,
including, without limitation, any material and/or data developed
by LearnAudioSoftware.com & Soundpages.com Inc or by third
parties ("information providers"), is at your sole risk.
The site, and any content or materials available through the site,
are provided on an "as is" and "as available"
basis and without warranty of any kind, express, implied or
statutory. LearnAudioSoftware.com & Soundpages.com Inc and the
information providers hereby expressly disclaim all such
warranties including, without limitation, any implied warranties
or merchantability, fitness for a particular use or purpose,
title, or noninfringement, or any warranty as to results that may
be obtained through the use of the site. LearnAudioSoftware.com
& Soundpages.com Inc does not represent or warrant that the
site will function without interruption, that the site is error-
or defect-free, that any such defects or errors will be corrected,
or that the site and the server(s) that make the site available
are free of viruses or other harmful components.
No advice or information, whether oral or written, that you
obtain from LearnAudioSoftware.com & Soundpages.com Inc or
otherwise through your use of the site shall create any warranty
on the part of LearnAudioSoftware.com & Soundpages.com Inc or
the information providers. Further, LearnAudioSoftware.com &
Soundpages.com Inc and the information providers do not warrant or
represent that the use or the results of the use of any content or
materials made available through the site or from third parties
will be correct, accurate, timely, reliable or otherwise.
LIMITATIONS ON LIABILITY:
In no event shall LearnAudioSoftware.com & Soundpages.com Inc,
the information providers or any other person or entity involved
in creating or distributing the site be liable for any direct,
indirect, incidental, special or consequential damages, however
arising and under any theory of liability (including, without
limitation, tort, including negligence and strict liability,
breach of contract or breach of warranty), that result from your
use or inability to use the site, any changes to the site or this
agreement, unauthorized access to or alteration of your
transmission of data, any material or data sent or received or not
sent or received, or any transactions entered into through the
site. LearnAudioSoftware.com & Soundpages.com Inc is not
responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any
infringement of another's rights, including intellectual property
rights.
If you are dissatisfied with the site or the services, content
or materials available on or through the site, your sole and
exclusive remedy is to discontinue using the site. The foregoing
limitations on liability shall be applicable even if
LearnAudioSoftware.com & Soundpages.com Inc or the applicable
third party knew or should have known of the possibility of such
damages and notwithstanding the failure of essential purpose of
any limited remedy. Some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
ALLOCATION OF RISK:
You agree that the disclaimer of warranties, limitations on
liability, and indemnification provisions set forth in this
agreement represent and agreed upon allocation of risk between you
and LearnAudioSoftware.com & Soundpages.com Inc and form an
essential part of the basis of their bargain, without which
LearnAudioSoftware.com & Soundpages.com Inc would not enter
into this agreement or provide the site.
OWNERSHIP OF MATERIALS:
The contents of the Site, including without limitation text,
software, photos, graphics, and all other audiovisual elements are
copyrighted by LearnAudioSoftware.com & Soundpages.com Inc as
a collective work under the United States copyright laws. Except
for material in the public domain, LearnAudioSoftware.com &
Soundpages.com Inc and its licensors hold copyrights to all
content appearing on the Site. LearnAudioSoftware.com &
Soundpages.com Inc permits, without charge, the reproduction and
distribution of LearnAudioSoftware.com & Soundpages.com Inc
material contained on the Site for non-commercial educational and
personal uses; provided that such materials remain unaltered and
are accompanied by a clearly visible copy of any copyright notice
appearing on such materials and by the Site's URL (http://www.LearnAudioSoftware.com).
The only exception to this is any LearnAudioSoftware.com &
Soundpages.com Inc Award graphic, link, text, criteria, rules,
etc.. We retain and reserve all rights to this information. Other
reproduction, distribution, retransmission, modification, public
display, and public performance of such materials is prohibited
without the prior written consent of LearnAudioSoftware.com &
Soundpages.com Inc. To obtain such consent, please contact us
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS
CLAIMED:
LearnAudioSoftware.com & Soundpages.com Inc respects the
intellectual property rights of others. Pursuant to Title 17
U.S.C.512, as amended by Title II of the Digital Millennium
Copyright Act ("the Act"), LearnAudioSoftware.com &
Soundpages.com Inc has implemented procedures for receiving
written notification of claimed copyright infringements and for
processing such claims in accordance with the Act. If you believe
your copyrights are being infringed by a Member, please contact
us.
The information requested by the Notice of Infringement Form
substantively complies with 17 U.S.C. 512(c)(3)(A), which
provides:
To be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the
designated agent of a service provider that includes substantially
the following:
A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed. Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site. Identification of the material
that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit
the service provider to locate the material. Information
reasonably sufficient to permit the service provider to contact
the complaining party such as an address, telephone number, and if
available, electronic e-mail address at which the complaining
party may be contacted. A statement that the complaining party has
a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent,
or the law. A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. Notification from a copyright
owner or from a person authorized to act on behalf of the
copyright owner that fails to comply substantially with the
provisions above shall not be considered as providing actual
knowledge or an awareness of facts or circumstances from which
infringing activity is apparent. Please provide a Notice of
Infringement Form information each time you wish to report alleged
acts of infringement.
Please note that LearnAudioSoftware.com & Soundpages.com
Inc will terminate in appropriate circumstances the account of any
Member who repeatedly posts infringing material on the Site.
INDEMNIFICATION:
You agree to hold harmless LearnAudioSoftware.com &
Soundpages.com Inc and its Information Providers and any other
person or entity involved in creating or distributing the Site, as
well as each of their respective affiliates and their respective
directors, officers, employees and agents, from and against any
and all claims, liabilities, damages, losses, costs, fees
(including reasonable attorneys' fees) and expenses that such
parties may incur as a result of or arising out of your (or, in
the case of Members, anyone using your account's) use of, or
conduct with respect to, the Site.
MODIFICATION OF AGREEMENT:
You agree that LearnAudioSoftware.com & Soundpages.com Inc may
change the terms and conditions of this Agreement, unilaterally,
and at any time, by conspicuously posting notice of such change on
the Site for a period of five (5) consecutive days. Continued use
of the Site after such notice will constitute your acknowledgment
and acceptance of the revised terms and condition.
GENERAL:
This Agreement contains the complete and final statement of the
understanding between you and LearnAudioSoftware.com &
Soundpages.com Inc with respect to, and supercedes any and all
prior or contemporaneous negotiations, agreements or
communications, whether written or oral, between you and
LearnAudioSoftware.com & Soundpages.com Inc concerning, the
subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or
governmental agency of competent jurisdiction to be invalid,
illegal, or unenforceable, such invalidity, illegality or
unenforceability shall not affect the remainder of this Agreement,
which shall remain in full force and effect and be enforced in
accordance with its remaining terms.
The waiver by LearnAudioSoftware.com & Soundpages.com Inc
of a breach or default of any of the provisions of this Agreement
by you shall not be construed as a waiver of any succeeding breach
of the same or other provisions; nor shall any delay or omission
on the part of LearnAudioSoftware.com & Soundpages.com Inc to
exercise or avail itself of any right, power or privilege that it
has or may have hereunder operate as a waiver of any breach or
default by you.
You agree that, regardless of any statute or law to the
contrary, any claim or cause of action that you may have arising
out of or related to use of the Site or this Agreement must be
filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in this Agreement
are solely used for convenience and have no legal or contractual
significance.
All provisions of this Agreement that, by their nature, survive
termination of this Agreement will survive termination including
without limitation, the Site Rules, Public Areas, Links,
Disclaimer of Warranties, Limitations on Liability, Allocation of
Risk, Ownership of Materials, Indemnification, Choice of
Law/Jurisdiction and Venue and General sections of this Agreement.
