Web Site Agreement
THIS AGREEMENT ALSO APPLIES TO VISITORS/USERS WHO ARE NOT SUBSCRIBERS/MEMBERS
Subscriber Agreement & Terms and Conditions
BEFORE YOU CLICK ON THE "I AGREE" CHECK-BOX PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK BOX YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
Last Updated: February 15th 2009
The Web site located at http://www.redrawsounds.net("Site") is provided by RedRawSounds.net. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "RedRawSounds.net," "we," "us'" or "our" refers to RedRawSounds.net, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with RedRawSounds.net's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: our Help Desk..
2. Subscription Fees and Payments
You can always find the current Subscription Fees and product prices posted on our site. Your subscription will continue and renew automatically, unless terminated by RedRawSounds.net or until you notify RedRawSounds.net by email or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated with our secure online payment processor (PayPal) during the registration process for the Site, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. If you want to designate a different card or there is a change in credit card validity or expiration date then you will need to contact PayPal or access your PayPal account.
You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. RedRawSounds.net may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
If you believe someone has accessed the Site using your username and password without your authorization, you may contact us through our Help Desk. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT RedRawSounds.net, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
Mobile phone payments: Although a subscription rate or product price will be stated on RedRawSounds.net, due to the nature of mobile phone network payments/tariffs and rules and regulations governing different countries, these rates and prices are subject to higher or lower prices being levied by the carrier dependant on market conditions and the country in question. This potential variability is stated on all our mobile payment option pages.
As a subscriber to RedRawSounds.net using any of our Mobile Phone secure payment system suppliers, you are agreeing to pay your mobile carrier for the transaction, and the mobile carrier will bill you. For your information and comfort, the mobile phone number, phone carrier and Suppliers Mobile Billing system are the only items involved in completing the transaction. No personal information, bank account or credit cards are required to complete the transaction.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the Privacy Link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service.
You are also prohibited from submitting to, posting or transmitting through RedRawSounds.net any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of RedRawSounds.net nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that RedRawSounds.net does not pre-screen all content, but that RedRawSounds.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, RedRawSounds.net and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that RedRawSounds.net is not responsible for any content sent using and/or included in the Site by any third party.
5. Use of the Site
You assume total responsibility and risk for your use of the site and the internet. RedRawSounds.net provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and RedRawSounds.net shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. RedRawSounds.net does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk.
RedRawSounds.net has no control over and accepts no responsibility whatsoever for such materials.
6. Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information that you send to RedRawSounds.net through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our RedRawSounds.net mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
7. Copyright and Restrictions
This Web site contains proprietary material of RedRawSounds.net (or material that other suppliers have licensed to RedRawSounds.net for their use) which is protected by copyright and other laws respecting proprietary rights. RedRawSounds.net retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use RedRawSounds.net except as expressly permitted under this Agreement and under National copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
End users who are duly authorized may Access RedRawSounds.net for individual use, i.e., may view or listen to the information on screen; may download designated portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from RedRawSounds.net. Any use not authorized by the Agreement is prohibited and is not a fair use under National copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause RedRawSounds.net and/or RedRawSounds.net’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by RedRawSounds.net, and/or any of RedRawSounds.net’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of RedRawSounds.net; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by RedRawSounds.net.
If you breach any provision of this Agreement, RedRawSounds.net may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
Copytight & Restrictions Summary
All Online Materials on the RedRawSounds.net site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by RedRawSounds.net.
You, the visitor, may download Online Materials for non-commercial, personal use only provided you
(1) retain all copyright, trademark and propriety notices
(2) you make no modifications to the materials
(3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands
(4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.
You may not, however, copy, reproduce, republish, upload, post, transmit, distribute, or sell our online materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the RedRawSounds.net site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download; any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by RedRawSounds.net or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
8. Limitations on Use
The following activities are prohibited. You agree not to:
a.
Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. RedRawSounds.net can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b.
Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check RedRawSounds.net links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c.
Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d.
Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e.
Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f.
Access the Site by any means other than through the interface that is provided by RedRawSounds.net, or attempt or access any area of the Site to which your access is not authorized; or
g.
Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
9. Accuracy and Availability of Information
The Site contains database information and other content compiled by RedRawSounds.net. While we use commercially reasonable efforts to provide accurate information, RedRawSounds.net gives no warranty as to the accuracy of the database and other content on the Site. RedRawSounds.net reserves the right to withdraw or delete information or content from the Site at any time.
10. Links to Third Party Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site, including web sites of RedRawSounds.net's affiliates ("Third-Party Sites"). Such links should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a RedRawSounds.net-operated site or have moved to another site.
RedRawSounds.net is not responsible for the content or practices of third party sites that may be linked to our site. When RedRawSounds.net provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that RedRawSounds.net is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any RedRawSounds.net site or endorsement, sponsorship or support of RedRawSounds.net, including its respective employees, agents or directors.
Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that RedRawSounds.net is not your agent and is not a party to any transaction at a Third-Party Site.
11. Representations and Warranties
You represent and warrant to RedRawSounds.net that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
12. Disclaimer of Warranties
All content, software, and other services provided at or found within this site by redrawsounds.net and its affiliates are provided "as is" and "with all faults," without warranties of any kind, and redrawsounds.net and its affiliates hereby disclaim all warranties, express, implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. Specifically, but without limiting the generality of the foregoing, RedRawSounds.net does not make any warranties regarding the following: (a) availability of the site at any particular time; (b) accuracy of the content or how current any content is that is found on the site; (c) transmissions to, from or within the site; (d) functionality; (e) lack of viruses; (f) compliance of the software, services and content provided under this agreement with National laws; or (g) that the software, content or services contained in the site will meet any particular criteria of performance or quality.
13. Limitation of Damages
RedRawSounds.net will not be liable for any damages or injury that accompany or result from your use of any of its site. That is; In no event will RedRawSounds.net or any of its affiliates be liable for any consequential, indirect, incidental, or special damages whatsoever, including without limitation damages for loss of profits, business interruption, loss of or unauthorized access to information, and the like, even in the event of fault, tort, breach of contract, or breach of warranty, and even if RedRawSounds.net has been advised of the possibility of such damages.
These include (but are not limited to) damages or injury caused by any:
Use of (or inability to use) the site, use of (or inability to use) any site to which you hyperlink from our site, failure of our site to perform in the manner you expected or desired, error on our site, omission on our site, interruption of availability of our site, defect on our site, delay in operation or transmission of our site, computer virus or line failure.
Please note that we are not liable for any damages, including: damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury (known in legal terms as "consequential damages."), other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidential damages.")
Our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid, if anything, to access our site.
14. Limitation of Liability; Exclusive Remedy
Also, in no event will RedRawSounds.net or any of its affiliates be liable to you and/or any agency for any amount in excess of the total dollar amount actually received by RedRawSounds.net from you for access to the site and any of the services available at the site during the year prior to your claim.
15. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of RedRawSounds.net.
16. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
17. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
18. Termination
RedRawSounds.net may terminate this agreement, your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that RedRawSounds.net, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or RedRawSounds.net. RedRawSounds.net may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term.And RedRawSounds.net is entitled to terminate all or any part of any of its Web site without notice to you.
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all RedRawSounds.net Web site, along with all related documentation and all copies and installations. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you.
Applicable sections of this agreement will survive any termination or expiration of this Agreement.
19. Assignment
You agree not to assign your rights under this Agreement without the consent of an authorized representative of RedRawSounds.net in a non-electronic record, and any assignment without RedRawSounds.net's consent will be voidable at RedRawSounds.net's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
20. Applicable Law, Jurisdiction and Disputes
This Agreement shall be governed by, construed and enforced in accordance with the laws of England and Wales, without regard to principles of conflict of laws. If you use our site from locations outside of England and Wales, you are also responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate RedRawSounds.net and/or its affiliates' and/or any third party's intellectual property rights, RedRawSounds.net and/or its affiliates and/or any third partys may seek injunctive or other appropriate relief in any court in the UK, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Manchester. Any costs and fees other than legal fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Manchester. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
21. Amendments
RedRawSounds.net may change the provisions of this Agreement. When RedRawSounds.net changes the terms of this Agreement, RedRawSounds.net will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
22. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by RedRawSounds.net except in a signed, non-electronic writing signed by an authorized representative of RedRawSounds.net.
23. General
We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the RedRawSounds.net Web site means that you accept those changes.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and RedRawSounds.net or its affiliates as a result of this Agreement or your use of the Site.
RedRawSounds.net may modify the terms of use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.
Last Updated: February 15th 2009
