PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
The following are terms of a legal agreement, together with all updates, additional terms and all of Sound Load Music's rules and policies (collectively the "Agreement") between you and TreyKo Media Marketing, LLC., d/b/a Sound Load Music ("Sound Load Music", "we", "us" or "our"). These terms and conditions apply to a user ("user," "you," or "your") who accesses, browses and/or otherwise uses this website ("Site") and/or the services provided by this Site ("Services"). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all of Sound Load Music's rules and policies, including the Privacy Policy, and all applicable laws and regulations. This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately, or if for any reason you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. Please read this Agreement carefully as it governs your use of the Services and this Site. If you have any questions regarding this Agreement, or any agreement or document herein incorporated, please contact Sound Load Music at trey@soundloadmusic.com. This Agreement applies to your access to, and browsing and/or use of, this Site and the Services and does not alter in any way the terms and conditions of any other agreement you may have with Sound Load Music for products, software, services or otherwise, unless otherwise directed by Sound Load Music. 1. Registration. Sound Load Music may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which is hereby incorporated by reference, as it describes the personally identifiable information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. You agree to provide accurate, current, and complete information required to register with the Services and at other points as may be required in the course of using the Site and Services. You further agree to maintain and update your account information as required to keep it accurate, current, and complete. Sound Load Music may terminate your rights to any or all of the Site and Services if any information you provide is false, inaccurate or incomplete. You agree that Sound Load Music may store and use the account information you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit card account. 2. Website Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Site (collectively, the "Content"), are the sole responsibility of the person from whom such Content originated. You understand that Sound Load Music does not control, and is not responsible for Content made available through this Site, and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Sound Load Music be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via this Site. Content types (including genres, sub-genres and the like) and descriptions are provided for convenience, and you acknowledge and agree that Sound Load Music does not guarantee their accuracy. 3. User Content. Sound Load Music does not claim ownership of the Content you provide to Sound Load Music (including feedback and suggestions) or post, upload, input or submit to the Site. However, by posting, uploading, inputting, providing or submitting your Content, you are granting Sound Load Music and its licensors a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple tiers) right to use your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; publish your name in connection with your Content; and sublicense any such rights. No compensation will be paid with respect to the use of your Content, except as agreed to otherwise in writing. Sound Load Music is under no obligation to post or use any Content you may provide, and Sound Load Music may remove any Content at any time in its sole discretion. By submitting Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content. Further, you acknowledge, consent and agree that Sound Load Music may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce this Agreement and any documents incorporated herein, (c) respond to claims that any Content violates the rights of third parties, (d) respond to requests for customer service, or (e) protect the rights, property or personal safety of Sound Load Music, its users, and the public. You understand that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. 4. System Requirements. Use of the Services requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Site or the Services involves hardware, software, and Internet access, your ability to use the Site or the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Site or the Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site or the Services. 5. Intellectual Property. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files, including without limitation, the selection, sequence, 'look and feel' and arrangement thereof (the "Materials") are copyrighted Materials, ALL RIGHTS RESERVED. THE USE OF THE MATERIALS OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT Sound Load Music, the Sound Load Music logo, the slogan 'Artists Fans Downloads' and other Sound Load Music trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of TreyKo Media Marketing, LLC.. in the U.S. and/or other countries (the "Sound Load Music Marks"). Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners (the "Third Party Marks"). The terms "Sound Load Music Marks" and "Third Party Marks" are collectively referred to as the "Marks". In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of Sound Load Music or the owner of the Mark(s) at issue. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Marks used or displayed on the Site, without the express written permission of Sound Load Music or the owner of the Mark(s) at issue. The misuse of the Marks displayed on this Site is strictly prohibited. The term "Materials" includes "Marks" as well. This Site, the Materials, the Marks, the Services, including, without limitation, any of Sound Load Music's or its licensor's Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of the Sound Load Music, its suppliers or other third parties. Any Materials that are made available to download from this Site are the copyrighted work of Sound Load Music and/or its or suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited. 6. Rules of Conduct. You acknowledge and agree that your use of the Services and Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You acknowledge and agree that you do not acquire any ownership rights by using the Site, the Services, the Marks or the Materials. You shall not, allow, or enable others to: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use, or otherwise, without the prior written approval of Sound Load Music, (c) "frame" or "mirror" any Materials contained on this Site on any other server without the prior written permission from Sound Load Music, (d) permit other individuals or companies to use the Services and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this Site, Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, (g) delete or write over any portion of any software relating in any manner to the Site or the Services, (h) provide, post, upload, input or submit libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, (i) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing", (j) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or (k) forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason. You also agree that you shall only use this Site, the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that your use of this Site, the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of this Site and the Services shall not violate or infringe the rights of any third party. Any forbidden use shall immediately and automatically terminate your license to use the Services and the Materials without notice. Any unauthorized use of the Services, the Marks and/or the Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Sound Load Music reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services. 7. Monitoring the Site. Sound Load Music has the right, but not the obligation, to monitor this Site, and Sound Load Music as a general practice does not monitor this Site or any Content posted hereon or otherwise submitted hereto. Notwithstanding the foregoing, Sound Load Music reserves the right, but not the obligation, to refuse to post or to remove any Content, or any information or materials from any portion of this Site, in whole or in part, that, in Sound Load Music's sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement. You acknowledge that Sound Load Music may establish general practices and limits concerning use of this Site, including without limitation, limiting the maximum number of days that message board postings or other uploaded Content will be retained by this Site, the maximum disk space that will be allotted on Sound Load Music servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) you may access this Site in a given period of time. You agree that Sound Load Music has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over this Site, or (d) other Content maintained or transmitted by this Site. Please remember that this Site and any chat rooms, message boards, or other such forums or communities are merely provided as venues for users to upload, use, exchange and edit Content. Sound Load Music is not responsible for any user's Content that may appear on this Site; nor is Sound Load Music responsible for or involved in reviewing, editing, or removing any Content on this Site. Sound Load Music also does not have any control over and does not guarantee the quality, applicability or accuracy of any Content. Sound Load Music does not assume any liability associated with a user's use of the Services, the Materials, or this Site, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any Content. Please make sure that the Content you provide conforms to all applicable intellectual property right laws. 8. Hyperlinks. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, Sound Load Music, or any of Sound Load Music's subsidiaries, affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. Sound Load Music does not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, whether the Site's or Sound Load Music's logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability. 9. Agreement to Pay. All fees shall be at the then current prices. Upon registering for use of the Services or purchase of products, merchandise or goods, you must choose to pay either by redemption of credits from a Sound Load Music Card, redemption of credits from your Sound Load Music account, or by direct charge to a credit or a debit card, and, in doing so, you authorize Sound Load Music to reduce credits from your Sound Load Music Card or Sound Load Music account, or to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Sound Load Music of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Sound Load Music from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by Sound Load Music. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed, other than taxes based on Sound Load Music's net income. Prices and availability of any Services, products, merchandise or goods are subject to change at any time. Sound Load Music reserves the right to change prices for Services, products, merchandise, or goods offered at the Site at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. PLEASE NOTE: We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit card issues please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card. 10. Electronic Signatures and Contracts. Your use of the Services includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. 11. Delivery of Products. Any products, merchandise, or goods that are purchased from this Site are made according to a shipment contract whereby risk of loss and title for such products, merchandise, or goods is passed to you upon delivery by Sound Load Music (or any agent, subcontractor, or other third party working on behalf of Sound Load Music) to its carrier. While Sound Load Music and its affiliates strive to be as accurate as possible, Sound Load Music and its affiliates do not warrant that product descriptions or other related content are accurate, complete, reliable, current, or error-free. 12. Sound Load Music Cards. Sound Load Music Cards, regardless of where purchased or acquired, are for purchases on the Site only. The term "Sound Load Music Cards" means customizable cards (physical and online) that provide you with credits redeemable on the Site. Sound Load Music Cards may not be redeemed for cash. 13. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Sound Load Music is done so at your own risk. 14. Deactivation or Termination. You may deactivate your account on the Site, at any time and for any reason, by accessing your account online and updating your preferences. Sound Load Music may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. 15. DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL SERVICES, MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Content and Materials associated with your use of the Site. IN NO CASE SHALL SOUND LOAD MUSIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DISCREVOLT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT. 16. Indemnification and Release. By using the Services you agree to indemnify, defend and hold the Site, Sound Load Music, or Sound Load Music's subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any Content or materials you submit or transmit to this Site, or to other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Site and any Services. In addition, if you have a dispute with one or more users, you agree to release Sound Load Music (and its officers, directors, agents, assigns, and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in connection with, any such disputes. Sound Load Music reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Sound Load Music in the defense of any such claim, action, settlement or compromise negotiations, as requested by Sound Load Music. 17. Privacy. We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site. 18. Advertising. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). 19. Contests, Sweepstakes, Auctions and Promotions. From time to time, Sound Load Music, or the Site's operational service providers, suppliers, and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement. 20. Territory. The Services is currently available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Services from outside of the available territory, and that Sound Load Music may use technologies to verify your compliance. 21. Copyright Infringement. If you believe that the Site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. Written notification must be submitted to the following Designated Agent: Services Provider: TreyKo Media Marketing, LLC. Name of Agent Designated to Receive Notification of Claimed Infringement: Trey Wilson Full Address of Designated Agent to Which Notification Should be Sent: 116 Hall Hill Court, Enterprise, AL 36330 Telephone Number of Designated Agent: (334) 333-1516 Facsimile Number of Designated Agent: (334) 333-2705 Email Address of Designated Agent: Trey@soundloadmusic.com Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: (1)An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2)Identification of the copyrighted work (or works) that you claim has been infringed; (3)A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); (4)A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5)Your name, address, telephone number, and e-mail address; (6)A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7)A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 22. Force Majeure. Sound Load Music shall not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site. 23. Notices. All Notices permitted or required under this Agreement shall be in writing and shall be delivered as follows (i) by email, (ii) by U.S. Mail, (iii) by facsimile transmission, or (iv) by a posting on the Site. Notices shall become effective immediately. 24. Modification. Sound Load Music may revise this Agreement at any time without notice by updating this posting. By accessing, browsing and/or otherwise using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. Any new Materials, Content, Services or features on this Site shall be subject to this Agreement. 25. Assignment. Sound Load Music may freely assign this Agreement without your prior consent and all of Sound Load Music's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. You may not assign this agreement without the prior written consent of Sound Load Music, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns 26. Governing Law. This Agreement shall be construed under the internal laws of the State of Alabama applicable to agreements to be performed wholly therein without regard to conflict of law principles, and both parties agree that only the Alabama Courts shall have jurisdiction over this Agreement and any controversies arising out of this Agreement shall be brought by the parties to the state or federal courts of the State of Alabama, County of Coffee, and they hereby grant sole and exclusive jurisdiction to such court(s) and to any appellate courts having jurisdiction over appeals from such court(s). 27. General. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter. You may be subject to additional terms and conditions that may apply when you use affiliated services or third-party content. By agreeing to the terms set forth in this Agreement, you agree to waive any right you may have to a jury trial and/or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. There are no third party beneficiaries to this Agreement. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions. The failure of Sound Load Music to require performance of you of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Sound Load Music of a breach of any provision hereof be taken or held to be a waiver of the provision itself. The current version of this Agreement is dated November 21, 2006 and is effective immediately. TreyKo Media Marketing, LLC., d/b/a Sound Load Music, ("Sound Load Music") is committed to maintaining your trust and confidence. This online Privacy Policy is intended to protect and secure the personally identifiable information (any information by which you can be identified) you provide to Sound Load Music through this website (the "Site"). We do not collect and keep any personal information online from you unless you volunteer it and you are 13 or older. If you are not yet 13 years old please discontinue using the Site immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, activities and services that require you to provide any personally identifiable information. This online Privacy Policy is intended to explain our privacy practices and inform you of the way your information is collected and used, the circumstances under which we disclose personal information to third parties, how you can access, update or delete any personal information collected about you by us, and to make you aware of our security practices. Please note that the use of information that we gather is subject to the Privacy Policy in effect at the time of use. You should check this Site frequently to see recent changes in this Site's Privacy Policy and its Terms of Use. What Information Is Collected? There are a number of situations in which your personally identifiable information may help us give you better service. For example we may ask for your personally identifiably information when you sign up for an account, when you conduct a search on this Site, place an order for products, complete a survey or an entry form for sweepstakes or contests, refer a friend and participate in forums and chat rooms or other Site features. We may also ask you to voluntarily provide us with information regarding, for example, your personal or professional interests, occupation, demographics, experiences with the services we provide and contact preferences. Sound Load Music doesn't require anyone to share any personal information about themselves in order to enjoy our website. That means you can visit our site without any need to login with us. However, our site may contain special sections and privileges for those that login. We do not collect any personal information from you online unless it is voluntarily provided, for instance signing up for an account, completing our online surveys or requesting information. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address, and, in the case of online purchase, credit card number and expiration date. In order to continuously improve our service to you and tailor our future communications to you, we may also ask you to provide us with information regarding your demographics, comments, personal interests, and contact preferences. From time-to-time our site requests information from users through surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address), and demographic information (such as zip code and age level). If a user elects to use our referral service for informing a friend about our site or to send site content, we ask them for the friend's name and e-mail address. Sound Load Music will automatically send the friend a one-time e-mail inviting them to visit the site. If you use a bulletin board or chat room on the Site you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. Sound Load Music is not responsible for the personally identifiable information you choose to submit in these forums. How The Information Is Used. Sound Load Music uses your information to understand your needs and provide you with better online services. We use the personal information we collect for a variety of reasons. For instance, we may use your information to fulfill a product order, complete a request for information, or personalize the website for you. Occasionally, we might also email you to provide information on upcoming events, website updates and promotions. You can elect not to receive this information when you register. If you want to stop receiving such updates at any time, you can access your account online and update your preferences. Our emails will also include information allowing you to ask not to receive such information in the future. What Information Is Disclosed? Sound Load Music currently does not disclose to third parties personally identifiable information that you provide, except from time to time, we may transfer, disclose or share such information with third parties who may be engaged by us specifically to handle and deliver certain online activities or provide products and services to you on our behalf. These third parties may help us send electronic newsletters, process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, handle credit card processing, conduct customer research or satisfaction surveys. Such third parties have access to personal information needed to perform their functions, but may not use it for other purposes. Additionally, in the event that all or substantially all of the assets relating to Sound Load Music are transferred or sold to another entity, personally identifiable information submitted to us may be transferred to the acquiring entity. Finally, we may also disclose personally identifiable information to third parties in order to comply with law or requests by law enforcement agencies or to protect the rights, property or safety of our website, users of our website and others, or other issues of public importance. Cookies and Log Data. A cookie is a piece of data stored on the user's hard drive containing information about the user. A cookie is used to remember your log-in information when you revisit our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user may be limited in some areas of our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Even though a cookie is stored on the user's hard drive. Some of our partners may use cookies on our site. However, we have no access to or control over these cookies. These cookies are subject to the privacy policies of our partners. As is true for most website, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browsers type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, administer the Site, track user's movement, and gather broad demographic information for aggregate use. Sound Load Music may also use a pixel tag (also called Web beacons) in some of our emails, which is linked to content on the Site. When a customer clicks on one of these pixel tags we are able to determine whether you have opened, or acted upon, a promotional email and which links you have clicked on in order to deliver to you more focused emails communications and other information, allows us to count the number of users who have visited certain website pages, and enables us to compile aggregated statistics and determine the efficacy of promotions by using such pixel tags from third parties, without allowing such third parties to use such pixel tags to collect or access your personal information. In addition we may use a "click-through URL" linked to content on the Site. When a customer clicks one of these URLs, they pass though our web server before arriving at a destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email. Links to Outside Websites. The Sound Load Music website links to third party websites and documents located on websites maintained by other organizations or individuals. Once you access a link to another website, please be aware that Sound Load Music is not responsible for the privacy practices or the content of such websites. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites. Updating Preferences and Opting-Out. To update your contact information, change your mail or email preferences on how we contact you, or instruct us not to share your information with a third party, you can access your account online if you have an online account with us. Please remember that it may take time for all of our systems to be updated. To opt-out of receiving electronic newsletters, emails or other offers and services from Sound Load Music at any time, follow the instructions in the email or access your account online and update your preferences. Children. Sound Load Music does not knowingly collect and keep personal information online from children under the age of 13, except in limited circumstances authorized by law and described in this Privacy Policy. Security. Sound Load Music has taken steps to safeguard your personally identifiable information collected through the Site against loss, theft, misuses, unauthorized access, disclosure, alteration and destruction. When users submit sensitive information through the Sound Load Music website, your information is protected both online and off-line. When making a purchase on the Site, your sensitive information (such as a credit card number) that is entered is protected using Secure Socket Layer (SSL) encryption. In order to utilize this security measure you must use an SSL-enabled browser such as Safari, Firefox, Netscape Navigator or Microsoft Internet Explorer. While we use SSL encryption to protect sensitive information on-line, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only people who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Anytime new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Contacting Us. If you have any questions, comments or concerns regarding Sound Load Music's Privacy Policy and/or practices, please contact us at: Sound Load Music 116 Hall Hill Court, Enterprise, AL 36330 Attn: Privacy Coordinator Email: privacy@soundloadmusic.com Disputes. Any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitation on damages and application of the law of the State of Georgia. If you have any concern about your privacy in connection with this policy, please send a thorough description to privacy@soundloadmusic.com, and we will do our best to resolve it. Updates. Sound Load Music may update its Privacy Policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated Privacy Policy. The current version of this Privacy Policy is dated November 21, 2006 and is effective immediately. |