main | personnel | contact Copyright & Conditions of Use   Definitions Aural Dynamics is the interactive on-line service operated by non-compensated contributors on the World Wide Web of the Internet, consisting of information services and content provided by Aural Dynamics, affiliates of Aural Dynamics and other third parties. "User" means each person who establishes or accesses a connection ("Account") for access to and use of Aural Dynamics. Terms and Conditions Aural Dynamics maintains this site (the "Site") for your information, education, communication and personal enjoyment. Access to and use of this Site are subject to the terms and conditions set forth below. Permission To Use The server or servers ("Server") on which Aural Dynamics content is located contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Aural Dynamics are copyrighted as a collective work under the United Kingdom and foreign copyright laws. Aural Dynamics owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The User may download copyrighted material for the User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Aural Dynamics and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. Use for any unauthorized purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of this web site. Elements of this web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image related to the design of the Site may be copied or retransmitted unless expressly permitted by Aural Dynamics. Conduct The User shall use Aural Dynamics for lawful purposes only. The User shall not post or transmit through Aural Dynamics any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Aural Dynamics's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Aural Dynamics's discretion restricts or inhibits any other User from using or enjoying Aural Dynamics will not be permitted. The User shall not use Aural Dynamics to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Aural Dynamics. Disclaimer While Aural Dynamics uses reasonable efforts to include accurate and up-to-date information on this web site, Aural Dynamics makes no warranties or representations as to its accuracy. Aural Dynamics assumes no liability or responsibility for any typographical or other errors or omissions in the content on this site. Aural Dynamics shall have the right at any time to change or discontinue any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Limitation of Liability AURAL DYNAMICS AND/OR ITS RESPECTIVE CONTENT SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CONTENT PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF THEIR USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL AURAL DYNAMICS AND/OR ITS RESPECTIVE CONTENT SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF Aural Dynamics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER SPECIFICALLY ACKNOWLEDGES THAT Aural Dynamics IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. Monitoring Aural Dynamics shall have the right, but not the obligation, to monitor the content of Aural Dynamics, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by Aural Dynamics and to satisfy any law, regulation or authorized government request. Aural Dynamics shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Aural Dynamics. Without limiting the foregoing, Aural Dynamics shall have the right to remove any material that Aural Dynamics, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Intellectual Property Any materials, communications or information ("Information") sent to this Site outside of a specific established business relationship, or to Aural Dynamics via unsolicited means will be deemed NOT CONFIDENTIAL and NONPROPRIETARY and will become the property of Aural Dynamics. Aural Dynamics may use such Information for any purpose whatsoever, including but not limited to use of any ideas, concepts, know-how or techniques contained in the Information. Aural Dynamics may reproduce, display, transmit, perform, publish and broadcast the Information at any time and in any media. Any Information downloaded, displayed, retrieved, or transferred by any means from the non-public portions of this Site (the portions that require access via a specially permitted account with this Site) are considered the proprietary, private, and confidential property of Aural Dynamics, and shall not be used for any purpose other than the personal enjoyment of the user, nor shall any such Information be transferred to another party without the written permission of Aural Dynamics. Copyrights and Copyright Agent Aural Dynamics respects the rights of all copyright holders and in this regard, Aural Dynamics has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and Account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Aural Dynamics' Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of 1998: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright 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; 3. 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 us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party; 5. A statement that the complaining party has 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; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Trademarks The trademarks, service marks, trade names, logos and other indications of origin displayed in this Site ("Trademarks") are owned by Aural Dynamics or a third party who has granted Aural Dynamics a right to use them in this Site, or are being used in compliance of the Online Copyright Infringement Liability Limitation Act of 1998. Nothing contained herein should be construed as granting the User of this Site the right to use any Trademark displayed in this site without the written permission of the owner of the Trademark. Aural Dynamicsand the names of Aural Dynamics character mascots referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of Aural Dynamics. Other product, property and company names mentioned herein may be trademarks and/or service marks of their respective owners. Third Party Content Aural Dynamics is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Aural Dynamics has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Aural Dynamics, are those of the respective author(s) or distributor(s) and not of Aural Dynamics. Neither Aural Dynamics nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Aural Dynamics represents the opinions and judgments of the respective information provider, the User, or other user not under contract with Aural Dynamics. Aural Dynamics neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Aural Dynamics by anyone other than authorized Aural Dynamics spokespersons while acting in their spokesperson capacities. Under no circumstances will Aural Dynamics be liable for any loss or damage caused by a User's reliance on information obtained through Aural Dynamics. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Aural Dynamics. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Links to Third-Party Sites Aural Dynamics makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Aural Dynamics web site, even one that may contain the Aural Dynamics logo, please understand that it is independent from Aural Dynamics, and that Aural Dynamics has no control over the content on that web site. In addition, a link to a non-Aural Dynamics web site does not mean that Aural Dynamics endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. LINKED SITES ARE NOT UNDER THE CONTROL OF Aural Dynamics AND Aural Dynamics IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. Aural Dynamics PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Aural Dynamics OF THE SITE. Indemnification The User agrees to defend, indemnify and hold harmless Aural Dynamics, its affiliates and their respective contributors and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Aural Dynamics by the User or the User's Account. International Operation and External Representation Information Aural Dynamics publishes on the World Wide Web may contain references or cross references to products, programs and services that are not announced or available in your area, or may not be available to certain individuals at all. Aural Dynamics does not sell, barter, broker, furnish, or any way supply the products, programs and services routinely referenced on this Site. Aural Dynamics is not a representative or agent for any other entities or organizations referenced on this Site. The users' relationship and transactions with entities external to Aural Dynamics are solely their own. Ongoing Modification Aural Dynamics may, from time to time, revise and modify the Site Terms and Conditions. You agree that your continued access and use of this Site shall bind you to any new terms or conditions. Contact Us If you have any questions or concerns about this Legal Notice, please contact us.
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