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These terms and conditions govern your posting of any content or data
including, but not limited to, information about yourself, ratings or
comments that you may have concerning appropriate subject matter, and
computer code or instructions you may have developed or invented
("Submissions") at the SoundSpectrum web site on the World Wide Web (the
"SoundSpectrum Site"), including, but not limited to, the SoundSpectrum
Forums and Extras web pages. By posting Ratings, Comments, or Submissions to
any part of the SoundSpectrum Site, you accede to these terms and conditions
and shall be bound by them just as if you had signed a copy of them.
General
SoundSpectrum does not pre-screen Submissions as a matter of policy, but
SoundSpectrum retains the right, but not the responsibility, to edit or
remove Submissions that SoundSpectrum, in its sole discretion, deems
harmful, offensive, abusive, harassing, threatening, erroneous, misleading,
embarrassing to another person or corporate entity, infringing, or otherwise
in violation of law or these terms and conditions. SoundSpectrum shall make
good faith efforts to investigate Submissions that are reported to it and
alleged to violate these terms and conditions, but (a) makes no warranty to
you that it will edit, remove, or continue to permit the display of any
specific Submission, whether or not subject to such reports and allegations,
and (b) shall have no liability whatsoever for any editing, removal, or
continued permission to display any Submission whatsoever.
Permitted Posting
You may not post to the SoundSpectrum Site any Submissions that (1) consist
of criticisms or comments directed to another person's race, national
origin, ethnicity, religion, gender, sexual orientation, disability, or
comparable characteristic, (2) are not attributable to you or where you do
not have express permission from the owner of the submissions, or (3)
violates or infringes the copyright or other proprietary interest of any
other person.
Ownership
By posting Submissions to any portion of the SoundSpectrum Site you are
granting full ownership of the Submissions to SoundSpectrum, Inc., as if
SoundSpectrum, Inc. had created, developed, and posted the Submissions for
its own purposes. SoundSpectrum, Inc. reserves the right to copy, use,
license, distribute or sell the Submissions in any way it sees fit,
including but not limited to copying the Submissions, in whole or in part,
on its web site, in its promotional literature, or using the Submissions
within its products or services. Any Submissions that contain configuration
files for SoundSpectrum software or links to such configuration files will
be considered the sole ownership of SoundSpectrum and such Submissions will
be considered a "work made for hire" under the United States Copyright Act.
Your Warranty
By posting Submissions to any portion of the SoundSpectrum Site, you warrant
that you have the right, either by virtue of your own ownership of the
Submissions or the express authority of the owner of the Submissions, to
post the Submissions at the SoundSpectrum Site, and you allow SoundSpectrum
to display the Submissions at the SoundSpectrum Site.
Failure to Adhere to These Terms and Conditions and Breach of Warranties
If you fail to adhere to these terms or conditions or breach any warranty
made in these terms and conditions it may result in the termination of your
privilege to post Submissions immediately upon notice to you, and your
internet service provider ("ISP") being notified about the violation.
Indemnification
If so requested by SoundSpectrum, you shall defend, indemnify and hold
harmless SoundSpectrum, and its affiliates, employees, agents, contractors,
successors and assigns against any losses, damages, liabilities, costs and
reasonable expenses due to any claim, proceeding, or action brought by a
third party against SoundSpectrum, Inc., to the extent based on or arising
from the posting of any Submission.
Miscellaneous
These terms and conditions shall be governed by the laws of the State of New
York, without giving effect to its choice of law provisions. SoundSpectrum,
shall have the right to make changes to these terms and conditions from time
to time. If you post Submissions after changes are made in these terms and
conditions, you will be deemed to have accepted all such changes. In the
event that any provision of these terms and conditions shall be held by a
court of competent jurisdiction to be invalid or unenforceable, the
remaining portions shall remain in full force and effect and be construed so
as to best effectuate its purposes.
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