1. Acceptance of Terms
2. Proprietary Rights
All text, materials, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned or licensed by or to Sound-Waves and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. This Website and the Content are for your personal and non-commercial use. No portion of this Website may be reproduced in any form or by any means without our prior written permission. You are not permitted to distribute, modify, publish, transmit or create derivative work of any Content contained on the Website for any public or commercial purposes.
Sound-Waves hereby gives you permission to copy materials published by Sound-Waves on this Website solely for personal and non-commercial use within your organization, provided that you (i) do not remove, alter or amend any titles, trademarks, copyright, restricted rights notices or any proprietary notice language in any of the copies of such materials, (ii) do not copy or post such materials on any networked computer or broadcast it in any media, (iii) do not make modifications to any such materials and (iv) will not copy, transfer or transmit any such materials or any information contained therein to any unauthorized third party. No other use of the information is authorized.
The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of Sound-Waves or other third parties. You are not permitted to use these Marks without the prior written consent of Sound-Waves or such third party which may own the Marks. “Sound-Waves” and the Sound-Waves logo are trademarks or registered trademarks of Sound-Waves and/or its affiliates in the U.S. and other countries. Third-party trademarks mentioned are the property of their respective owners.
Except as expressly specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Sound-Waves or any third party.
3. Disclaimer; Limitation of Liability
Sound-Waves does not promise or warrant that the Content, information, services and features included or available on this Website is accurate, timely, current, reliable or correct; that this Website or any Content, information, services or features of the Website will be error-free, uninterrupted or available at any particular time or location; that any defects or error will be corrected; that the Content or any information you download from the Website is free of viruses or other harmful components or; that your use of the Website will provide specific results. All information provided by Sound-Waves on this Website is provided “AS-IS”, with all faults and without warranty of any kind, whether expressed, implied or statutory, including but not limited to any warranties and conditions of merchantability, intended use, fitness for a particular purpose, title, non-infringement or arising from a course of dealing, usage or trade practice. Sound-Waves disclaims any and all liability for the acts, omission and conduct of any third parties in connection with or related to your use of the Website. Sound-Waves does not promise or warrant that the Content, information, services or features included or available on this Website, or the Website itself is suited for your intended use or purpose. It is your responsibility to independently determine the suitability of the Content, information, services, and features, included or available on this Website, and the Website itself, for your intended use and purpose and to verify the same. You may not rely on the Content, information, services, features included or available on this Website, the Website itself, or any component thereof. Your use of this Website and any linked site is solely at your own risk and you assume total responsibility for such use.
Sound-Waves, in its sole discretion and without prior notice, may modify or change the Website or any portion thereof, any products, services or programs offered on the Website and/or any applicable policies or term; or modify, suspend, interrupt or terminate operation of or access to the Website, or any portion thereof, for any reason.
Any mention of non-Sound-Waves products or services on this Website is for information purposes only and does not constitute an endorsement, a guarantee or a recommendation by Sound-Waves. Sound-Waves makes no representations or warranties about the suitability of any third party products and/or services or the accuracy or reliability or completeness of any third party content and hereby disclaims all warranties and conditions, whether express, implied or statutory with respect to any third party products, services and contents.
Except where specifically prohibited by applicable law, in no event will Sound-Waves or any of its affiliates be liable for any general, direct, indirect, incidental, special, exemplary, consequential or punitive damages or any damages whatsoever, including but not limited to loss of use, profit or revenue, loss or damage to data, however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise), arising in any way out of or in connection with your use or inability to use this Website or any Sound-Waves products and/or services, your participation in or your reliance of Sound-Waves partner program OR damages resulting from use or reliance of the information presented by Sound-Waves, even if Sound-Waves has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusions or limitation of certain damages, Sound-Waves liability shall be limited to the extent permitted by applicable law.
Sound-Waves’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided to you, and nothing on this Website should be construed to alter such agreements.
4. Forward-looking Statements
Some of the information included or incorporated by reference on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of Sound-Waves. Forward-looking statements can often be identified by words such as “anticipates”, “expects”, “forecasts”, “intends”, “believes”, “seeks”, “estimates”, “plans”, “predicts”, “may”, “will”, “should”, “would”, “potential”, “continue” and similar expressions and variations or negatives of these words. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances, including any underlying assumptions, are forward-looking statements. These statements speak only as of the date they are made and are based upon the information available to us at that time. We are under no obligation to revise or update publicly any forward-looking statement for any reason, except only as required by law. Forward-looking statements are not guarantees of future results and are subject to risks, uncertainties and assumptions that are difficult to predict. Therefore, our actual results could differ materially and adversely from those expressed in any forward-looking statement as a result of various factors. We refer you to the documents that we file with the Securities and Exchange Commission from time to time (such as our annual report Form10-K, quarterly report Form10-Q and current report Form 8-K ) that discuss the foregoing risks as well as other important risk factors that could contribute to such differences or otherwise affect our business, results of operations and financial condition or cause the actual results to differ materially from those contained in our projections or forward-looking statements.
5. Prohibited Use
- collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- harass or interfere with another user’s use and enjoyment of the Website;
- transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs;
- interfere with or disrupt servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means;
- solicit the performance of any illegal activity or other activity which infringes the rights of Sound-Waves or others;
- post, distribute or transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or other proprietary rights;
- make the Website, or any Content contained in the Website, available to any unauthorized third party;
- sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the Website, or create any internet “link” to the Website without the prior express written authorization from Sound-Waves;
- cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising or available through the Website;
- remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend included or provided with the Website.
6. Member Account, Password and Security
Certain features or services offered on or through the Website may require you to open an account and create a password. Where you have created an account in the Website, you warrant that the information you have provided is truthful and accurate. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and for any and all activities that occur under your account. You agree to notify Sound-Waves immediately of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by Sound-Waves or any other user of or visitor to the Website due to someone else using your account and password. If Sound-Waves believes that your account has been compromised, Sound-Waves may require you to update your password or terminate your access to the Website. You may not use anyone else’s account at any time without the permission of the account holder. Sound-Waves cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
7. Applicable Laws; Export Control Laws
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. User access to this Website is governed by all applicable federal, state and local laws. Sound-Waves makes no representation that any Content and information on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
All information available on the Website and Sound-Waves products and technology are subject to export control laws and regulations of the United States and may also be subject to the laws of the country where you reside. You agree to comply with all such export control laws and regulations and will not use or export, directly or indirectly, any material within this Website and/or Sound-Waves products and technology in violation of these laws.
9. Link to Third Party Sites
Our Website may contain links to other party websites or automatically produce search results that refer or link to other party websites. Links to such third party websites are not under the control of Sound-Waves and Sound-Waves is not responsible for any contents, materials, opinions, advice or statements or for the accuracy or reliability of any such contents and materials made on any linked site or any link contained in a linked site, or any changes or updates to such sites. Sound-Waves is not responsible for any form of transmission received from any linked site, including but not limited to webcasting or audio transmission. Access to any linked site or any link contained in a linked site is at your own risk. Sound-Waves is providing these links to you only as a convenience and the inclusion of any link does not imply any warranty (implied, express or otherwise) or any endorsement by Sound-Waves of the site including any information or materials contained on such linked sites.
10. Software Available on this Website
Any Sound-Waves software that is made available to download from this Website (“Software”) is the copyrighted work of Sound-Waves and/or its suppliers. Use of the Software is governed by the license terms which accompanies or is included with the Software or if no license terms accompany the file, the terms of the license agreement which accompanied the original product by which you are updating or the license terms pursuant to the Sound-Waves end user license agreement (collectively “Sound-Waves Software License Agreement”). You are not permitted to download and install any Software unless you first agree to the Sound-Waves license agreement governing the Software. The Software is warranted, if at all, only according to the terms of the applicable Sound-Waves Software License Agreement. Except as provided in the applicable Sound-Waves Software License Agreement, Sound-Waves hereby disclaims all warranties and conditions with regard to the Software, whether expressed, implied or statutory, including but not limited to any warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
U.S. Government Restricted Rights. Any Software which is downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, disclosure, modification, or adaptation of the Software by the U.S.
12. Choice of law; Venue