Freestyle Audio Legal Information:
This website, including any subsite
accessible through the homepage (the "Site"), is published and
maintained by subsidiaries, affiliates, and/or related entities of
Freestyle Audio LLC. Please note that when you enter any subsite
accessible through this homepage or the shopping page, such subsite may
have its own terms and conditions of use which are specific to such
subsite. When you access, browse, or use this Site you accept, without
limitation or qualification, the terms and conditions set forth below
and any additional terms and conditions of use set forth in any
subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute,
exchange, modify, sell, or transmit anything you copy from this Site,
including but not limited to any text, images, audio, and video, for
any business, commercial, or public purpose. As long as you comply with
the terms of these Terms and Conditions of Use, Freestyle Audio grants
you a non-exclusive, non-transferable, limited right to enter, display,
and use this Site. You agree not to interrupt or attempt to interrupt
the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images,
software, text, and video clips (the "Content"), are protected by
copyright under U.S. copyright law, international conventions, and
other copyright laws. You cannot use the Content, except as specified
herein. You agree to follow all instructions on this Site limiting the
way you may use the Content. There are a number of proprietary logos,
service marks, and trademarks found on this Site. By making them
available on this Site, Freestyle Audio is not granting you any license
to utilize those proprietary logos, service marks, or trademarks. Any
unauthorized use of the Content may violate copyright laws, trademark
laws, the laws of privacy and publicity, and civil and criminal
statutes.
You may download one (1) copy only of the Content to be used only by
you for your personal use at home, unless the subsite you are accessing
states that you may not. If you download any Content from this Site,
you may not remove any copyright or trademark notices or other notices
that go with it.
Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material
This website may have an area which allows you to "chat" or upload and
download materials. When using any of these areas, you agree not to
post, send, transmit, upload, or otherwise publish through this Site,
any materials that (1) interfere with anyone else's use of the Site;
(2) are abusive, illegal, indecent, obscene, offensive, or threatening
in any way; (3) encourage anyone to break the law; (4) violate anyone's
copyright or other property right; (5) interfere with the privacy of
any other user; (6) contain a virus or any other harmful component; or
(7) contain false or misleading statements of fact or descriptions of
the origin of the material or the communication. You agree to comply
with any additional terms which are referred to on this Site or any
subsite within the website.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory,
libelous, obscene, pornographic, profane, threatening, or unlawful
material or any material that could constitute or encourage conduct
that would be considered a criminal offense or give rise to civil
liability, or otherwise violate any law. Although Freestyle Audio may
from time to time monitor or review bulletin boards, chatrooms,
discussions, postings, transmissions, and the like on the Site,
Freestyle Audio is under no obligation to do so and assumes no
liability or responsibility arising from the contents of any such
communications or for any defamation, error, inaccuracy, libel,
obscenity, or profanity contained in any such communication. Freestyle
Audio may change, edit, or remove any user material or conversations
that are illegal, indecent, obscene, or offensive, or that violate
Freestyle Audio's policies in any way. Freestyle Audio will fully
cooperate with any law enforcement authorities or court order
requesting or directing Freestyle Audio to disclose the identity of
anyone posting such materials.
Freestyle Audio's Rights to User's Material
If you send any communications or materials to the Site by electronic
mail or otherwise, including any comments, data, questions,
suggestions, or the like, all such communications are, and will be
treated as, non-confidential and non-proprietary. Thus, you give up any
claim that any use of such material violates any of your rights
including moral rights, privacy rights, proprietary or other property
rights, publicity rights, rights to credit for material or ideas, or
any other right, including the right to approve the way Freestyle Audio
uses such material.
Any material submitted to this Site may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published, sold,
transmitted, or used by Sony anywhere in the world, in any medium,
forever. Furthermore, Freestyle Audio is free to use, without any
compensation to you, any concepts, ideas, know-how, or techniques
contained in any communication you send to the Site for any purpose
whatsoever, including but not limited to developing, manufacturing, and
marketing products using such information. However, you agree and
understand that Freestyle Audio is not obligated to use any such ideas
or materials, and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You
understand that any message or information you send to this Site may be
read or intercepted by others, unless there is a special notice that a
particular message (for example, credit card information) is encrypted
(sent in code). Sending a message to Freestyle Audio does not cause
Freestyle Audio to have any special responsibility to you.
Links
This website may contain links to other Internet sites on the World
Wide Web. Freestyle provides such links for your convenience only, and
is not responsible for the content of any website linked to or from
this Site. Links from this Site to any other website do not mean that
Freestyle Audio approves of, endorses, or recommends that website.
Freestyle Audio disclaims all warranties, express or implied, as to the
accuracy, legality, reliability, or validity of any content on any
other website.
Contests
This Site may contain contests that offer prizes or that require you to
send in material or information about yourself. Each contest has its
own rules, which you must read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
- E-mail the Site, or ask us to e-mail anything to you
- Send in any information
- Enter any contest or game that requires information about you or offers a prize
- Join any club or group
- Post any information on any bulletin board or enter any chatroom or
- Buy anything online
Availability of Products and Services
The products and services displayed on the Site may not be available
for purchase in your particular country or locality. The reference to
such products and services on the Site does not imply or warrant that
these products or services will be available at any time in your
particular location. You should check with your local Freestyle Audio
authorized representative for the availability of specific products and
services in your area.
Freestyle Audio's Right to Change These Terms and Conditions of Use or Content on the Site
Freestyle Audio may add to, change, or remove any part of these Terms
and Conditions of Use at any time, without notice. Any changes to these
Terms and Conditions of Use or any terms posted on this Site apply as
soon as they are posted. By continuing to use this Site after any
changes are posted, you are indicating your acceptance of those
changes. Sony may add, change, discontinue, remove, or suspend any
other Content posted on this Site, including features and
specifications of products described or depicted on the Site,
temporarily or permanently, at any time, without notice and without
liability.
Indemnification
You agree to indemnify, defend, and hold Freestyle Audio and all of its
agents, directors, employees, information providers, licensors and
licensees, officers, and parent (collectively, "Indemnified Parties"),
harmless from and against any and all liability and costs (including,
without limitation, attorneys' fees and costs), incurred by the
Indemnified Parties in connection with any claim arising out of any
breach by you of these Terms and Conditions of Use or the foregoing
representations, warranties, and covenants. You will cooperate as fully
as reasonably required in Freestyle Audio's defense of any claim.
Freestyle Audio reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter
without the written consent of Freestyle Audio.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL
CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE)
IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH
REGARD TO THE CONTENT ON THIS SITE, FREESTYLE AUDIO MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE
ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE
SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF
VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO
YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE,
DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY'S NEGLIGENCE,
SHALL FREESTYLE AUDIO BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE
USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE
CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF SONY OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FREESTYLE AUDIO’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE
OR OTHERWISE) EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on
this Site together constitute the entire agreement between Freestyle
Audio and you with respect to your use of this Site. Any cause of
action you may have with respect to your use of this Site must be
commenced within one (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any
provision of these Terms and Conditions of Use, or portion thereof, to
be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of this agreement, and
the remainder of these Terms and Conditions of Use shall continue in
full force and effect. These Terms and Conditions of Use shall be
governed by and construed in accordance with the laws of the State of
New York, United States of America, without reference to its conflicts
of law rules.
Consent to Processing
By providing any personal information to Freestyle Audio’s website, all
users, including without limitation users in the member states of the
European Union, fully understand and unambiguously consent to the
collection and processing of such information in the United States of
America.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information
collected while it is in place. Freestyle Audio reserves the right to
change this policy at any time, so please re-visit this page as often
as you wish. In case of any material change, we will make a notation
near the "Privacy Policy" link on the home page of our Site. Changes to
this privacy policy are effective at the time they are posted to this
Site, and your continued use of this Site after posting will constitute
acceptance of, and agreement to be bound by, those changes.