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USER AGREEMENT
Thank you for visiting the Soundgirl.com website. The website of Soundgirl.com
is a free service for its registered users and its guests. By accessing
and/or using the website, you approve and accept the following terms and
conditions. In addition, when you use certain Soundgirl.com website services,
you will be subject to the specific rules, guidelines, policies, terms,
and conditions which are listed in relation to such service, if any.
General Rules and Definitions
These Terms of Use are the rules and regulations which control your use
of the Soundgirl.com website. You must agree to abide by all of the terms
and conditions contained in the Agreement in order to become or remain
an authorized user of the Soundgirl.com website.
Use of the website and its services by you constitutes your agreement
with the terms and conditions of this User Agreement. Soundgirl.com reserves
the right, at its discretion, to change, modify, add or remove portions
of these Terms of Use at any time. Notification of changes in service
will be posted on the website, or sent via email, or postal mail, at Soundgirl.com's
sole discretion.
IF THESE OPERATING RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU,
OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE WITH THE USER AGREEMENT, YOU
MUST NOT ACCESS THE SOUNDGIRL.COM WEBSITE. YOUR CONTINUED USE OF THE SERVICE
NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING
RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF SUCH RULES, CHANGES,
OR MODIFICATIONS.
Soundgirl.com may modify, suspend, discontinue or restrict the use of
any portion of this website or services including the availability of
any promotion, feature, database, or content at any time and without notice
or liability.
The Soundgirl.com Website may also impose limits on certain features
and services or restrict your access to parts or all of the website or
any of its services without notice or liability.
Soundgirl.com reserves the right to refuse service, terminate accounts,
and/or cancel orders in its sole discretion, including, without limitation,
if Soundgirl.com believes in its sole discretion that customer conduct
violates applicable law or is harmful to the interests of Soundgirl.com
and the Soundgirl.com community.
Soundgirl.com Content
The contents of the Soundgirl.com website is intended for your personal,
noncommercial use. You may view and download material from this site for
your personal, non-commercial home use and for non-commercial exchanges
with members of the Soundgirl.com community only, including but not limited
to music loops for the creation of songs. “Soundgirl.com” and
all related and similar terms whether in text, stylized and/or design
forms are Soundgirl.com trademarks, and as such, are the property of Soundgirl.com.
All other trademarks and trade names are the property of their respective
owners, and are used with permission. All materials contained in this
site (including, but not limited to, music loops, directories, guides,
news articles, captions, bylines, opinions, reviews, text, photographs,
images, illustrations, trademarks, service marks, program codes and the
like, identified hereafter as “The Content”) are the copyrighted
property of Soundgirl.com or the party credited as the creator/provider
of the Content. You may not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create derivative works from, publicly
perform, distribute, perform, display, or in any way exploit, any of the
Content except as provided in this Agreement. You shall abide by all copyright
notices, information, or restrictions contained in any Content on the
website or accessed through this website. The use of any Content for other
than personal, noncommercial use is expressly prohibited without the prior
written permission from Soundgirl.com, or the copyright holder identified
as owner of the Content.
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall
Soundgirl.com be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of, or the inability
to use, materials from this site.
You also acknowledge and agree that Soundgirl.com is not liable for any
defamatory, offensive or illegal conduct of any user.
Forums, Chats, Reviews, Discussions, Use of Songs
You shall not upload to, email to, distribute or otherwise publish through,
the Service any Content which is libelous, defamatory, obscene, pornographic,
abusive, or otherwise violates any law.
If you post reviews, comments, photographs or images, including your own
personal photograph or image, on the site, you grant Soundgirl.com a non-exclusive,
royalty-free, pepetual, irrevocable and fulluy sublicensable right to
use, reproduce, modify, adapt, publish, translate, creative derivative
works from, distribute and display such reviews, comments, photographs
and image, including your own personal photograph or image, throughout
the world in any media. As to your personal photographic likeness or any
image of yourself, if you are under the age of 18 you must have your parent's
consent to post such photograph or image. Posting your likeness or image
signifies that your parent and you have expressly consented to the use
of such likeness or image. You also grant Soundgirl.com the right to use
the name that you submit with any review, comment, photographs or images,
if any, in connection with such review, comment, photographs or images.
Songs created using music loops provided by Soundgirl.com remain the property
of Soundgirl.com; however, you are free to personally use or exchange
such songs freely with the Soundgirl.com community.
Access and Availability of Service and Links
The Soundgirl.com Website contains links to external World Wide Web Internet
sites. Soundgirl.com is not responsible for the availability of these
outside resources, or their contents, and there are risks in using and/or
downloading any information, software or products available on the Internet.
You should direct any concerns regarding any external link to its site
administrator or to Soundgirl.com at soundgirl@soundgirl.com.
Representations and Warranties
You represent, warrant, and covenant (a) that no materials of any kind
submitted through your account will (i) violate, plagiarize, or infringe
upon the rights of any third party, including copyright, trademark, privacy
or other personal or proprietary rights; or (ii) contain libelous or otherwise
unlawful material; and (b) that you hereby indemnify, defend and hold
Soundgirl.com and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and costs
incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you or any user of your account of the Agreement
or the foregoing representations, warranties and covenants, including,
without limitation, reasonable attorneys' fees. You shall cooperate as
fully as reasonably required in the defense of any claim. Soundgirl.com
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
Soundgirl.com does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed, uploaded,
or distributed through the service by any user, or any other person or
entity. You acknowledge that any reliance upon any such opinion, advice,
statement, memorandum, or information shall be at your sole risk. Soundgirl.com
reserves the right, in its sole discretion, to correct any errors or omissions
in any portion of the website or its service, but has no obligation to
do so.
The Service and all downloadable software are distributed on an "as
is" basis without warranties of any kind, either express or implied,
including, without limitation, warranties of title or implied warranties
of merchantability or fitness for a particular purpose. You hereby acknowledge
that use of the website and its services is at your sole risk. Under no
circumstances, including but not limited to negligence, shall Soundgirl.com
be liable for any special or consequential damages that result form the
use of, or the inability to use, the Soundgirl.com website.
Security
Persons of all ages may use the Soundgirl.com website. However, no user
who is 12 years old or younger is permitted to submit any personal information,
including but not limited to an email address, postal address, credit
card number or personal name ("Personal Information"), to Soundgirl.com
without express parental permission as provided in our Privacy Policy.
By submitting any Personal Information, except as otherwise provided in
this paragraph, you affirm that you are older than 12 years old.
Others
This agreement supersedes all previous and contemporaneous agreements,
proposals and communications, written and/or oral.
This Agreement has been made in and shall be construed and enforced in
accordance with New York law. Any action to enforce this agreement shall
be brought in the federal or state courts located in the State of New
York, County of New York.
Official correspondence must be sent via postal mail to:
Soundgirl
1385 Broadway
5th floor
New York, NY 10018
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