to your device or computer system or data loss that results.
No matter what else is written in this agreement, to the fullest extent allowed by law, our liability to you for any damages arising from or related to this agreement will never be more than fifty U.S. dollars (us$50). This cap won't go up if there are more than one claim. You agree that our providers won't be responsible for anything that comes from this agreement or has to do with it.
Some places don't let people limit or get out of paying for incidental or indirect losses, so the above limitation or exclusion may not apply to you.
Term and the end of it. As long as this section stays the same, these Terms will still apply while you use the Site. We can stop or end your ability to use the Site at any time and for any reason, including if you break these rules by using the Site. When your rights under these Terms end, your Account and your right to use and access the Site will end right away. You know that if your Account is closed, the User Content linked with it might be removed from our live databases. Company will not be responsible for anything if your rights under these Terms are taken away. Even after your rights under these Terms end, sections 2 through 2.5, section 3, and sections 4 through 10 will still be in effect.
Company respects other people's intellectual property, and we ask that people who use our Site do the same. When it comes to our Site, we have adopted and put into place a copyright policy that says any materials that break the law will be taken down and users who repeatedly break intellectual property rights, including copyrights, will be kicked off. If you think that one of our users is illegally infringing the copyright(s) in a work by using our Site, and you want the allegedly infringing material taken down, you must send the following information in writing to our designated Copyright Agent, as required by 17 U.S.C. 512(c):
Please note that, according to 17 U.S.C. 512(f), any misrepresentation of a material fact in a written notification makes the complaining party responsible for any damages, costs, and attorney's fees we have to pay because of the written notification and the claim of copyright infringement.
These Terms may be changed from time to time, and if we make any major changes, we may let you know by sending you an email to the last address you gave us or by putting a message about the changes in a prominent place on our Site. You are in charge of giving us your most up-to-date email address. Even if the last email address you gave us doesn't work, sending the email with the message will still be enough to let you know about the changes. Any changes to these Terms will take effect thirty (30) calendar days after we send you an e-mail notice or thirty (30) calendar days after we post a notice of the changes on our Site, whichever comes first. All new people who use our Site will see these changes right away. If you keep using our Site after we let you know about these changes, it means you agree to be bound by the terms and conditions of these changes. Dispute Resolution. Please take your time reading this Arbitration Agreement. It's part of your deal with Company and affects your rights. It has rules for MANDATORY BINDING ARBITRATION and a way to avoid a class action.
How the Arbitration Agreement Works. All claims and disagreements about the Terms or the use of any product or service offered by the Company that can't be solved directly or in small claims court will be settled by binding arbitration on an individual basis, according to the terms of this Arbitration Agreement. Unless both sides agree otherwise, all arbitrations must be done in English. This Arbitration Agreement applies to you and the Company, as well as any subsidiaries, affiliates, agents, employees, predecessors in interest, heirs in interest, and assigns, as well as all authorised or unauthorised users or beneficiaries of services or goods provided under the Terms.
Requirements for giving notice and settling a dispute informally. Before either party can ask for arbitration, it must send the other party a written Notice of Dispute that explains the nature and reason of the claim or dispute and the type of relief that is being asked for. Send a message to the Company at firstname.lastname@example.org. After you have gotten the Notice, you and the Company can try to settle the claim or dispute informally. If you and the Company don't settle the claim or dispute within thirty (30) days of receiving the Notice, either party can start an arbitration process. The amount of any deal offer made by either side can't be told to the arbitrator until after the arbitrator has decided how much each side should get.
Arbitration Rules. Arbitration must be started through the American Arbitration Association, which has been around for a long time and offers arbitration in the ways described in this part. If AAA isn't ready to arbitrate, both sides must agree on a different ADR provider. All parts of the arbitration will be based on the rules of the ADR Provider, unless those rules go against the Terms. The arbitration is based on the AAA Consumer Arbitration Rules, which can be found online at adr.org or by calling the AAA at 1-800-778-7879. One neutral person will be in charge of the hearing. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) can be settled through binding non-appearance-based arbitration, at the choice of the party seeking relief. The right to a hearing will be decided by the Arbitration Rules for claims or cases where the total amount of the award sought is US $10,000.00 or more. Any hearing will take place within 100 miles of your home, unless you live outside the United States or if all sides agree to something else. If you live outside the U.S., the arbitrator must give you and the other party as much warning as possible of the date, time, and place of any oral hearings. Any court that has the right to do so can make a decision based on the arbitrator's decision. If the judge gives you an award that is higher than the last settlement offer the Company made to you before the arbitration started, the Company will pay you the higher of the award or $2,500.00. Each side is responsible for its own costs and expenses related to the arbitration, and each side pays an equal amount of the ADR Provider's fees and expenses.
More rules for arbitration based on not being there. If non-appearance-based arbitration is chosen, it will be done by phone, online, or based solely on written entries. The person who starts the arbitration will choose how it will be done. Unless the parties agree otherwise, neither they nor any witnesses have to show up in person at the hearing.
Time Limits. If you or the Company wants to go to arbitration, the case must be started and/or asked for before the statute of limitations runs out and before any deadlines set by the AAA Rules for the claim in question.
Power of the Arbitrator. If arbitration is started, the judge will decide what your rights are and what the Company's responsibilities are. The dispute will not be merged with any other issues or cases, nor will it be joined with any other parties. The arbitrator will be able to agree to moves that end all or part of any claim. The arbitrator can give monetary losses and any other non-monetary remedy or relief that a person is entitled to under the law, the AAA Rules, and the Terms. The arbitrator will write up an award and a statement of decision that explains the main facts and conclusions that led to the award. The mediator has the same power as a judge in a court of law to give each person the help they need. The arbitrator's decision is final and you and the Company have to follow it.
Waiver of Jury Trial. The parties give up their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, they agree that all claims and disputes will be settled by arbitration under this Arbitration Agreement. Most of the time, arbitration rules are more limited, faster, and cheaper than court rules, and a court has very little power to look over them. If there is a lawsuit between you and the Company in a state or federal court to overturn or enforce an arbitration decision or for any other reason, YOU AND THE COMPANY GIVE UP ALL RIGHTS TO A JURY TRIAL and choose to have the dispute decided by a judge instead.
Giving up a Class or Combined Action. All claims and issues covered by this arbitration agreement must be arbitrated or taken to court on an individual basis, not as a group. Also, claims from more than one customer or user cannot be arbitrated or taken to court together or with claims from other customers or users.
Confidentiality. The review process will be completely private in every way. The sides agree to keep the information secret unless the law says otherwise. This paragraph does not stop a party from giving a court of law any information needed to enforce this Agreement, an arbitration decision, or to seek injunctive or equitable relief.
Severability: If a court of law decides that any part or parts of this Arbitration Agreement are invalid or can't be enforced, then that part or those parts will have no force or effect and will be cut out, but the rest of the Agreement will still be in full force and effect.
Right to Drop Out. The party against whom the claim is made can give up any or all of the rights and limits set out in this Arbitration Agreement. No other part of this Arbitration Agreement will be changed or waived because of this.
Agreements that Last. Even if your relationship with Company ends, this Arbitration Agreement will still be in effect.
Court for small claims. Despite all of this, you or the Company can still bring a separate case to small claims court.
Emergency Equitable Relief. Any way you look at it, either side can ask a state or federal court for emergency equitable relief to keep things the same until arbitration. A request for temporary measures does not mean that any other rights or responsibilities under this Arbitration Agreement have been given up.
Claims That Can't Be Arbitrated. In spite of what has been said, this Arbitration Agreement does not cover claims of slander, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets.
If the above Arbitration Agreement says that the parties can go to court, the parties agree to submit to the personal jurisdiction of the courts in Netherlands County, California, for these reasons.
The Site may be controlled by U.S. export laws, and it may also be controlled by export or import laws in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data you get from Company or any products that use that data in a way that breaks U.S. export laws or rules.
The location in Section 10.8 is where the company is. If you live in California, you can contact the Complaint Assistance Unit of the Division of Consumer Products of the California Department of Consumer Affairs by writing to 400 R Street, Sacramento, CA 95814, or calling (800) 952-5210.
Electronic Communication. Whether you use the Site or send us emails, or the Company puts notices on the Site or talks to you through email, all of your communications with the Company are done electronically. For the purposes of the contract, you (a) agree to receive communications from Company in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company sends you electronically satisfy any legal obligation that such communications would satisfy if they were written on paper.
All of the Terms. These Terms are the whole deal between you and us about how you can use the Site. If we don't use or implement a right or rule in these Terms, that doesn't mean we're giving up on that right or rule. The names of the sections in these Terms are just for your convenience; they don't mean anything legally or contractually. "Including without limitation" is what the word "including" means. If any part of these Terms is found to be invalid or unenforceable, the other parts will still apply, and the invalid or unenforceable part will be changed so that it is legal and enforceable as much as the law allows. You are an independent contractor for Company, and neither of you is an agent or partner of the other. You can't assign, subcontract, delegate, or transfer these Terms or your rights and duties under them without the Company's written permission first. Any attempt to assign, subcontract, delegate, or transfer in violation of the above will be null and void. Company can give these Terms to anyone they want. All assignees must follow the terms and conditions set out in these Terms.
Your Confidence. Please read what we say about privacy.
Information on copy rights and trademarks. Copyright (Copyright). Every right is kept. All brands, logos, and service marks that are shown on the Site either belong to us or to other people. You can't use these Marks without either our written permission or the permission of a third party who owns the Marks.
Information on how to get in touch: email@example.com