Tonebase reserves the right to make changes to the Website and to the Products and to modify these Terms at any time at its sole discretion. By your access to or use of the Website, you agree to abide by the Terms, including without limitation any changes or modifications.
Copyright and Trademark Information
Tonebase makes available to you the Website for you to gain information about and access to the Products. You are solely responsible for the information you provide to the Website and for the Products you select.
The content on the Website, such as text, graphics, logos, images, videos and software (the “Content”) as well as the compilation of the Content and the ‘look and feel’ of the Website is the property of Tonebase and/or its Affiliates or other content suppliers and is protected by copyright and trademark laws. The Website, the Content, the compilation of the Content or the “look and feel’ of the Website may not be reproduced, duplicated, copied, sold, published, visited or otherwise exploited without the prior written consent of Tonebase.
In the event you upload any content, including without limitation photographs, data, videos or software, to this Website, you hereby (i) represent and warrant to Tonebase and its Affiliates that you have all rights necessary to upload such content; (ii) agree to indemnify Tonebase and its Affiliates for any third party infringement claims related thereto; and (iii) grant to Tonebase a perpetual non-cancellable license to use such uploaded content for any purposes in any media now existing or hereafter developed.
License for Your Use
For any period of time that you use the Website and abide by the Terms, Tonebase grants to you a limited, revocable and nonexclusive license to access the Website for your use but not to copy, download or modify in any respect the Website or its Content or the Products, or any portion thereof, except with the express written consent of Tonebase. You may not utilize framing to enclose any trademark, logo, Content or other proprietary information contained on the Website without the express written consent of Tonebase. You may not use any meta tags or any other “hidden text” utilizing Tonebase or its Affiliates’ names or trademarks without the express written consent of Tonebase.
You agree to use the Website and the Products only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil or criminal liability. You agree not to disrupt, modify, or interfere with the Website, the Products or associated software, hardware and servers in any way and you agree not to impede or interfere with others’ access to and/or use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website or the Products that you have not entered.
Any unauthorized use or violation of the Terms automatically terminates the license granted by Tonebase to access and use the Website and the Products.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TONEBASE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, PRODUCTS, MATERIALS AND/OR CONTENT ON THE WEBSITE FOR ANY PURPOSE. BY YOUR ACCESS TO AND USE OF THE WEBSITE, PRODUCTS OR CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AND/OR ANY LINKS TO WEBSITES, THIRD PARTY WEBSITES OR ANY THIRD PARTY’S INFORMATION, PRODUCTS OR SERVICES AT YOUR OWN RISK. THE WEBSITE, PRODUCTS AND CONTENT ARE PROVIDED BY TONEBASE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TONEBASE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS, MATERIAL, CONTENT, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THE WEBSITE OR ON ANY OTHER WEBSITE, THIRD PARTY WEBSITE OR THIRD PARTYS’ INFORMATION, PRODUCTS OR SERVICES. TONEBASE DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR MESSAGES SENT FROM TONEBASE OR THE WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TONEBASE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE ACCESS TO AND/OR USE OF THE WEBSITE, CONTENT OR PRODUCTS OR ANY MATERIAL, THIRD PARTY MATERIAL, PRODUCT, SERVICE OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. TONEBASE IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE OR ANY CONTENT OR PRODUCTS DOWNLOADED THROUGH THE WEBSITE AND MAKES NO CLAIM THAT THE WEBSITE IS COMPATIBLE WITH ALL BROWSER SOFTWARE. TONEBASE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARDWARE OR SOFTWARE DAMAGE CAUSED THROUGH USAGE OF THE WEBSITE, CONTENT OR PRODUCTS, NOR IS IT RESPONSIBLE FOR THE SECURITY OF INFORMATION PASSED ELECTRONICALLY TO THE WEBSITE. IN ANY EVENT, TONEBASE’S LIABILITY IS LIMITED TO THE AMOUNT OF MONEY PAID BY YOU TO TONEBASE OR ITS AFFILIATES UNDER THE WEBSITE IN THE LAST SIX (6) MONTHS PRIOR TO THE CLAIM BECOMING KNOWN OR AS OTHERWISE PERMITTED BY APPLICABLE LAW.
THE INFORMATION CONTAINED ON THE WEBSITE AND IN ANY RESPONSES TO YOU ARE INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY, AND ARE NOT CONFIDENTIAL. ANY INFORMATION YOU PROVIDE YOU DO AT YOUR OWN RISK.
By accessing and visiting the Website, you agree that the Terms shall be governed and construed in accordance with the laws of Delaware, without regard to principles of conflict of law.
YOU AND ALL PARTIES TO THE TERMS AGREE TO ARBITRATE ANY CLAIM, DISPUTE, OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATING TO THE WEBSITE, CONTENT AND/OR PRODUCTS. BY AGREEING TO ARBITRATION, YOU AND ALL PARTIES UNDERSTAND AND AGREE THAT YOU AND THEY ARE WAIVING YOUR AND THEIR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE YOUR OR THEIR DISPUTES.
Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any user submitted information or other content or software on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
(iv) Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.