Terms of Service
Last Modified: Jan 21, 2020
Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and Acoustic Reproduction, LLC (" Company", " we", or " us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, " Terms of Service"), govern your access to and use of all services of Acoustic Reproduction, including, without limitation, upperlevel.com, upperlevelcrm.com, upperlevelhosting.com, and uppercutaudio.com, including any content, functionality, and services offered by or through the Company (the " Services"), whether as a guest or a registered user.
In the event of a conflict between the terms of these Terms of Service and the terms of any other agreement with us governing your use of our Services, the terms and conditions of these Terms of Service apply, but only to the extent of such conflict.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Should you have any questions concerning these Terms of Service, or any of Acoustic Reproduction’s policies, please contact us at firstname.lastname@example.org.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or to any or all of our website(s), to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information, except to the extent limited by the provisions of this Agreement pertaining to Team Services. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
You may access your data from the Services, via use of the Application Program Interface (API). Any use of the API, including but not limited to access of the API via a third-party application is specifically bound and subject to the terms and conditions herein. Without limiting the foregoing, YOU SPECIFICALLY AGREE THAT ANY ABUSE OF THE API OR EXCESSIVE USE OF THE API BANDWIDTH (TO BE DETERMINED IN THE SOLE DISCRECTION OF COMPANY) WILL RESULT IN THE IMMEDIATE SUSPENSION OF YOUR ACCOUNT WITHOUT NOTICE.
Company, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version, or for any other reason. In such case, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter "Deprecated Version"). When Company decides to deprecate the current version of the API, you will be informed about such deprecation through a service announcement. For a period of six months following announcement of deprecation (hereinafter the "Deprecation Period"), Company will use commercially reasonable efforts to support the Deprecated Version. You understand that Company is not obliged to provide the features of the newer version in the Deprecated Version.
Company in its discretion may cease supporting the Deprecated Version during the Deprecation Period if i) Company is required to do so by law or ii) you have breached any provision of these Terms of Service or iii) Company determines that supporting the API is likely to result in a security risk to Company.
Intellectual Property Rights
The Services and their entire contents, features, and functionality, including but not limited to all information, navigational buttons, artwork, graphics, photography, text, displays, images, video, audio, and the design, selection, and arrangement thereof, and the like, and all rights therein, as well as any computer programs used in conjunction with our services, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Acoustic Reproduction. The Services in their entirety, as well as any websites or programs used in conjunction with providing our services, are protected by applicable copyright, trademark, trade dress, and other intellectual property laws. All worldwide rights, titles, and interests are reserved by Acoustic Reproduction.
You must not directly or indirectly reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services or any website or other program associated therewith, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site or permit others to do so.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Unless otherwise specifically provided for herein, any reproduction of any content on the Services for any third party other than yourself is prohibited and constitutes copyright infringement.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services or any website or program provided in conjunction therewith is transferred to you, and all rights not expressly granted are reserved by the Company.
The Company name, the names UPPERLEVEL, UPPERLEVEL HOSTING, UPPERLEVEL CRM, UPPERCUT AUDIO, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. Any other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You shall not use the Services:
- for the purpose of exploiting, harming, or attempting to exploit or harm minors or other legally dependent persons in any way by exposing them to inappropriate content, seeking personally identifiable information, or otherwise.
- to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
- to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- to engage in any other conduct that tampers with, restricts, or otherwise inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or exposing them to liability;
- in a manner or for a purpose that is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- in a manner or for a purpose that harasses or advocates harassment of another person or entity;
- In a manner or for a purpose that exploits any person in a sexual or violent manner;
- in a manner or for a purpose that promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or contains or links to content that promotes such activity;
- in a manner or for a purpose that promotes information that the user knows is false or misleading and/or promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
- in a manner or for a purpose that promotes an illegal or unauthorized copy of another person's or entity's copyrighted work;
- in a manner that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- in a manner or for a purpose that promotes any illegal activity, or advocates, promotes, or assists any unlawful act or furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
- in a manner that solicits passwords or personal identifying information from other users of the Services;
- in a manner or for a purpose that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or any financial offer including but not limited to pyramid schemes;
- in a manner that includes a photograph of another person that you have posted without that person's consent;
- in a manner that is inconsistent with any applicable laws and regulations;
- in a manner that infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- in a manner that is likely to deceive any person; or
- in a manner that impersonates any person, or misrepresents your identity or affiliation with any person or organization.
Additionally, you shall not:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Introduce or distribute any viruses, Trojan horses, worms, logic bombs, or other malware material that is malicious or technologically harmful and/or that attempts to and/or successfully causes damage or disruption to any individual, data set or technical device. If applicable the proper authorities will be notified, though Company does not undertake any responsibility to do so;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server through which the Services are provided, or any server, computer, website or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Services.
All of the foregoing are hereinafter referenced as "Prohibited Uses."
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, " Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, " post") content or materials (collectively, " User Content") on or through the Services.
All User Content must comply all provisions regarding Prohibited Uses set out in these Terms of Service.
Any User Content you post to the site will be considered non-confidential and non-proprietary. Company does not claim any ownership rights in the User Content. Notwithstanding the foregoing, by uploading, displaying or posting any User Content on or through the Services, you hereby grant to Company and its licensees, an irrevocable, world-wide, royalty-free, non-exclusive, fully sublicenseable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit, create derivatives, and/or otherwise use such User Content in all media now known or hereinafter created throughout the Universe, in connection with the business purposes of Company.
This license will remain in full force and effect for the term of the copyright in such User Content, including any renewals thereof. You grant Company, its officers, employees, affiliates, licensees and assigns, including, but not limited to, any third-party service providers who provide content management services to Company, the right to use your username, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
You represent and warrant that: (i) you own the User Content uploaded by you on or through the Services, or otherwise have the right to grant the license set forth in this section; (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, trademark rights, or any other rights of any person or entity. You agree to be responsible for the compensation of any and all royalties, fees, and/or any other monies owing or found to be owed to any person or entity by reason of the posting and/or use of any User Content uploaded by you to or through the Services; and (iii) all User Content complies with these Terms of Service.
Trial Period for CRM Services
You may register for a free trial of Customer Relationship Management Services available at upperlevelcrm.com ("CRM Services") and we will make the CRM Services available on a trial basis at no cost until the earlier of: (i) the end of the trial period; or (ii) upon purchase of any CRM Services by You. You may use the CRM Services offered for a free trial without any obligation to purchase CRM Services. You may cancel the CRM Services at any time during the trial period by following the steps described in more detail in paragraph Canceling and Terminating the Services. If You do not purchase CRM Services or cancel your account by the end of the trial period, your account will be suspended and will be marked for deletion from our servers unless you are also using other Services aside from the CRM Services. You may restore a suspended account within 120 calendar days of suspension by purchasing the CRM Services. If your account remains in suspended status for 120 calendar days, all of your content and data, will be deleted from our servers. This information cannot be recovered once deleted. All other provisions in these Terms of Service shall be applicable to the CRM Services to the same extent applicable to all other Services generally.
Fees, Payment, and Taxes
We reserve the right at any time to assess fees for access, to portions of or in their entirety, any or all of the Services and to modify such fees. Such fees shall not be charged unless your agreement to pay such fees is obtained. You agree to pay the applicable fees for the Services (including, without limitation, periodic fees for upgrades and changes) as they become due plus all related taxes, if applicable, and you hereby authorize the Company to assess a monthly or annual recurring automatic payment transaction which will be assessed to the payment form provided by you at the time of registration for the Services. If you do not pay such fees, we shall have the right to cease providing some or all of such Services to you. You agree and acknowledge that Company’s payment processor, an independent contractor, stores your payment information.
Monitoring and Enforcement; Termination
We have the right to:
- Remove, edit, and/or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service. No fee refund will be made when there is a suspension or termination of Service(s) for cause.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company assumes no responsibility for monitoring the Services for inappropriate User Content or conduct, and such User Content or conduct does not necessarily reflect the opinions or policies of Company. If at any time Company chooses, in its sole discretion, to monitor the Services, Company nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.
You are solely responsible for the User Content that you post on or through the Services, and any material or information that you transmit to other users of the Services, and for your interactions with other users. Company does not endorse, and has no control over or responsibility for, any User Content. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Cancellation for Lack of Payment
Any account that has unpaid invoices more than ten (10) days old may be terminated at any time with or without notice. Company will treat all data of terminated accounts as outlined in the section entitled Termination of Data.
Termination of Data
All data from terminated and cancelled Services and accounts should be considered deleted and flushed from the Company’s servers. This also includes any and/or all of the available backups. As part of your responsibility in preserving your data, please ensure to backup all of your data before canceling your account. In certain circumstances the deletion and flush may not be instantaneous.
Data Loss and Backup
Your use of the Services is at your own risk. Company under no circumstance is responsible or can be held liable for any data held on our servers or servers of our affiliates or service providers. You agree to take full responsibility for any and all data transferred to and from the servers of Company, its affiliates, and/or its service providers and to preserve suitable backups of said data.
Customer Satisfaction Policy
Monthly Subscriptions. If at any time during your first month of your monthly subscription to the Services, you are dissatisfied, please contact us. At our sole discretion, we may take reasonable steps to address your issue and/or we may terminate the Services. In the event we take reasonable steps to address your issue and you inform us within ten (10) days that you remain dissatisfied, we will terminate the services. If your Services are terminated, we will refund your subscription for the first monthly payment. In order to receive such refund, you must inform us that you are still unsatisfied with the Services prior to the end of the first month of your monthly subscription to the Services.
Annual Subscriptions. If at any time during your first 45 days of your annual subscription to the Services, you are dissatisfied, please contact us. At our sole discretion, we may take reasonable steps to address your issue and/or we may terminate the Services. . In the event we take reasonable steps to address your issue and you inform us within ten (10) days that you remain dissatisfied, we will terminate the services. If your Services are terminated, we will refund your annual subscription fee for a single year of the Services. In order to receive such refund, you must inform us that you are still unsatisfied with the Services prior to the end of the first 45 days of your annual subscription to the Services.
Auto-Renewal. For your convenience, your monthly and yearly subscriptions will auto-renew until you cancel the service. At least thirty (30) days before your subscription auto-renews, we will send an email to the address you have provided for your account specifying the amount that will be charged to your credit card. Similarly, after each renewal we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount. Within five (5) calendar days after our transmission of the receipt, we will refund the payment referenced in that receipt if you cancel your subscription in accordance with the provision in these Terms of Services entitled Canceling the Services. Purchases of domain names and non-refundable.
Canceling the Services
You are solely responsible for properly canceling your account. You can cancel your account and/or the Services at any time by sending an email to email@example.com expressly requesting cancellation of your account. Upon cancellation of your account and/or the Services, all of your content and data, including but not limited to contact information, will be deleted from our servers. This information cannot be recovered once deleted. Except as specified in the section of these Terms of Service entitled Customer Satisfaction Policy, you will not receive a refund of any payment for the Services in the event of your cancellation of your account and/or the Services.
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to Company or any third party on the Services without first obtaining the prior written consent of the owner the rights in and to such proprietary material or information, unless otherwise permitted herein. It is the right of Company to terminate the privileges of any user of the Services who infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner’s legal agent.
DMCA Notice & Take-Down Procedure.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) a description of the copyrighted work that you claim has been infringed; (ii) a description, including the URL, of where the material that you claim is infringing is located on the Services; (iii) your address, telephone number, and e-mail address; (iv) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Acoustic Reproduction’s Copyright Agent for notice of claims of copyright infringement is Alan Liverance, who can be reached as follows: by e-mail at firstname.lastname@example.org, by telephone at 646-820-2029 or by mail at P.O. Box 772 Scotch Plains, NJ 07076, while legal correspondence should be sent to 536 Park Ave #772, Scotch Plains, New Jersey 07076.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
These Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the content provided in conjunction with the Services from time to time, but such content is not necessarily complete or up-to-date. Any of the material provided in conjunction the Services may be out of date at any given time, and we are under no obligation to update such material.
From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Services ("Maintenance"). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Company will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Data Migration Policy
While the services offered provide you the ability to migrate/import your own data, we may offer services to assist you in migrating/importing your data if you chose. We will make every effort to do this efficiently and timely we cannot guarantee a timeline of completion (the size, cleanliness and organization of your data is a large contributor to the speed of which your migration is complete). The migration/import can only begin after the proper logins have been provided and your account has been properly set-up.
For hosting clients, your data is migrated between cPanel and Direct Admin control panels. The migration depends on the previous hosting provider, their support and your knowledge of your e-mail set-up. While we perform backups of the data you provide it is also your responsibility that you also maintain a back-up as well. We take no responsibility for loss of data or potential issues. It Is your responsibility to ask questions, stay active during the migration, be aware of how your data is managed and confirm your data has been migrated properly (before and after).
Information About You and Your Visits to the Services
Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
We may provide certain social media features in conjunction with the Services that enable you to:
- Link from your own or certain third-party websites to certain content provided in conjunction with the Services.
- Send emails or other communications with certain content, or links to certain content, provided in conjunction with the Services.
- Cause limited portions of content provided in conjunction with the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Services, any of Company’s websites, or portions of such Services or website(s) to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of any website of Company other than the homepage.
- Otherwise take any action with respect to the materials provided in conjunction with the Services that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services or any website of Company contain(s) links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services or any website of Company, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Services is based in the state of New Jersey in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or in conjunction with the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY WEBSITE OF COMPANY, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, RELATED CONTENT, ANY WEBSITE OF COMPANY, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, RELATED CONTENT, ANY WEBSITE OF COMPANY, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, RELATED CONTENT, ANY WEBSITE OF COMPANY, OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE EXPRESSLY RESERVE THE RIGHT AT ANY TIME, IN OUR SOLE DISCRETION, TO REVOKE PERMISSION, MODIFY OR DISCOUNTINUE THE AVAILABILITY OF THE SERVICES, IN WHOLE OR IN PART, TO ANY CUSTOMER, WITH OR WITHOUT NOTICE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS MAKING ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT OR ANY MATERIAL OR INFORMATION THAT YOU OR OTHER USERS TRANSMIT TO EACH OTHER OR TO A THIRD PARTY.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR ASSIGNS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO OR ASSOCIATED WITH THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, MISAPPROPRIATION OF DATA, BREACH OF DATA SECURITY, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CLAIM BASED ON THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR ANY CLAIMS ARISING FROM THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CLAIMS ARISING FROM ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICCATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSON INJURY OR DEATH, RESULTING FROM ANY CLAIM ARISING FROM THE USE OF THE SERVICES, ATTENDANCE AT ANY EVENT OF COMPANY, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR PRODUCTS OR SERVICES PROVIDED BY COMPANY.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions or the content of your own website, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.
You are solely responsible for your interactions with other users of the Services. Company reserves the right, but has no obligation, to monitor disputes between you and other users of the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey in each case located in the State of New Jersey, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding any other provision contained in these Terms of Service, in the event that the performance of any obligation of Company is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Company, then Company shall not be responsible to you for any failure or delay in the performance of its obligations.
You may not assign your rights or obligations under this Agreement without the prior express written consent of Company.
You agree to that any disputes arising from the use of these Terms of Service or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The Terms of Service and any agreement incorporated by reference herein constitutes the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Your Comments and Concerns
This website is operated by Acoustic Reproduction, LLC. Most correspondence should be sent to P.O. Box 772 Scotch Plains, NJ 07076, while legal correspondence should be sent to 536 Park Ave #772, Scotch Plains, New Jersey 07076.
All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Notice and Takedown Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: email@example.com
Although we will make every effort to respond quickly to applicable e-mail messages, Company is under no obligation to respond to all correspondence it receives, to maintain your submitted comments in confidence, or to pay compensation of any kind for the reproduction or any other use of your comments or submissions to the Services. Therefore, while we welcome your comments and feedback, please do not send any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Company shall become and remain the property of Company, except as otherwise set forth below. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Communications from Company
The Services may include certain communications from Company, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. We also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Third Party Applications
Third party applications (hereinafter "Third Party Application(s)") may be integrated with the Services. In addition, you may also integrate other Third Party Applications with the Services by using the API if such Third Party Application allows such integration. Access and use of Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application.
Integration of the Services with Third Party Applications using the API requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that you use the services of technically skilled persons for the integration. Without limitation to any other disclaimer or limitation of liability contained in these Terms of Service, you agree that Company is not liable for any loss and corruption of data caused due to errors or defects in the integration.
You must not try to access any functionality that is not exposed in the documentation for the API. Without limitation to any other disclaimer or limitation of liability contained in these Terms of Service, you understand and agree that Company will not be liable for the consequences of accessing or using any unexposed functionality of the API.