The Sites and Apps are provided by Sound Concepts, Inc. (“us,” “we” or “our”), whose principal place of business is at 782 S. Auto Mall Drive Suite A, American Fork, UT 84003.
Use of the Site
- You may access the Sites or Apps solely for your own personal use. You must not use any content, information, document, text, image, video, audio, design, commentary, suggestion, work or other material (collectively, “Content”) of the Sites or Apps for any commercial or illegal purpose.
- By submitting any Content to us, you acknowledge that we may copy, modify, distribute or create a derivative work from the Content in any manner that we shall determine. You also waive any moral rights in the Content for the purposes of its publication on the Sites or Apps. You will indemnify us if any third party takes action against us in relation to the Content.
- You must not submit to the Sites or Apps any Content which is defamatory, offensive, menacing or obscene or which in our judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such Content from the Sites or Apps at any time without notice to, or consent by, you.
- You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Sites or Apps.
- We reserve the right to charge you to access certain information on the Sites or Apps. We will inform you where a charge will be incurred by you for accessing certain services or information. Please see our Terms of Sale for further information.
- We reserve the right to suspend the Sites or Apps at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Sites or Apps with immediate effect if you breach any of these Terms.
- We take no responsibility for and we do not expressly or implicitly endorse any user-created Content. You may not, and you agree that you shall not, upload, post, or transmit any Content that:
- Infringes, violates or misappropriates any copyright, trademark, trade secret, or other intellectual property, proprietary or moral right of any third party;
- Infringes or violates any privacy or other rights of any third party;
- Is obscene or offensive, or contains sexually explicit Content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory Content or incites hatred or harassment against any individual or group;
- Exploits or is harmful to minors;
- Depicts unlawful acts or extreme violence;
- Makes any misrepresentation, or any false, unsubstantiated or non-compliant claims;
- Promotes fraudulent, dubious or predatory business schemes; or
- Violates any law.
- Although we have no obligation to screen, edit, or monitor Content, we may, at our sole discretion, delete or remove Content at any time and for any or no reason, including for a violation of these Terms, a violation of our Content Guidelines, or if you otherwise create liability for us.
- We do not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.
- Any ideas, suggestions, and feedback about us, the Sites, the Apps or any of our products or services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.
- It is your responsibility to upload, share or transmit only Content you’ve created yourself, or that you have permission to upload, share or transmit. This means you must own or hold all necessary rights to the Content you upload, share or transmit.
Code of Content
- By using the Sites or the Apps, you agree that you will not:
- Act in a deceptive manner by, among other things, impersonating any person or making any misrepresentation, or any false, unsubstantiated or non-compliant claims;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam”;
- Attempt to gain unauthorized access to the account of another user, to the Sites or the Apps, or to to any of the computer systems or networks connected to or used together with the Sites or the Apps; or
- Create or distribute Content that violates these Terms or applicable law.
- You further agree that Content you submit to the Sites or the Apps will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.
- When you use our Apps and create an account, you guarantee that you are aged eighteen or above, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
- In the event, where we have given you (or where you have chosen) a password which enables you to access certain parts of our Apps, you are responsible for keeping this password confidential. We ask you not to share this password with anyone.
- You are also responsible for maintaining the confidentiality of your account and password (if applicable), including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Apps or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
- We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.
- We may terminate or suspend your account and bar access to the Sites and the Apps immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
- If you wish to terminate your account, you may simply discontinue using the Apps and the Sites.
- All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- People: Manage contacts easily and swipe to sort them by interest level. You can make connections, add notes, or check out the Contact Feed to see the Media you've shared and whether or not your contacts have actually viewed it.
- Media: It has never been easier to share information about your products and opportunity via SMS text, email, or social media. Simply choose from the library of Content specifically designed to promote your business and share it with a contact. You'll even receive a notification when they view it so you know exactly when to follow up! There is a huge variety of digital tools at your disposal. No data connection? No problem! Simply download Media in the app beforehand for offline playback.
- Feed: Keep track of everything you’ve shared and see what your contacts have viewed with notifications. You can even swipe notifications to mark them as a Reminder. News also brings all of the latest announcements and social posts from corporate straight to you--in one convenient place!
- Business: Manage your business at a glance with simple analytics tiles. Enroll new contacts into your business and shop for the best business tools and more. You can also access other helpful links.
- Business: Access helpful links to build your business.
- Settings: Our simple Share Setup will help you upload a profile picture, define your 'why' in your bio, and add other info that will help contacts connect with you and learn more about your business. Configure notifications, watch QuickTips to learn about the app, and more.
Dealings with Third Parties
- The Sites or Apps or third parties may provide links to other web sites or resources, promotions of advertisers and merchants. As we have no control over such sites, third party resources and material, you acknowledge that we are not responsible for the availability of such external sites, third party resources or the Content of such material, do not endorse and are not liable for any Content, advertising, products, services or other materials on or available from such sites, third party resources or contained in such Material.
- Any dealings by you with any third party on or through the Sites or Apps shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
- We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
- It is sometimes possible to access this Sites or Apps through a link located on another web site or within a third party email communication. We do not make any representations, or endorse any products, materials, companies or individuals that provide a link to this Sites or Apps or make any warranties with respect to any information contained in or at these other sites or third party email communications.
Intellectual Property Rights
- The Sites, Apps and the Content of each (including but not limited to, animations, character design, text, software, music, lyrics, sound, photographs, graphics, video, page layouts and design) are protected by intellectual property rights, including copyright and trade marks.
- Except as expressly authorised in writing either separately or pursuant to the terms of this Agreement by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any Content of the Sites or Apps, or of any Sites’ or Apps’ property received by you as part of using this service, in whole or in part. All rights not granted or licensed pursuant to these Terms are hereby expressly reserved to us.
- Where intellectual property rights of third parties are concerned, it is our policy to respond to any claim that Content posted when using the Sites or Apps infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
- If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
- You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Sites and Service.
DMCA Notice and Procedure for Copyright Infringement Claims
- You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a 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;
- 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.
- You can contact our Copyright Agent via email at email@example.com
- Our trading name and the Sites or Apps are owned by us and are descriptive of our products and services.
- Your use of the Sites or Apps is at your sole risk. The Sites or Apps are provided on an "as is" and "as available" basis and we do not guarantee that the Sites or Apps will be suitable for your purposes or requirements. If your PC does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Sites or Apps. We will not be responsible for any failure of electronic messages or images (whether via the internet or SMS) sent through the service to reach your intended recipient on the date specified by you.
- The Sites or Apps are accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or service obtained by you on the World Wide Web.
- The Content of the Sites or Apps has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the Content of the Sites or Apps, but we give no guarantee that the Content is complete, accurate, error or virus free or up to date.
- We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- We do not assume any liability, or responsibility, for any Content uploaded or otherwise transmitted by you or any third party to the Sites or Apps.
- So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.
Limitation of Liability
- So far as permitted by law, and except in respect of death or personal injury arising from our negligence or for fraudulent misrepresentation, we exclude any liability for loss or damage of any kind resulting from the use of the Sites or Apps (including the reliance upon any information contained on it).
- In no event shall we or our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Sites or Apps; (ii) any conduct or Content of any third party on the Sites or Apps; (iii) any Content obtained from the Sites or Apps; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You shall indemnify and hold us and our shareholders, directors, officers, employees, assignees and licensees harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from the breach of any of your obligations hereunder.
- These Terms, as well as our Terms of Sale and our Data Processing Agreement you will be asked to agree to when signing up to our Apps, constitute the entire agreement between you and us. If any of them are held by a court of law or regulatory authority to be illegal or otherwise unenforceable by the laws of any state or country, then to the extent that any term(s) is (are) illegal or unenforceable, they shall be deleted from these Terms and the remaining terms shall survive and remain in full force and effect.
- Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
- These Terms and the relationship between you and us shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute.
- We reserve the right to vary the Terms from time to time, such variations becoming effective immediately upon posting to the Site or Apps and by continuing to use it, you will be deemed to accept any such variations. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.