Terms of Use

Terms of Use

Effective Date: July 9, 2018

Your Acceptance of These Terms of Use

These Terms of Use (or “Agreement”) apply to all users (“user,” “you,” or “your”) of this website. By using this website, you are agreeing to comply with and be bound by these Terms of Use with Life and Sound, LLC (“Site,” “website,” “us,” “our,” or “we”). If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use this Site.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site it will be true, accurate, current, and complete and that you will update all personal information as necessary.  To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use will control.

Ownership of This Site and Content

We exclusively own all intellectual property rights without limitation, in the following: (a) all text, logo, graphics, audio clips, video clips, images, headers, trademarks, service marks, design elements, the selection and arrangement of all the above, and all other protected elements on the Site and in our services (except those licensed from others); (b) software, scripts, source codes, and API on the our Site and in our services (except those licensed from others); (c) all things otherwise provided to you as a part of the Site’s services, and; (c) any other intellectual property rights afforded to us, through state or federal registration; international, state, or federal intellectual property and proprietary rights laws; or as otherwise available at common law (“Intellectual Property”). Except as stated within, this Site does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so. We do not grant or transfer any rights, titles, assignments, interests, or licenses under this Agreement except by written consent. All goodwill generated from the use of our intellectual property inures to our benefit. Using any part of our website in a way that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use.

Copyright Infringement

Pursuant to the Digital Millennium Copyright Act (“DMCA”), it is our policy to remove any material that we believe in good faith is copyrighted material. In our sole discretion, we will remove copyrighted material and we may discontinue service to copyright infringers.

If you believe your copyrighted content has been infringed upon, please send us a written notice by email to hello@lifeandsound.com. Please be detailed about the specific content and the pages on which the content appears. We will respond to notices of alleged copyright infringement according to the DMCA.

User Generated Content

As a website user, you agree to comply with the following rules when using our website and services. You must not impersonate another person, user, or entity or falsely state or misrepresent your affiliation with any person or entity (including Life and Sound). User generated content must not be libelous, defamatory, false, vulgar, or hateful. You must not use this Site in a way that violates the privacy or publicity rights of another user or third party or otherwise engage in any illegal act. You must not use this Site to engage in hate speech, hate crimes, violence, or the threat of the above. You must not harass, abuse, harm, threaten, or discriminate another user or entity. User generated content must not contain vulgar, obscene, profane, and pornographic material.

Users must not collect or attempt to collect any PII or non-PII about another user. You must not use our Site or services to hack our network, transmit any spyware, malware, viruses, or other computer code on our computers, our equipment, or the computers and equipment of third parties. You must not disrupt, damage, interfere with, or limit the functionality and security of the Site and our services. You must not use our site or services for commercial activities.

Life and Sound, in its sole and absolute discretion, will determine whether a user is complying with these rules.

By posting, uploading, sharing, or transmitting material (or “user generated content” or “content” or “your content”) on our website or through our social media channels, you agree that you own the rights to the content you submitted and that the content does not infringe upon any person or entity’s rights. You further agree that you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to store, cache, sell, sublicense, host, reproduce, distribute, display, exhibit, copy, modify, translate, transmit, creative derivative works of, archive, reproduce, share, or otherwise exploit your content for any purpose without notice and with or without attribution. You release all moral rights to your content.

We reserve the right to screen, remove, modify, refuse, delete, monitor, and store all User Generated Content that is posted to the Site. We may do so at any time without giving the user, or any other party, notice. We do not assume responsibility or liability for any User Generated Content. This is the sole responsibility of the user. We may or may not monitor and intervene in any disputes between users. You assume all risks that you take in engaging with other users, User Generated Material, and any other content on the website.

FTC Disclosure

By using our website, you acknowledge and agree that Life and Sound, LLC may have a material connection with affiliates, sponsors, brands, and other third parties. We may receive free products, commissions, compensation, or another perk for displaying the third-party affiliate link(s) on our website.

Children’s Online Privacy Protection Act

You may not use this website if you are under 13 years of age. If you are under 18 years of age, you must have your parent’s or legal guardian’s permission to use this website. For more information on how we manage the personally identifiable information of children, please review our Privacy Policy.

Pursuant to 43. U.S.C. § 230(d), we notify you through our Terms of Use that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Many internet browsers also offer a “Parental Controls” function that you may want to utilize.

Third-Party Links and Advertising

Our website may contain links to third-party websites, including social media sites. Access to or from these links is available as a convenience to the user. The third-party websites and content are not owned, operated, or controlled by us. If you visit these external websites, you do so at your own risk and you are subject to the terms and conditions and privacy policies of the third parties, not us. We expressly disclaim any responsibility and liability for the third-party sites and their content. You agree that Life and Sound is not liable for any losses, expenses, claims, or damages arising out of visiting and using third-party websites and services via our links.

Promotions Governed by Its Own Terms of Use

We may offer special promotions such as sweepstakes, contests, giveaways, and other offerings from time to time. These special promotions are governed by their own terms and conditions that are separate from the Terms of Use of our website. Each promotion is governed individually by its own terms and conditions. Should a conflict arise between the promotion’s terms and conditions and this Site’s Terms of Use, the promotion’s terms and conditions will govern. For more information on how we manage the personal information you provide for these promotions, please review the Surveys and Special Promotions provision in our Privacy Policy.

Third-Party Generated Content

This Site contains content generated from third parties, including but not limited to comments. We do not guarantee the accuracy, integrity, or quality of third-party generated content. The Site does not endorse and is not responsible for statements, advice, and opinions made by anyone other than authorized Site spokespersons.

We are not liable for the actions, errors, omissions, representations, warranties, breaches, or negligence of any third parties including affiliates, sponsors, and partners. We are not liable for any personal injuries, death, tort, property or other damage, or expenses resulting from the use of third-party products and services.

Modification or Suspension of Our Website

We may choose to modify, amend, alter, suspend, or stop any part of our website at any time, temporarily or permanently, in our sole discretion, and without notice or liability. We may add to, eliminate from, or discontinue our website. We may delete your information stored on our servers. We reserve the right to remove any links from our website or our social media channels without notice.

Disclaimers

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND EXPRESS AND IMPLIED WARRANTIES (A) OF TITLE, MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE, OR CURRENT; (D) THAT THIS SITE WILL OPERATE SECURELY OR FREE OF DEFECTS, VIRUSES, OR BUGS; OR (E) WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

WE DO NOT ENDORSE, GUARANTEE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENT, PRODUCT, OR SERVICE BY THIRD PARTIES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

YOU USE THIS WEBSITE ENTIRELY AT YOUR OWN RISK. IF YOU RELY ON ANY CONTENT ON OUR WEBSITE, IT SHALL BE AT YOUR OWN RISK AND RESPONSIBILITY.

WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SERVICES, CONTENT, PRODUCTS, AND PROGRAMS AT ANY TIME WITH OR WITHOUT NOTICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME, GOODWILL, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Consent to Electronic Communication

You consent to receive electronic communications from us by email or by notice posted on our website. You agree that any legal requirements that we notify or otherwise communicate with you in writing will be satisfied by these electronic communications. We are not responsible if you or your email provider automatically filters any e-mail communications we send to you.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law; Arbitration

These Terms of Use and Privacy Policy will be governed under the Federal Arbitration Act, applicable federal laws, and the laws of the State of New York without regard to its choice or conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be adjudicated exclusively by binding arbitration under the prevailing rules of the American Arbitration Association. You hereby irrevocably consent and submit to binding arbitration for all such purposes, and you waive the right to bring a legal action in court. YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE TO BRING ANY CAUSES OF ACTION WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES AND NOT LATER THAN ONE YEAR OR THE CLAIM WILL FOREVER BE BARRED.

For breaches and violations of the Terms of Use or for infringement of our intellectual property, we reserve the right to seek injunctive relief in a court of competent jurisdiction. You consent to the exclusive jurisdiction and venue of such courts.

If there is any dispute, first send a written notice of dispute to Life and Sound by email to: hello@lifeandsound.com. We will make every effort to resolve your dispute through informal negotiation within thirty days of receipt of written notice. If we are unable to resolve the dispute within thirty days, you agree to either file a claim in small claims court or if ineligible for small claims court, then you agree to binding arbitration in Baltimore, MD.

You agree to select an arbitrator located in Baltimore, MD. who is knowledgeable about internet commerce. The decision of the arbitrator will be final and unappealable in any court in any jurisdiction. We will not seek attorneys’ fees and costs for arbitration except in the case where an arbitrator determines your claim was frivolous.

Class Action Waiver

You agree to arbitrate only in your individual capacity. You may not join your claim(s) with any other individual’s or entity’s claims. You agree not to bring a dispute on a class-action basis or use class action procedures. There is no authority for a dispute to be brought in a purported representative capacity on behalf of a class. If a class action waiver is deemed illegal, only this waiver will be severed; the other provisions will remain intact, including the provision binding arbitration.

Indemnity

You agree to indemnify and hold harmless the Site as well as Life and Sound, LLC, its affiliates, licensors, licensees, successors, and assigns as well as each of their respective directors, officers, employees, agents, service providers, members, and partners (“Indemnified Parties”) from any loss, liability, claim, demand, or expense including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection (1) with your use of this Site, (2) a violation of these Terms of Use and the Privacy Policy, and (3) any violation of a third party right.

California residents agree to expressly waive CA Civil Code § 1542, which states that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Assignment

You may not transfer or assign any rights and licenses granted under these Terms of Use for any reason or purpose. We may assign our rights under these Terms of Use without restriction.

Notice of Updates

These Terms of Use are current as of the above effective date of use. The Site reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you must discontinue using this Site.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Site with respect to the Site and supersedes all previous and all contemporaneous communications, negotiations, agreements, representations, and warranties whether oral, written, or electronic, between you and the Site with respect to this Site and your use of this Site.

If you have questions regarding your rights under these Terms of Use, please consult an attorney.

Definitions

The term “Content” refers to all the software and code comprising or used to operate this Site, and all text, photographs, images, illustrations, graphics, sound recordings, video, and audio-video clips, and other materials available on this Site.

The terms “Life and Sound,” “Life + Sound,“ “we,” “us,” and “our” refer to Life and Sound, LLC.

The term “including” means “including, but not limited to.”

The term “Site” refers to any website, application, or service owned by Life and Sound, LLC on which these Terms are posted.

Questions

If you have any questions about this website or these Terms of Use, please contact us.

Life and Sound, LLC
hello@lifeandsound.com
900 East Fayette Street
Suite 118 #1034
Baltimore, MD 21223-9715
(202) 470-3961