TERMS OF USE

Last Updated: June 5th 2008

By using this website, you accept all terms, conditions and responsibilities of this agreement.

Introduction

This Website located at the URL www.soundproofmagazine.com is operated by SoundProof Magazine. In this agreement, the term Website includes all websites and web pages within the Website as well as any equivalent, mirror, replacement, substitute or backup websites and web pages. Please also review the terms of our Privacy Policy, which forms parts of these Terms of Use. Your use of this Website is subject to the following Terms of Use. You agree to the Terms of Use by accessing this Website and/or by accepting any information from this Website. If you do not agree with any of these Terms of Use, do not use this Website. SoundProof Magazine reserves the right, in its sole discretion, to modify, alter or otherwise change the Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Website after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes. SoundProof Magazine assumes (and by using this Website you warrant that) you have legal capacity to enter into the agreement set out in theses Terms of Use. SoundProof Magazine will assume (and by using this Website you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use.

This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Website and it cannot be modified, except as specifically described herein.

Soundproof Magazine (www.soundproofmagazine.com) is offered and made available only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using this Website immediately. If, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the SoundProof Magazine (www.soundproofmagazine.com) immediately.

The Website and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Website, you should confirm any facts that are important to your decision. This Website and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Website. SoundProof Magazine is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose Websites we link.

Ownership of Intellectual Property

All Website software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Website including, without limitation, the selection, sequence and "look and feel" and arrangement of items, (individually and/or collectively "Material"), are the property of SoundProof Magazine, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under applicable governing law. SoundProof Magazine may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Any reproduction, copying or redistribution of the Materials or design elements of the Website for any purpose are strictly prohibited without the express written consent of the owners of SoundProof Magazine. This prohibition includes, without limitation, the reposting of RSS feeds of the Website or any portion thereof on other websites for any purpose whatsoever. All rights in the product names, company names, trade names, logos, product packaging and designs of SoundProof Magazine or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to SoundProof Magazine, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.

Governing Law

Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms shall be governed by and construed in accordance with the laws of Ontario, Canada. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Ontario (subject to appeal) and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts. SoundProof Magazine makes no representation that the SITE or the Contents are appropriate for users outside the Province of Ontario, Canada.

Indemnification

You agree to defend, indemnify and hold harmless SoundProof Magazine and its directors, officers, employees, volunteers, and agents from and against all liabilities, claims, damages, costs and expenses, including legal fees arising out of: your use of the website; any material you post, upload, e-mail or otherwise transmit using the site; or your violation, breach or alleged violation or breach of these Terms of Use.

Links from this site

SoundProof Magazine (www.soundproofmagazine.com) contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. You acknowledge and agree that SoundProof Magazine (www.soundproofmagazine.com) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any use of, or reliance upon, any content, goods or services available on or through any such third party websites.

 

Chat Rooms, Bulletin Boards, Other Forums

If, in the future, this Website includes chat rooms, forums and/or other public-posting areas such as user comments, SoundProof Magazine will not and cannot review every posting that may be made in those public areas. SoundProof Magazine will not endorse or guarantee the accuracy of any posting regardless of whether the posting comes from a user, from a celebrity or "expert" guest or from a member of SoundProof Magazine's staff. SoundProof Magazine will not be responsible for any material posted in any chat room or on any bulletin board or forum and will not be responsible or liable to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Website.

SoundProof Magazine shall have the right but not the obligation to monitor, from time to time, the content of the Website including, without limitation, the chat room, bulletin boards and forums to determine compliance with this Agreement and any operating rules established by SoundProof Magazine and to satisfy any law, regulation or authorized government request. SoundProof Magazine shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Website.

By using the Website, you agree not to post any content which libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus or other harmful component, infringes on the ability of others to enjoy the Website or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person, impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content, contains links to other sites that contain the kind of content which falls within the description set out above. SoundProof Magazine reserves the right to delete, move or edit any content and refuse access to anyone who SoundProof Magazine believes in its sole and absolute discretion has violated these terms or any other term of this Agreement. You hereby waive any and all rights you may have with respect to the alteration, modification or removal of any such content. SoundProof Magazine additionally reserves the right to terminate this Agreement against any further use of any person or entity who violates any term of this Agreement. If SoundProof Magazine receives a request to disclose the identities of users who post content to the Website and if SoundProof Magazine discloses the identify of a user pursuant to the Terms of Use or SoundProof Magazine's Privacy Policy, you understand and agree that we may do so and you waive all rights in connection therewith.

By submitting material to the Website, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement but may also subject you to legal liability for copyright, trademark or other intellectual property infringement.

All material you submit to the Website, including e-mails, becomes the sole and exclusive property of SoundProof Magazine. SoundProof Magazine may reproduce, distribute, display, exhibit and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without payment of any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. SoundProof Magazine does not consider any material you submit to the Website to be confidential or proprietary.

Promotions and contests

The Website may, from time to time, contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry are valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Website.

Submissions

SoundProof Magazine welcomes your comments but does not accept unsolicited submissions for programming, Websites and other products and we cannot review your submissions. SoundProof Magazine has adopted this policy to avoid misunderstandings about projects SoundProof Magazine develops, which may appear to be similar to someone else's idea, suggestion or material. If you choose to submit material to SoundProof Magazine despite this request not to submit ideas for programming, Websites and other products, SoundProof Magazine will not treat any submission as confidential. SoundProof Magazine will not be liable for any use or disclosure of that submission to any third party and/or for loss of any material submitted and may use it for any purpose. By submitting material to this Website you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats or other elements that SoundProof Magazine has independently developed or that has or may come to SoundProof Magazine from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any submission will become the sole property of SoundProof Magazine and will not be returned to you and SoundProof Magazine shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of SoundProof Magazine's use of similar or identical material.

Cookies and Web Beacons

To enhance your experience with the website, SoundProof Magazine (www.soundproofmagazine.com) reserves the right to use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us by, for example, consenting to be included in our mailing list. However, once you choose to furnish the website with personal information, this information may be linked to the data stored in the cookie.

We use cookies to understand site usage and to improve the content and offerings on the website. For example, we may use cookies to personalize your experience at our website (e.g., to recognize you by name when you return to our website), or save your password in password-protected areas. We also may use cookies to offer you products, programs, or services.

"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on this Site from time to time for this and other purposes.

 

Disclaimer

SoundProof Magazine and it's content is provided without any representations or warranties of any kind, either express or implied. SoundProof Magazine disclaims all representations and warranties, including by way of example but not limitation, as permitted by applicable laws.  In addition, SoundProof Magazine does not represent or warrant that the information and or facilities on or accessible via the website will be free of defects, including but not limited to, viruses or other harmful elements.  The user of the website assumes all costs arising of the use of this website.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from Soundproof Magazine website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any SoundProof Magazine's website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.