Last Updated: October 10th, 2022
Sound Nightclub (the “Website”) to demonstrate our firm commitment to protecting your
Policy does not apply to any information that you provide to third parties, and you should contact
such third parties directly to determine their respective privacy policies.
INFORMATION WE COLLECT FROM YOU
Types of Information Collected
In order to operate the Website and provide you with access to certain services that we offer
through the site, we collect the following types of information from you: (i) personal information
by which you may be identified, such as your name, postal address, email address, date of birth,
gender, telephone numbers, passwords, credit and debit card information and other financial
institution account information (“Personal Information”) and (ii) information about you and your
activities on the Website that does not identify you personally, such as your Internet Protocol
(IP) address, domain server, the type of computer, web browser, operating system or platform
you use and referrer data identifying the web pages you visited prior to and after visiting our
Website (“Website Usage Information”).
Collection and Use of Information
We collect your Personal Information when you provide it to us while visiting the Website, such
as when you create an account, purchase our products, enter a sweepstakes, contest, or
promotion, sign up for our mailing list, post comments on the Website’s blog space, request
information or otherwise interact with this Website.
The Personal Information we collect is used to: (i) respond to your requests and inquiries; (ii)
process your transactions for administrative purposes, such as order fulfillment and conducting
contests, sweepstakes or promotions and awarding prizes; (iii) provide customer service and
resolve any complaints; (iv) improve the Website, any services provided through the Website
and resolve any related technical problems; (v) keep track of your activities on the Website,
statistically analyze Website usage and improve our marketing and promotional efforts; (vi)
communicate with you regarding certain products, services or promotions offered by us or our
Partners, provided that you have not already opted-out of receiving such communications in the
manner described below; (vii) cross reference with other Personal Information that we have
acquired about you or may acquire about you though our other sources; (viii) ensure compliance
Website Usage Information is tracked and gathered when you visit the Website, and your web
browser or software communicates certain information to the Website. We use this information
to generate statistics about visitors to the Website, detect broad demographic trends, enhance the
Website’s security, provide content tailored to your interests and to otherwise enhance your
experience on the Website.
Passive Collection of Information
In addition to actively collecting Personal Information from you, we, our subsidiaries, affiliates,
joint venturers, strategic alliance partners, sponsors and advertisers (“Partners”) and our third-
party service providers may use a variety of technologies that automatically collect Website
Usage Information and some Personal Information when you visit this Website. The methods
used to collect this information may include:
Cookies. The Website may place small files, called “cookies” onto your computer. Cookies are
data files that websites write onto computer hard drives for record keeping purposes when you
visit them. The cookie file then identifies you as a unique user. As a convenience feature,
cookies simplify the process of recording personal information, so that, for example, users do not
have to enter names, addresses or passwords repetitively. Cookies also allow users of the
Website to customize certain site features. You can program your browser not to accept cookies,
but if you do, you may not be able to use certain portions of the Website and the Website will not
be able to customize certain features according to your preferences.
Web Beacons. Small graphic images or web programming code called web beacons (also known
as “pixel tags” or “clear GIFs”) may be included on the pages of the Website and in email
messages we send you. Web beacons or other similar technologies may be used for several
purposes, such as to count visitors to the Website, monitor how you navigate the Website or to
count how many articles or links posted on the Website were actually viewed.
Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and
we, our Partners or our third-party service providers may receive such device information if you
access the Website through a mobile device. Certain features on the Website may require
collection of mobile phone numbers and we may associate that phone number to mobile device
identification information. Additionally, some mobile service providers operate systems that
pinpoint the physical location of devices that use their services. Depending on the provider, we,
our Partners or our third-party service providers may receive this information.
Embedded Scripts. An embedded script is programming code designed to collect information
about your use of this Website, such as the links you click on. The code is temporarily
downloaded to your computer from our web server or a third-party provider, is active only while
you are connected to the Website and is deactivated or deleted once you leave the Website.
SHARING OF YOUR INFORMATION
We share your Personal Information and Website Usage Information with our Partners. In
addition, we may also share your Personal Information and Website Usage Information with
certain non-affiliated third parties, but only as set forth below:
Third Party Service Providers. In some cases we may employ third party service providers to
perform certain services on our behalf, including, without limitation: (i) processing and fulfilling
your orders; (ii) providing customer service; (iii) shipping, sending postal mail and emails; (iv)
contest and sweepstakes administration and prize fulfillment; (v) removing repetitive information
from customer lists; (vi) analyzing, updating and correcting information we receive on the
Website; (vii) performing business analysis or quality control; (viii) providing marketing
assistance, search results and links (including, without limitation, paid listings and links) and (ix)
processing credit card and debit card payments. Consequently, we may share your Personal
Information with these third-party service providers if they need it to perform services on our
behalf. However, such third-party service providers are not authorized by us to use your Personal
Information for any other purpose.
Business Transfers. Your Personal Information and Website Usage Information may be
transferred, sold, or otherwise conveyed to a third party where Sound Nightclub: (i) merges with
or is acquired by another business entity; (ii) sells all or substantially all of its assets; (iii) is
adjudicated bankrupt or (iv) is liquidated or otherwise reorganizes. You consent to all such
conveyances of your Personal Information and Website Usage Information.
Disclosure of Customer Information for Legal and Administrative Reasons. We may disclose
your Personal Information and Website Usage Information without notice: (i) when required by
law or to comply with a court order, subpoena, search warrant or other legal process; (ii) to
cooperate in investigations of fraud, intellectual property infringement or any other activity that
is illegal or may expose us or you to legal liability; (iii) to enforce or apply the Website’s terms
and conditions; (iv) to verify the identity of the Website’s users and (v) to protect and defend the
rights, property or safety of Sound Nightclub, Sound Nightclub’s Partners, the respective
officers, directors, employees and representatives of each, and the Website’s users.
Disclosure of Personal Information with Customer’s Consent. Unless otherwise required or
permitted by applicable law, we will not transfer or release your Personal Information to a third
opportunity to “opt out” of such transfer or release of your Personal Information.
Disclosure of Aggregated Website Usage Information. We may also share aggregated Website
Usage Information that does not identify you personally with third parties.
We take commercially reasonable precautions to help protect the Personal Information collected
on this Website from unauthorized access, use, modification, or disclosure. However, due to the
design of the Internet and other factors beyond our control, we cannot guaranty that any
information or communications sent via the Internet will be free from unauthorized access by
LINKS TO THIRD PARTY WEBSITES
While on the Website or when viewing an email or other content provided by Sound Nightclub
or the Website, you may encounter links to other websites operated by third parties. These other
websites may set their own cookies, collect data, or have their own privacy policies and
practices. Sound Nightclub is not responsible for the privacy practices or the content of such
third-party websites and we encourage you to review the privacy policies of these sites as soon as
you enter them. Links to any third-party website or content do not constitute or imply an
endorsement or recommendation by Sound Nightclub of the linked website or content.
BLOGSPACES, CHAT ROOMS, FORUMS AND MESSAGE BOARDS
Please note that blogspaces, chat rooms, forums and/or message boards may be available through
the Website. Any information you disclose in these areas is or may be deemed to be public
information and you must exercise caution and discretion before posting any of your Personal
Information on the Website.
COLLECTION OF PERSONAL INFORMATION FROM CHILDREN
This Website is targeted primarily for use by adults. Sound Nightclub does not knowingly or
intentionally collect or use any Personal Information from or market its products and/or services
to individuals under the age of 13. However, we hereby advise all users of our Website under the
age of 13 not to disclose or provide any Personal Information on the Website. In the event that
we discover or are notified that a child under the age of 13 has provided Personal Information to
us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal
Trade Commission’s website at www.ftc.gov/kidzprivacy for more information about this Act),
we will delete the child’s Personal Information from our files to the extent technologically
possible. In addition, we reserve the right to limit participation in particular programs, contests,
sweepstakes, and other promotions to visitors of the Website that are 18 years of age or older.
CONSENT TO TRANSFER
This Website is operated in the state of California in the United States. If you are in Canada, the
Caribbean, the European Union or anywhere else outside the United States, please be aware that
any information you provide to Sound Nightclub will be transferred to the United States and by
submitting the information you consent to this transfer.
COMMUNICATION PREFERENCES AND CORRECTING AND UPDATING
If you do not want to receive promotional offers and other marketing communications from us
you can “opt out” of receiving such offers and communications by emailing us at
[email protected], or write us at:
1642 N Las Palmas Avenue
Los Angeles, CA 90028
If you believe that any Personal Information about you that we collect is incorrect or has
changed, please send an email message to [email protected] explaining the correction or
change and providing any relevant confirmation or reference number.
post any new or revised privacy policies on the Website, but we will only use your Personal
unless you consent to any new terms regarding its use. It is your responsibility to periodically
If you have a privacy question about this Website, please send us an email at
[email protected] or write to:
1642 N Las Palmas Avenue
Los Angeles, CA 90028
California Consumer Privacy Act (CCPA)
This privacy notice section for California residents supplements the information contained in our
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being
associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer
or Device. The following is a list of categories of personal information which we may collect or
may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the
CCPA. This does not mean that all examples of that category of personal information were in
fact collected by Us but reflects our good faith belief to the best of our knowledge that some of
that information from the applicable category may be and may have been collected. For example,
certain categories of personal information would only be collected if You provided such personal
information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier,
Internet Protocol (IP) address, email address, account name, driver's license number,
passport number, or other similar identifiers.
Category B: Personal information categories listed in the California Customer
Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or
description, address, telephone number, passport number, driver's license or state
identification card number, insurance policy number, education, employment,
employment history, bank account number, credit card number, debit card number, or any
other financial information, medical information, or health insurance information. Some
personal information included in this category may overlap with other categories.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship,
religion or creed, marital status, medical condition, physical or mental disability, sex
(including gender, gender identity, gender expression, pregnancy or childbirth and related
medical conditions), sexual orientation, veteran or military status, genetic information
(including familial genetic information).
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity
patterns used to extract a template or other identifier or identifying information, such as,
fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other
physical patterns, and sleep, health, or exercise data.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Category G: Geolocation data.
Examples: Approximate physical location.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Category J: Non-public education information (per the Family Educational Rights
and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational
institution or party acting on its behalf, such as grades, transcripts, class lists, student
schedules, student identification codes, student financial information, or student
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends,
predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, personal information does not include:
Publicly available information from government records
Deidentified or aggregated consumer information
Information excluded from the CCPA's scope, such as:
o Health or medical information covered by the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and the California Confidentiality of
Medical Information Act (CMIA) or clinical trial data
o Personal Information covered by certain sector-specific privacy laws, including
the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or
California Financial Information Privacy Act (FIPA), and the Driver's Privacy
Protection Act of 1994
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of
Directly from You. For example, from the forms You complete on our Service,
preferences You express or provide through our Service, or from Your purchases on our
Indirectly from You. For example, from observing Your activity on our Service.
Automatically from You. For example, through cookies We or our Service Providers set
on Your Device as You navigate through our Service.
From Service Providers. For example, third-party vendors to monitor and analyze the
use of our Service, third-party vendors for payment processing, or other third-party
vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for "business purposes" or "commercial
purposes" (as defined under the CCPA), which may include the following examples:
To operate our Service and provide You with our Service.
To provide You with support and to respond to Your inquiries, including to investigate
and address Your concerns and monitor and improve our Service.
To fulfill or meet the reason You provided the information. For example, if You share
Your contact information to ask a question about our Service, We will use that personal
information to respond to Your inquiry. If You provide Your personal information to
purchase a product or service, We will use that information to process Your payment and
To respond to law enforcement requests and as required by applicable law, court order, or
As described to You when collecting Your personal information or as otherwise set forth
in the CCPA.
For internal administrative and auditing purposes.
To detect security incidents and protect against malicious, deceptive, fraudulent or illegal
activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive.
For more details on how we use this information, please refer to the "Use of Your Personal Data"
If We decide to collect additional categories of personal information or use the personal
information We collected for materially different, unrelated, or incompatible purposes We will
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the
following categories of personal information for business or commercial purposes:
Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records
statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean
that all examples of that category of personal information were in fact disclosed but reflects our
good faith belief to the best of our knowledge that some of that information from the applicable
category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We
enter a contract that describes the purpose and requires the recipient to both keep that personal
information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing,
disseminating, making available, transferring, or otherwise communicating orally, in writing, or
by electronic or other means, a consumer's personal information by the business to a third party
for valuable consideration. This means that We may have received benefit in return for sharing
personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean
that all examples of that category of personal information were in fact sold but reflects our good
faith belief to the best of our knowledge that some of that information from the applicable
category may be and may have been shared for value in return.
We may sell to third parties the following categories of personal information:
Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records
statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above categories with the following
categories of third parties:
Our business partners
Third party vendors to whom You or Your agents authorize Us to disclose Your personal
information in connection with products or services We provide to You.
Sale of Personal Information of Minors Under 16 Years of Age
We do not knowingly collect personal information from minors under the age of 16 through our
Service, although certain third-party websites that we link to may do so. These third-party
guardians to monitor their children's Internet usage and instruct their children to never provide
information on other websites without their permission.
We do not sell the personal information of Consumers We know are less than 16 years of age,
unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who
is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of
age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any
time. To exercise the right to opt-out, You (or Your authorized representative) may submit a
request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with
personal information, please contact Us with sufficient detail to enable Us to delete that
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal
information. If You are a resident of California, You have the following rights:
The right to notice. You have the right to be notified which categories of Personal Data
are being collected and the purposes for which the Personal Data is being used.
The right to request. Under CCPA, You have the right to request that We disclose
information to You about Our collection, use, sale, disclosure for business purposes and
share of personal information. Once We receive and confirm Your request, We will
disclose to You:
o The categories of personal information We collected about You
o The categories of sources for the personal information We collected about You
o Our business or commercial purpose for collecting or selling that personal
o The categories of third parties with whom We share that personal information
o The specific pieces of personal information We collected about You
o If we sold Your personal information or disclosed Your personal information for a
business purpose, We will disclose to You:
The categories of personal information categories sold
The categories of personal information categories disclosed
The right to say no to the sale of Personal Data (opt-out). You have the right to direct
Us to not sell Your personal information. To submit an opt-out request please contact Us.
The right to delete Personal Data. You have the right to request the deletion of Your
Personal Data, subject to certain exceptions. Once We receive and confirm Your request,
We will delete (and direct Our Service Providers to delete) Your personal information
from our records, unless an exception applies. We may deny Your deletion request if
retaining the information is necessary for Us or Our Service Providers to:
o Complete the transaction for which We collected the personal information,
provide a good or service that You requested, take actions reasonably anticipated
within the context of our ongoing business relationship with You, or otherwise
perform our contract with You.
o Detect security incidents, protect against malicious, deceptive, fraudulent, or
illegal activity, or prosecute those responsible for such activities.
o Debug products to identify and repair errors that impair existing intended
o Exercise free speech, ensure the right of another consumer to exercise their free
speech rights, or exercise another right provided for by law.
o Comply with the California Electronic Communications Privacy Act (Cal. Penal
Code § 1546 et. seq.).
o Engage in public or peer-reviewed scientific, historical, or statistical research in
the public interest that adheres to all other applicable ethics and privacy laws,
when the information's deletion may likely render impossible or seriously impair
the research's achievement, if You previously provided informed consent.
o Enable solely internal uses that are reasonably aligned with consumer
expectations based on Your relationship with Us.
o Comply with a legal obligation.
o Make other internal and lawful uses of that information that are compatible with
the context in which You provided it.
The right not to be discriminated against. You have the right not to be discriminated
against for exercising any of Your consumer's rights, including by:
o Denying goods or services to You
o Charging different prices or rates for goods or services, including the use of
discounts or other benefits or imposing penalties
o Providing a different level or quality of goods or services to You
o Suggesting that You will receive a different price or rate for goods or services or a
different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a California resident,
You can contact Us at [email protected].
Only You, or a person registered with the California Secretary of State that You authorize to act
on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
Provide sufficient information that allows Us to reasonably verify You are the person
about whom We collected personal information or an authorized representative
Describe Your request with sufficient detail that allows Us to properly understand,
evaluate, and respond to it
We cannot respond to Your request or provide You with the required information if we cannot:
Verify Your identity or authority to make the request;
And confirm that the personal information relates to You.
We will disclose and deliver the required information free of charge within 45 days of receiving
Your verifiable request. The time period to provide the required information may be extended
once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable
For data portability requests, We will select a format to provide Your personal information that is
readily useable and should allow You to transmit the information from one entity to another
entity without hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information. Once We receive and
confirm a verifiable consumer request from You, we will stop selling Your personal information.
To exercise Your right to opt-out please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may
use technology on the Service that sells personal information as defined by the CCPA law. If you
wish to opt out of the use of Your personal information for interest-based advertising purposes
and these potential sales as defined under CCPA law, you may do so by following the
Please note that any opt out is specific to the browser You use. You may need to opt out on every
browser that You use.
Your mobile device may give You the ability to opt out of the use of information about the apps
You use in order to serve You ads that are targeted to Your interests:
"Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices;
"Limit Ad Tracking" on iOS devices.
You can also stop the collection of location information from Your mobile device by changing
the preferences on Your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection Act
Our Service does not respond to Do Not Track signals.
However, some third-party websites do keep track of Your browsing activities. If You are
visiting such websites, You can set Your preferences in Your web browser to inform websites
that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or
settings page of Your web browser.
Our Service does not address anyone under the age of 13. We do not knowingly collect
personally identifiable information from anyone under the age of 13. If You are a parent or
guardian and You are aware that Your child has provided Us with Personal Data, please contact
Us. If We become aware that We have collected Personal Data from anyone under the age of 13
without verification of parental consent, We take steps to remove that information from Our
If We need to rely on consent as a legal basis for processing Your information and Your country
requires consent from a parent, We may require Your parent's consent before We collect and use
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light law), California residents
with an established business relationship with us can request information once a year about
sharing their Personal Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if You are
a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code
California Business and Professions Code section 22581 allow California residents under the age
of 18 who are registered users of online sites, services, or applications to request and obtain
removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, You can contact Us using
the contact information provided below, and include the email address associated with Your
Be aware that Your request does not guarantee complete or comprehensive removal of content or
information posted online and that the law may not permit or require removal in certain
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a
third-party link, You will be directed to that third party's site. We strongly advise You to review
We have no control over and assume no responsibility for the content, privacy policies or
practices of any third-party sites or services.
We will let You know via email and/or a prominent notice on Our Service, prior to the change
Terms and Conditions
These terms and conditions are the only agreement between us and our users –
continued use of the site and our services signifies that you have read and understood
the terms effective as of the date of the use of the site – rights to services are not
transferable and are subject to any limits by Sound Nightclub. If you are dissatisfied with
our site, our services or the products listed, your sole and exclusive remedy is to
discontinue use of the site.
The “Sound Nightclub” trademark as well as certain logos and other marks used in the
web site are owned by Sound Nightclub or its affiliates (“Sound”). You should assume
that everything you see or read on this site is owned by Sound or used with permission.
You may not copy, use, or retransmit anything from or on the site without permission.
You may download one copy of the contents of the site to one computer for your
personal and noncommercial home use provided you do not change any copyright,
trademark, or other proprietary notice. Any commercial or promotional distribution,
publishing, or exploitation of the site or any of its content, code, data, or materials
thereon is strictly prohibited. You are prohibited in engaging in any conduct that
interferes with the technological operation of the site or that tampers with any copyright
protection applicable to the content of the site. Ignoring this policy may result in
copyright, trademark, or other intellectual property violations.
The site provides you an opportunity to communicate with us. Please be aware that any
content you communicate – whether it be suggestions, ideas, graphics, or other material
– to Sound through the site or otherwise will be treated as non-confidential and non-
proprietary. Anything you submit or transmit becomes the property of Sound and Sound
is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics,
photography, or know-how contained in any communication for any purpose
whatsoever, whether commercial or noncommercial, without payment of any
compensation to you.
Sound has used reasonable efforts to include accurate and up-to-date information on
the site; however, it makes no warranties or representation as to the accuracy of its
contents. Sound also takes reasonable steps to protect the security and integrity of all
personal information you provide to the site; however, due to the inherent nature of the
Internet, Sound cannot guarantee that information, during transmission through the
Internet or while stored on our system or otherwise in our care, will be safe from
intrusion of others, such as hackers. Sound assumes no responsibility for any problems
or technical malfunction to telephone networks or lines, computer online systems,
servers or providers, computer equipment, software, failure of email, email traffic
congestion or any combination thereof, including any injury or damage resulting from
any such problems or malfunctions. This site and all content, included or available
therein, are provided “As Is” and “As Available” with all faults. THE CONTENT IS
PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH
ARE DISCLAIMED). Sound does not represent or warrant that your use of the site will
be uninterrupted, error free, secure, free of viruses or other harmful components, or that
the content is accurate or correct. Your use of this site is solely at your own risk.
Because some jurisdictions do not permit the exclusions of certain warranties some of
these exclusions may not apply to you.
Limitation of Liability.
Under no circumstance shall Sound or the managers, directors, officers, employees,
agents, contractors, counsel, successors and assigns for Sound or any affiliates be
liable to you or any third party for any damages or injury whether direct, indirect,
punitive, incidental, special or consequential that results from the use of or inability to
use this site or any portion thereof including, without being limited thereto, any offering
that may be made therein, even if Sound has been advised of the possibility of such
damages. This limitation of liability applies whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other basis, even if Sound had been
advised of the possibility of such liability. The total liability of Sound to you for all losses,
damages and causes of action (in contract, tort, including without limitation, negligence
or otherwise) will not be greater than the amount you paid to access the site. You may
bring no claim against Sound more than one (1) year after the action arose. Because
some jurisdictions do not allow the exclusion of incidental or consequential damages the
liability of Sound in such jurisdiction shall be limited to the extent permit by the law
You agree to defend, indemnify, and hold harmless Sound, its affiliated companies,
licensors, employees, agents, and any third party information providers as well as its
officers, directors, employees and agents, from and against any claims, actions or
demands, (including without limitation reasonable legal and accounting fees) alleging or
resulting from (a) with respect to you: (i) infringement or misappropriation of any
intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or
violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive,
destruction to our Site or to us, or to another person or party which damage is caused
by or otherwise results from your acts or omissions. Sound shall provide notice to you at
the e-mail address you provide us promptly of any such claim, suit, or proceeding. You
are responsible for ensuring that the e-mail address is current and operable.
Disclaimers Regarding Third Party Sites.
Sound makes no representation about any other site that you may access through its
site and is not responsible for the contents of any other site. Unless expressly stated,
Sound does not endorse any products or services offered by any company or person
linked to its site.
USA Based Site; Jurisdiction; Venue.
This site is controlled by Sound from its offices within the United States of America.
Sound makes no representation that all the contents of the site are appropriate or
available for use in other locations, and access to the site is prohibited from locations
where some or all of the content is illegal. If you choose to access this site from other
locations, you do so on your own initiative and you are responsible for compliance with
applicable federal, state, and local laws. You may not use or export any contents of the
site in violation of U.S. export laws and regulations. Any claim relating to the site shall
be governed by the internal substantive laws of the States of California.
Sound reserves the right to add cross-site cookies for re-marketing purposes.
Any failure by Sound to enforce any of its rights under these Terms and Conditions or
under applicable law shall not constitute a waiver of such rights. If any provision of the
Terms and Conditions shall be deemed unlawful by a court of competent jurisdiction, or
for any reason unenforceable, then that provision shall be deemed severed from these
Terms and Conditions and shall not affect the validity and enforceability of any
remaining provisions hereunder. These terms and conditions contain the entire
agreement between you and Sound relating to your use of the site.
Service and Support
All requests for inquiries should be directed to [email protected].
Terms and Condition Changes.
Sound may, at any time, revise these Terms and Conditions by updating this posting.
You continued use of our site indicates your consent to such Terms and Conditions.
You are bound by any revisions and should therefore periodically visit this page to
review the then current Terms and Conditions. This policy was last updated on October