SONECAST TERMS OF SERVICE Purplemeteor.com
ACCEPTANCE OF SERVICE
Sonecast, Inc. provides its Purple Meteor service (”Service”) to you subject to these Terms of Service (”TOS”). If Sonecast determines, in its sole and absolute discretion, that you are in violation of the TOS, Sonecast retains the right to terminate your account or disallow your usage of the Service without prior notice at any time. This TOS may be changed at any time without notice.
GENERAL CONDUCT
You agree that you will not post or upload any content that is abusive, unlawful, obscene, libelous, or otherwise objectionable; impersonate any person or entity; post or upload any content that you do not have a right to post; post or upload any content that infringes any copyright, patent, trademark, trade secret, or other intellectual property rights; post or upload any material that contains software viruses or any other computer files or programs designed to adversely affect any computer system; make automated use of the system in a harmful way; interfere with or disrupt the Service or networks connected to the Service or disobey any policies or regulations of networks used by the Service; violate any applicable local, state, national or international law or any regulations having the force of law; harass another person or entity; collect or store personal data about other users for business purposes outside of the Service; promote physical harm or injury against any government, group, individual, or minor individual. You are not permitted to use the Service if you are under 13 years of age.
CONTENT
Sonecast does not control content posted via the Service and, as such, does not guarantee the validity of such content. You understand that all content, including without limitation, all information, data, text, software, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. Should any content be found to be in violation this TOS it will be Sonecast’s sole discretion as to what action should be taken with regard to the content.
INDEMNIFICATION
By your use of the service you agree to indemnify and hold Sonecast and its officers, agents, partners, employees, and other associates harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party arising out your use of the Service, your violation of the TOS, content posted via the Service, your connection to the Service, or your violation of any rights of another person or entity, regardless of whether you are a registered user or visitor.
PROPRIETARY RIGHTS
Sonecast will not access or use any of your identifiable data or content for its own purposes. Sonecast may use aggregated anonymous data to evaluate its internal systems and processes. You also give Sonecast and its service providers permission to copy your content and as part of backup and archival processes.
You acknowledge and agree that Sonecast retains exclusive ownership of the Service software, trademarks, trademarks, patents and other proprietary rights. You agree not to modify, reverse engineer, rent, lease, loan, sell, distribute, or create derivative works based on the Service except as authorized by Sonecast.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT:
(I) SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SONECAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(II) SONECAST MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(III) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(IV) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONECAST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
IN NO EVENT SHALL SONECAST BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
MISCELLANEOUS
This TOS constitutes the entire agreement between you and Sonecast with respect to your access and use of the Service, superceding all prior agreements whether oral, written or electronic. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the other provisions of such sections remain in full force and effect. No waiver of any breach of any provision of this TOS shall constitute a waiver of any other breach and no waiver shall exist unless made in writing. This TOS is to be interpreted under the laws of the State of North Carolina without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the federal and state courts located in the State of North Carolina.
ver. 05.21.09r
Sonecast, Inc.
PO Box 326
Chapel Hill NC 27514
(919) 883-4219