DISCLAIMERS

The USER expressly agrees that use of SoundCommerce® is at the USER’s sole risk. Neither soundcommerce.com, nor Sound Commerce Advisory, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that soundcommerce.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of soundcommerce.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through soundcommerce.com. Under no circumstances shall soundcommerce.com or any other party involved in creating, producing, or distributing soundcommerce.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use soundcommerce.com, including but not limited to reliance by a USER on any information obtained from soundcommerce.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to soundcommerce.com’s records, programs, or services. The USER hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through soundcommerce.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

USER GENERATED CONTENT: SUBMISSIONS INCLUDING BLOG COMMENTS

• Be courteous. You agree that you will not threaten or verbally abuse other commenters, customers or SoundCommerce clients, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
• Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the features and functionality of soundcommerce.com (the “Site”).
• Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. SoundCommerce encourages active discussions and welcomes debate. Personal attacks are not debate, and may be grounds for immediate and permanent suspension of the privilege of commenting on the Site.
• Be smart about what you post or upload. Do not upload to, distribute or otherwise publish to the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
• We might reuse your content. You acknowledge that any submissions you make to the Site (e., user-generated content including but not limited to: comments, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by SoundCommerce and you waive any rights you may have to prevent the material being altered or changed in a manner not agreeable to you. Submissions made to the Site may also be included in our RSS feeds, APIs or made available for republishing through other formats. By making a Submission, you are consenting to its display and publication on the Site, and for related online and offline promotional uses.
• We have your permission to reuse your content. You grant SoundCommerce a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for SoundCommerce or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Site or any other Web site owned by SoundCommerce, including any Submission posted on or to the Site through a third party
• You stand behind your content. You are solely responsible for the content of your Submissions. SoundCommerce does not – and cannot – review every Submission before it is posted. SoundCommerce is not responsible for the content of these messages, and reserves the right to delete, move, or edit Submissions that, in its sole discretion, it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

APPLICABLE LAW

This site is created and controlled by Sound Commerce Advisory in the State of Washington. As such, the laws of the State of Washington will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Sound Commerce Advisory reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. USER hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Washington and of the United States of America located in the State of Washington for any litigation arising out of or relating to use of or purchase made through soundcommerce.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Washington Courts and agrees not to plead or claim in any Washington Court that such litigation brought therein has been brought in an inconvenient forum.

CONTENT

The USER acknowledges that soundcommerce.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and soundcommerce.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. USER may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, USERs may make copies of select portions of the Content, provided that the copies are made only for USER’s personal use and that USER maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107).

Sound Commerce Advisory makes no representations about the suitability of the information contained in the website and related graphics published on this website for any purpose. All such information and related graphics are provided “as is” without warranty of any kind. Sound Commerce Advisory hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Sound Commerce Advisory be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, provision of or failure to provide services, or information available from this website.

Sound Commerce Advisory does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within this Website. Sound Commerce Advisory may make changes to these materials, or the products described in this Website, at any time without notice. Sound Commerce Advisory makes no commitment to update the information contained in this Website.

LINKS TO THIRD PARTY SITES

The links in this Website will let you leave Sound Commerce Advisory Website. The linked sites are not under the control of Sound Commerce Advisory and Sound Commerce Advisory is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Sound Commerce Advisory reserves the right to terminate any link or linking program at any time. The inclusion of any link does not imply endorsement by Sound Commerce Advisory of the site. If you decide to access any third party sites linked to this Website, you do this entirely at your own risk.

COPYRIGHT NOTICE

Copyright ©2017 Sound Commerce Advisory, Seattle, WA 98199, U.S.A. All rights reserved.

CLAIMS OF COPYRIGHT INFRINGEMENT

SoundCommerce and its corporate affiliates respect the intellectual property of others. If you believe your rights under United States or international copyright laws or other intellectual property rights are being violated by any material appearing on or through SoundCommerce’s website or services, you can request that SoundCommerce remove the allegedly infringing material by providing a Notification of Claimed Infringement (“Notification”) to our designated Copyright Agent in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).

To be valid, a Notification must include the following:

• The name, address, telephone number, facsimile number and e-mail address of the person submitting the Notification;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• Identification of the material that is alleged to be infringing, and information reasonably sufficient to permit CommerceHub to locate the material;
• A statement that the person submitting the Notification has a good faith belief that use of the material is not authorized by the copyright or other intellectual property owner, its agent or the law;
• A statement (a) that the provided information in the Notification is accurate, and (b) that, under penalty of perjury, the person filing the Notice is the copyright owner or is a person authorized to act on behalf of the copyright owner whose exclusive right is allegedly infringed; and
• The physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.

Please send the Notification to:

By email:

privacy@soundcommerce.com

TRADEMARKS AND SERVICE MARKS

“Sound Commerce Advisory “, “soundcommerce.com”, “SoundCommerce®”, “Sound Commerce®”, and “Let’s Grow.” referenced herein are either trademarks or registered service marks of Sound Commerce Advisory.

Page last updated: may 2, 2017