- Terms of Service
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SoundBlackout, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Our Site. Our site SoundBlackout.com is an independent entity, not associated with any companies, or persons, or organizations mentioned on the site. You should not assume that any company or person has endorsed anything we say here. You should always bear in mind that you are solely responsible for your financial decisions such as purchases, so be sure to do independent due diligence despite our suggestions.
- Copyright Notice For Our Website. The complete contents of the website are protected by intellectual property law, international trademark laws and international copyright laws. Our website is the owner of all trademarks and copyrights on our website. Your posting to our site, such as through blog comment, does not give you any right to any existing data on the site. YOU ARE NOT ALLOWED TO COPY, REPUBLISH, TRANSMIT, REDISTRIBUTE ANY CONTENTS OF OUR SITE WHICH INCLUDES GRAPHICS, VIDEO AND TEXT. You may not reuse the content of our site for any commercial or open public purpose. You can only use our website for private purposes. As a user, you agree to use our website consistent with all applicable laws. You also agree not to cause harm to other users, such as preventing them from reading our website. When you publish your information to any open place on our website, you automatically grant the royalty free, worldwide and nonexclusive rights to republish any part of that content. You also transfer to us the right to use your name in connection with such republished content. You hereby agree to have no recourse toward our site for any type of possible or real infringement of any proprietary right when you communicate with our site.
- Trademarks. Content and services referenced on our site are exclusive trademarks of our site or our partners. There are company names mentioned and product names that can be trademarks of their owners.
- Links To This Site. You can link to our website at will provided your site does not include illegal or pornographic materials. You also agree to remove link by request at any time.
- Linking To Other Sites We often link to other sites. Linking in and of itself in no way constitutes an endorsement of the site linked to.
- Limited Access. Some areas of our site are restricted and your membership to these areas is subject to termination for no reason or any reason.
- Using Our Site. You understand by browsing this site that content authors are not trained specialists and do not claim to offer professional advice. There is no legal advice on this site. Accuracy or sufficiency of data given is strived for but not guaranteed. There is no information that should be construed as medical information on this site. There is no doctor-patient relationships. There is no financial or investing information on this site. There is no client-advisor relationship. Your usage of the site is on your own risk. Consult with your professional medical, legal, or financial advisor for advice.
- Be Curteous. You can not mine our site to get personal or otherwise information about our visitors and commenters. You can only use our website for non-commercial purposes. You can not in any case send unsolicited commercial email to our members (spam).
- Viruses, Trojans, etc. Our site can not warranty that it will remain virus or trojan free forever. You should protect your own browsing through virus and trojan removers that you yourself install. In no case is our website liable for any loss of your data. You should have sufficient backups in place to restore such data due to viruses, on your own.
- Disclaimer Of Consequential Damages. Our site will not be liable for any indirect, consequential, or incidental damages such as loss of income, profits, information,etc. which come from you being able or unable to use our website. If such complete exclusion is not allowed in your state, the damages will be limited to the maximum extent.
- Changes. SoundBlackout reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SoundBlackout may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. SoundBlackout may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SoundBlackout.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by SoundBlackout if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SoundBlackout’s notice to you thereof; provided that, SoundBlackout can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. SoundBlackout and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SoundBlackout nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will SoundBlackout, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SoundBlackout under this agreement during the twelve (12) month period prior to the cause of action. SoundBlackout shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless SoundBlackout, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between SoundBlackout and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SoundBlackout, or by the posting by SoundBlackout of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SoundBlackout may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
SoundBlackout.com (“SoundBlackout“) operates SoundBlackout.com and may operate other websites. It is SoundBlackout’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, SoundBlackout collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. SoundBlackout’s purpose in collecting non-personally identifying information is to better understand how SoundBlackout’s visitors use its website. From time to time, SoundBlackout may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
SoundBlackout also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on SoundBlackout.com blogs/sites. SoundBlackout only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to SoundBlackout’s websites choose to interact with SoundBlackout in ways that require SoundBlackout to gather personally-identifying information. The amount and type of information that SoundBlackout gathers depends on the nature of the interaction. For example, we ask visitors who sign up at SoundBlackout.com to provide a username and email address. Those who engage in transactions with SoundBlackout are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, SoundBlackout collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with SoundBlackout. SoundBlackout does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
SoundBlackout may collect statistics about the behavior of visitors to its websites. SoundBlackout may display this information publicly or provide it to others. However, SoundBlackout does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
SoundBlackout discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on SoundBlackout’s behalf or to provide services available at SoundBlackout’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using SoundBlackout’s websites, you consent to the transfer of such information to them. SoundBlackout will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, SoundBlackout discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when SoundBlackout believes in good faith that disclosure is reasonably necessary to protect the property or rights of SoundBlackout, third parties or the public at large. If you are a registered user of an SoundBlackout website and have supplied your email address, SoundBlackout may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with SoundBlackout and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. SoundBlackout takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If SoundBlackout, or substantially all of its assets, were acquired, or in the unlikely event that SoundBlackout goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of SoundBlackout may continue to use your personal information as set forth in this policy.