SoundBytes Music Site ("SoundBytes") site including the
SoundBytes home page, content, and Sub-domains subject to your compliance with
the Privacy Statement and
Conditions below. PLEASE READ THIS BEFORE ACCESSING THE SOUNDBYTES MUSIC
SITE. BY ACCESSING THE SOUNDBYTES MUSIC SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SOUNDBYTES MUSIC SITE.
Privacy.
SoundBytes will not disclose
any of your personal information including, but not limited to your name,
address, phone number, email, ordering information, etc unless required by law
or with your prior permission. We will not contact you unless you request
to be contacted. By joining our newsletter you agree that we will
occasionally send you our newsletter. This newsletter will be from the
SoundBytes Music Site only and will not include outside companies or
products. You may remove your name at anytime from the newsletter after
joining.
Rules.
Whilst accessing the SoundBytes Music site, you may not:
post, transmit or otherwise distribute information constituting or encouraging
conduct that would constitute a criminal offense or give rise to civil
liability, or otherwise use the SoundBytes Music Site in a manner which is
contrary to law or would serve to restrict or inhibit any other user from using
or enjoying the SoundBytes Music Site or the Internet; post or transmit any
information or software which contains a virus, cancelbot, trojan horse, worm
or other harmful or disruptive component; upload, post, publish, transmit,
reproduce, or distribute in any way, information, software or other material
obtained through the SoundBytes Music Site which is protected by copyright, or
other intellectual property right, or derivative works with respect hereto,
without obtaining permission of the copyright owner or rightholder.
Monitoring.
SoundBytes, Inc. has the right
to monitor the SoundBytes Music Site electronically from time to time and to
disclose any information as necessary to satisfy any law, regulation or other
governmental request, to operate the SoundBytes Music Site properly, or to
protect itself or its subscribers. SoundBytes, Inc. will not intentionally
monitor or disclose any private electronic mail message unless required by
law. SoundBytes, Inc. reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this Agreement.
Limitation
of Liability.
In no event shall SoundBytes Music be liable for any
damages whatsoever, including special, indirect or consequential damages,
arising out of or in connection with the use or performance of information
available from the service.
Recourse.
If you are dissatisfied with the SoundBytes Music Site
or with any terms, conditions, rules, policies, guidelines, or practices of
SoundBytes, Inc. in operating the SoundBytes Music Site, your sole and exclusive
remedy is to discontinue using the SoundBytes Music Site.
Indemnity.
You agree to defend, indemnify and hold SoundBytes Music
and its affiliate and related companies harmless from any and all liabilities,
costs and expenses, including reasonable attorneys' fees, related to any
Violation of this Agreement by you or users of your account, or in connection
with the use of the SoundBytes Music Site or the Internet or the placement or
transmission of any message, information, software or other materials on the
SoundBytes Music Site or on the Internet by you or users of your account.
Miscellaneous.
This Agreement, including any and all documents
referenced herein, constitute the entire agreement between SoundBytes Music and
you pertaining to the subject matter hereof. SoundBytes Music's failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provisions or right. If any of
the provisions contained in this Agreement be determined to be void, invalid or
otherwise unenforceable by a court of competent jurisdiction, such
determination shall not affect the remaining provisions contained herein.
This Agreement shall be governed by and construed in accordance with the laws
of the state of Massachusetts and the federal laws of the United States
applicable therein.