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Terms and Conditions of Use for the Audio Oracle web site and discussion forums.
Introduction
Thank you for your interest in using the Audio Oracle web site and discussion forums (the "Forums"). By using the Forums, you agree to be bound by the following terms and conditions. If you wish not to be bound by the following terms and conditions, your exclusive remedy is not to use the Forums.
Audio Oracle may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page, and you agree to be bound by these modifications or revisions. Although we will attempt to notify you via your email address when major changes are made, you should visit this page periodically to review the terms.
Use of Material
The contents within the Forums are protected by copyright and other laws in both the UK and United States and elsewhere. The Forums include both content owned or controlled by the Audio Oracle as well as content owned or controlled by third parties and others licensed to Audio Oracle (collectively, the "Materials").
You may not sell or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Audio Oracle.
If you would like information about obtaining Audio Oracle's permission to use any of the Material on your Web site, please send an e-mail to:
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Discussion forums
The Audio Oracle site contains certain discussion forums.
MUCH OF THE CONTENT OF THE DISCUSSION FORUMS (INCLUDING THE CONTENTS OF SPECIFIC POSTINGS) IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING IN THAT GROUP. AUDIO ORACLE DOES NOT MONITOR THE CONTENT OF THE DISCUSSION FORUMS AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT. INSTEAD, AUDIO ORACLE MERELY PROVIDES ACCESS TO SUCH CONTENT AS A SERVICE TO YOU.
By their very nature, discussion forums may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using discussion forums. If there is any information contained in the Audio Oracle forums which you believe to be inaccurate, false, offensive, or malicous, we ask you to contact the webmaster and administrator at
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immediately, in order we might deal with your complaint.
No Endorsement.
The owners of Audio Oracle, do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted in the discussion forums or endorse any opinions expressed in the discussion forums. You acknowledge that any reliance on material posted in the discussion forums will be at your own risk.
No Obligation to Monitor.
Audio Oracle does not control the information delivered to the discussion forums, and Audio Oracle has no obligation to monitor the discussion forums. However, Audio Oracle reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Audio Oracle's sole discretion.
Audio Oracle’s Rights.
If Audio Oracle discovers communications that allegedly do not conform to any term of this Agreement, Audio Oracle may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Audio Oracle will have no liability or responsibility for performance or non-performance of such activities. Audio Oracle reserves the right to terminate or restrict your access to any or all of the discussion forums at any time without notice for any reason whatsoever. You acknowledge that all discussion forums are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any discussion forum. Generally, any communication that you post to the Forums is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by Audio Oracle as confidential, that fact will be explicitly stated on those pages.
Audio Oracle does not disclose email addresses, personal information, nor makes this information available to others in compliance with the UK's Data Protection Act. Users of Audio Oracle may chose whether to disclose their own detail at registration, or amend such information at anytime. We direct you to our Privacy Statement contained in our Privacy Statement.
Users of Audio Oracle may also chose at registration, or at any other time, to subscribe to certain options such as Personal Messaging or direct email communications to another using the internal Audio Oracle email system. Such services disclose the users' email address to the recipient user. User options should be fully understood before such options are subscribed to by the user. Audio Oracle cannot be held responsible for disclosures of email addresses or other personal detail if the user freely subscribes to such user options.
Permitted Uses.
You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the discussion forums only to send and receive messages and material that are legal, proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
- Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
- Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file Posted by another user of a Forum that you know, or reasonably should know, that cannot be legally distributed in such manner.
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
- Restrict or inhibit any other user from using and enjoying the discussion forums.
License Grant
By posting communications on or through the Forums, you automatically grant Audio Oracle a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Copyright Infringement and Copyright Agent
Audio Oracle may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others.
Links to Other Sites
The Forums contain links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by Audio Oracle of the contents on such third-party Web sites. Audio Oracle is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
No Warranties
SOME OF THE MATERIAL ON THE SITE AND FORUMS IS PROVIDED BY THIRD PARTIES AND AUDIO ORACLE SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. THE FORUMS AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. AUDIO ORACLE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. AUDIO ORACLE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
AUDIO ORACLE DOES NOT WARRANT THAT THE FORUMS WILL OPERATE ERROR-FREE OR THAT THE SITE, THE FORUMS OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE, THE FORUMS OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AUDIO ORACLE IS NOT RESPONSIBLE FOR THOSE COSTS.
Limitation of Liability | Disclaimer of Damages
Your use of the Audio Oracle web site and Forums is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Audio Oracle web site or the Forums or with these Terms and Conditions, Audio Oracle's Privacy Policy, or other policies, your sole remedy is to discontinue visits to the Audio Oracle web site and discontinue your use of the Forums.
IN NO EVENT SHALL AUDIO ORACLE OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE FORUMS OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUDIO ORACLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify, and hold harmless Audio Oracle and its agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or posting of Material or your breach of the terms of this Agreement (a "Claim"). In the event a Claim is brought against Audio Oracle, Audio Oracle shall provide notice to you and shall have the right to retain counsel of its choosing to defend against such a Claim. You agree to reimburse Audio Oracle for any costs (including reasonable attorney fees) or damages awards incurred in association with such defense. Furthermore, you agree to cooperate in good faith to assist Audio Oracle in such defense and any settlement negotiations related thereto, and to reimburse Audio Oracle for reasonable settlement amounts if any.
General
Access to the Materials may not be legal by certain persons or in certain countries. If you access the Forums, you are responsible for compliance with the laws of your jurisdiction.
All legal issues arising from or related to the use of the Audio Oracle web site, the Forums, or commercial dealings with Audio Oracle shall be construed in accordance with and determined by UK Laws. By using this service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this service is by the relevant Acts of Parliament of the United Kingdom. You hereby accept and submit to the jurisdiction of the UK courts and its related Acts and court rulings. In any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" on particular web pages, this agreement and its referenced parts constitutes the entire agreement between you and Audio Oracle with respect to the use of the web site, the Forums, software purchased from Audio Oracle, or commercial dealings with Audio Oracle.
Changes to our Terms and Conditions
Audio Oracle web sites and Forums reserves the right to amend or update these Terms and Conditions as and when it sees suitable or fit. Therefore, these Terms and Conditions may vary as a result. We strongly recommend that users or visitors to the Audio Oracle web site and Forums give regard, observation and consideration to these Terms and Conditions regularly.
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