Acceptance of Terms
These Terms of Service apply to all visitors and users of the SoundSnap website, including members who have paid a membership fee. By visiting and using the SoundSnap website you signify your assent to both these Terms of Service and the SoundSnap Privacy Policy.
You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent. You also represent that You are fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set out in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SoundSnap website is not intended for children under 13.
Children under the age of 13 are not permitted to use SoundSnap and no part of the website is directed to children under the age of 13. If you are under the age of 13 please do not use this website.
Copyright Infringement
SoundSnap does not permit copyright infringing activities and infringement of intellectual property rights on its website, and SoundSnap will remove content if properly notified that such content infringes on another’s intellectual property rights. SoundSnap reserves the right to remove content without prior notice. SoundSnap will also terminate a user’s access to its website, if they are determined to be in breach of the License.
Limitation of Liability
THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUNDSNAP AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SOUNDSNAP AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOUNDSNAP AND YOU. SOUNDSNAP AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE, THE MATERIALS AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SOUNDSNAP’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.
Indemnity
You agree to defend, indemnify and hold harmless SoundSnap, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the SoundSnap website; (ii) your violation of any term of these Terms of Service, the Privacy Policy, and/or the License; and/or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This Section and indemnification obligation will survive these Terms of Service and your use of the SoundSnap website.