|
Welcome to the SyncdaddyDaddy.com website (the "website"). This website is owned and operated by Sync Daddy, LLC, (also referred to as "SD", "us", "we", "our"). "You" are the person or entity using the website. PLEASE READ THESE TERMS OF USAGE ("TOU") CAREFULLY BEFORE USING THIS WEBSITE!!! By using this website, you agree to these TOU. If you do not agree to these TOU, you may not use the website. If you violate these TOU we may terminate your use of this website, with reservation of rights. SD reserves the right, at its sole discretion, to change, modify, add, or delete portions of these TOU at any time. If any future changes to these TOU are unacceptable to you, you must stop using the website immediately. These TOU are effective until terminated by either you or us. You may terminate these TOU at any time by discontinuing use of this website and by destroying all materials obtained from the website and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise. We may immediately terminate these TOU with respect to you (including your access to the website) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the SD website(s) and destroy all materials obtained from such site(s) and all copies thereof, whether made under these TOU or not. SD may, from time to time, without notice, and at it's own discretion adopt certain business practices which may restrict, or otherwise inhibit the storage of content on our website. You agree that we do not have a bailee / bailor relationship with you. You agree that you alone are responsible for the proper and adequate archiving of your content, compositions, sound recordings, or any and all other property and that any presence of your content, compositions, sound recordings, or any and all other property on our website is merely the presence of a copy of your content, compositions, sound recordings, or any other property and not an original of your content, compositions, sound recordings, or any other property or the sole existence of your content, compositions, sound recordings, or any other property. Downloading files from the website constitutes delivery, acceptance, consent, admission, acquisition, compliance, assent, recognition, agreement, affirmation, approval, go-ahead, green light, approbation, endorsement, fulfillment and receipt of the music contained therein. Downloading files from the website does not constitute a permanent or temporary transfer or assignment of ownership or copyright in the music, samples, sound effects, compositions, sound recordings, sync rights, programming, scripts, or any other rights of SD. You agree to indemnify and hold us, our affiliates, officers, agents, heirs, executors, administrators, successors, predecessors, parents, partners, affiliates, licensees, officers, directors, representatives, agents, attorneys, employees, past and present, stockholders and assigns, harmless from any claim or demand, including reasonable attorney's fees, from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, expenses, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law or in equity, known and unknown and which have resulted or may in the future develop, related to the right, title, ownership, assignment or exploitation of our work, our property, of Syncdaddy.com, and elements and versions thereof, in any manner, arising out of the use of our property in your content, your content, your use of the website, your violation of these TOU or your violation of any third party's rights including such party's copyrights and trademarks. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SD or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Syncdaddy.com and protected by U.S. and international copyright laws. TRADEMARKS Syncdaddy.com and other marks indicated on our site are registered trademarks of SD or its subsidiaries, in the United States and other countries. SD Logo and other graphics, logos, page headers, button icons, scripts, and service names are trademarks of SD or its subsidiaries. All other trademarks not owned by SD or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SD or its subsidiaries. LICENSE AND SITE ACCESS SD grants you a limited license to access and make personal use of Syncdaddy.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Syncdaddy.com and its catalog so long as the link does not portray Syncdaddy.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. ELECTRONIC SIGNATURE Pursuant to the Uniform Electronic Transactions Act, you agree that the electronic signature executed by you, your employees, representatives, or authorized agents is the legally binding equivalent of a traditional hand-written signature and that the person signing such agreements is legally authorized to enter into any and all such agreements. You understand and agree that you have the right NOT to use an electronic signature, but choose to do as a matter of your convenience in order to execute agreements with us online. For the purpose of executing agreements on-line, the "typed" name of the individual "signing" the document is sufficient and the equivalent of a traditional handwritten signature under the Uniform Electronic Transactions Act and any other electronic signature legislation, rules or requirements in force now, or in the future, throughout the world. Typing in someone's name/signature without their permission constitutes forgery. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Syncdaddy.com only with involvement of a parent or guardian. Syncdaddy.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. REGISTRATION, REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may, at SD's sole discretion, from time to time, register, post reviews, comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Syncdaddy.com reserves the right (but not the obligation) to add, remove or edit such content, but does not regularly review posted content. If you do post content, and unless we indicate otherwise, you grant SD and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SD and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SD or its affiliates for all claims resulting from content you supply. SD has the right but not the obligation to monitor and edit or remove any activity or content. SD takes no responsibility and assumes no liability for any content posted by you or any third party. RISK OF LOSS NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT SD SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO SD BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF SD. PRODUCT DESCRIPTIONS Syncdaddy.com attempts to be as accurate as possible. Syncdaddy.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Syncdaddy.com is not as described, your sole remedy is to return it in unused condition. PRICING Except where noted otherwise, the List Price, if any, displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by Syncdaddy.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following: If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SD ON AN "AS IS" AND "AS AVAILABLE" BASIS. SD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SD DOES NOT WARRANT THAT THIS SITE, IT'S SERVERS, OR E-MAIL SENT FROM Syncdaddy.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW By visiting Syncdaddy.com, you agree that we get to choose between either the laws of the state of Florida, or the laws of the state of California, whichever is most convenient for us at the time, without regard to principles of conflict of laws, to govern these Conditions of Use and any dispute of any sort that might arise between you and Syncdaddy.com or its affiliates. You agree not to dispute our choice of venue and that our choice does not impose any hardship or conflict on you whatsoever. DISPUTES Any dispute relating in any way to your visit to Syncdaddy.com or to products you purchase through Syncdaddy.com shall be mediated, and then subsequently arbitrated by binding arbitration, if necessary, before ADR Services, Inc. in Los Angeles, California, or with an arbitrator of our choice in Pinellas County, Florida, the choice of venue at our sole discretion. In the event arbitration is instituted to enforce or determine the parties' rights or duties arising out of terms of this Conditions of Use, the party substantially prevailing shall be entitled to recover such amount for its cost and attorneys fees incurred in connection with the arbitration or other proceeding as shall be determined by the arbitrator or judge. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, if any, posted on this site. These policies also govern your visit to Syncdaddy.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. COPYRIGHT COMPLAINTS SD. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, SD will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to SD and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, SD will terminate the infringing customer's account. SD may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), SD has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. SD respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Syncdaddy.com website, please contact "Copyright Agent", via facsimile at SD, or mail at: Sync Daddy, LLC c/o Elsa Ramo, Attorney 315 South Beverly Drive Suite 508 Beverly Hills, CA 90212 Attn: Copyright Agent Any written notice describing the infringing activity must include the following information:
|