ALL OUR NOISE Web Sites comprises several Web sites and Web pages operated by ALL OUR NOISE or its subsidiaries, affiliates and business partners.
1. ALL OUR NOISE Web Sites
ALL OUR NOISE Web Sites include:
2. Agreement To Rules Of User Conduct
3. Third Party Sites
ALL OUR NOISE Web Sites may produce automated search results or directly provide links to other Internet web sites (“Outside Sites”). Outside Sites are not under the direct or indirect control or direction of ALL OUR NOISE, and you acknowledge that ALL OUR NOISE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Outside Sites. The existence of, or links to, Outside Sites does not imply endorsement of the site, or its content, by ALL OUR NOISE.
4. Proprietary Rights
5. Copyright Notice
6. Copyrighted Materials; Limited License
ALL OUR NOISE Web Sites contain various types of content including graphics, text, sounds, animated material, design and layout elements, and other copyrighted and similarly protected content owned or licensed by ALL OUR NOISE or its third-party suppliers and clients. Users are not permitted to use this information in any manner or for any purpose other than as expressly authorized herein and in ALL OUR NOISE Web Sites. The policies below relate solely to that content owned by ALL OUR NOISE. For information, and permission to use, the content of third-party content rights owners, Users are directed to contact such third-party content rights owners directly.
1. Grant ALL OUR NOISE, its affiliates, and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the information in any form and for any purpose; and
2. Warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of such information by ALL OUR NOISE will not infringe or violate the rights of any third party or violate any law.
b. Permission Granted to Users of ALL OUR NOISE Web Sites
1. Such materials may only be used for personal, noncommercial, and informational purposes. Under no circumstances may they be posted, distributed or modified in any manner or form whatsoever using technology now known or hereafter devised;
2. All copyright and other proprietary notices must be retained in such materials; and
3. Users may not reproduce, copy, or redistribute the design or layout of ALL OUR NOISE Web Sites, individual elements of such design or layout, nor any trade or service marks or logos without ALL OUR NOISEís prior express written permission.
c. Permission for Commercial Use
Reproduction, copying, or redistribution for any commercial purpose whatsoever of any materials or design elements on ALL OUR NOISE Web Sites is strictly prohibited without ALL OUR NOISEís prior express written permission. ALL OUR NOISE reserves the right to grant such permission at its sole discretion upon written request for such permission reasonably detailing (i) what materials or design elements are at issue and their URL addresses, (ii) the nature of the use for which permission is sought, and (iii) the identity and nature of the entity requesting such permission. In addition, all such requests for permission must contain a statement to the effect that, if the permission sought is granted, the requesting entity shall defend and hold harmless ALL OUR NOISE from any and all claims, liabilities, expenses and costs, including reasonable attorneys fees, that are connected in any way whatsoever with the requesting entityís use of the materials or design elements for which such permission is granted, and failure to include a statement to such effect shall conclusively disqualify any such request from consideration for the permission sought.
Requests for permission for commercial use should be directed to ALL OUR NOISE at email@example.com
d. Procedure for Making Claims of Copyright Infringement
ALL OUR NOISE, its affiliates and subsidiaries respect and heed the intellectual property rights of others, and requires its third-party content suppliers and other vendors and its users to do the same. If, despite ALL OUR NOISEís best efforts, a user believes any content on ALL OUR NOISE Web Sites to be illegally infringing such userís intellectual property rights, such user is requested to contact ALL OUR NOISE in writing at at firstname.lastname@example.org. Any such notice shall be in writing and shall include (i) a reasonably detailed explanation of what materials or design elements are at issue, their allegedly infringing use, and their URL addresses within ALL OUR NOISE Web Sites, (ii) the location (physical or electronic, and if electronic and network-accessible, the URL) of each alleged protected original of such material or design, (iii) a statement to the effect that there is a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (iv) a statement by the author of such notice, made under penalty of perjury, that the above information in such notice is accurate and that such author is the copyright owner or authorized to act on the copyright ownerís behalf, and (v) the electronic or physical signature of the author of such notice, including such authorís name, address, telephone number, and email address.
7. Disclaimer Of Warranties
ALL MATERIALS, INFORMATTON, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ALL OUR NOISE WEB SITES FOR YOUR USE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL OUR NOISE, ITS SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT ALL OUR NOISE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF ALL OUR NOISE WEB SITES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF CERTAIN WARRANTIES, THIS PARAGRAPH MAY NOT APPLY, OR BE LIMITED IN ITS APPLICATION, TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ALL OUR NOISE, ITS SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM THE USE OF, OR INABILITY TO USE, ALL OUR NOISE WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ALL OUR NOISE, ITS SUBSIDIARIES OR LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION CONTAINED IN THIS PARAGRAPH, ALL OUR NOISEís LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree, upon notice, to defend, indemnify, and hold harmless ALL OUR NOISE, its subsidiaries and other affiliated companies, and their employees, contractors, officers, directors and shareholders from any and all liabilities and claims of whatever nature, and expenses, including reasonable attorneyís fees, that arise from your use or misuse of ALL OUR NOISE Web Sites. ALL OUR NOISE reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. In the event of such election you shall fully cooperate with ALL OUR NOISE in asserting any available defenses.
10. Legal Compliance
ALL OUR NOISE makes no representation that the content on ALL OUR NOISE Web Sites is appropriate or available for use in locations outside the United States, and accessing the same from jurisdictions where such content is illegal is prohibited. You understand and agree that your access and use of ALL OUR NOISE Web Sites is at your own initiative and risk, and in compliance with, and pursuant to, the laws of the jurisdiction from where you initiate such access and/or the laws of the jurisdiction where you use ALL OUR NOISEís services.
11. Choice Of Law & Forum
12. Severability And Integration
14. Communicating with ALL OUR NOISE
ACCEPTABLE USE GUIDELINES
1. You shall always use your real name whenever your name is required for interaction with ALL OUR NOISE Web Sites unless anonymity is specifically permitted;
2. You shall not interfere with any other users of ALL OUR NOISE;
3. You shall not use the functionality and capabilities of ALL OUR NOISE Sites to conduct, or solicit or encourage the performance by another of, any illegal activity or other activity which infringes the rights of others;
4. You shall not post or transmit any message which is harmful, threatening, abusive or hateful, however it is not ALL OUR NOISEís intent or desire to discourage you from communicating controversial ideas or policies whether popular or otherwise;
5. You may not use ALL OUR NOISE Sites in any manner designed as a solicitation, whether commercial or otherwise, to other ALL OUR NOISE Site users or third-parties;
6. You may not use any automated software program, such as a spider or robot, to monitor or copy any information, in whole or in part, contained on ALL OUR NOISE Sites;
7. You are prohibited from posting or transmitting any message, data, image or program that is or would be violative of the property rights of others, including intangible rights in intellectual property (i.e. copyrights, service marks, etc.);
8. You are prohibited from posting or transmitting any message which is libelous, defamatory or which discloses private or personal matters concerning any person (yourself excluded) or other entity;
9. You are prohibited from posting or transmitting any message, data, image or program which is, in ALL OUR NOISE’s sole and reasonable discretion, indecent, obscene or pornographic; and
10. You may not post or transmit any file which contains a virus, worm, “Trojan Horse,” or any other contaminating or destructive code.
1. Information About Visitors to ALL OUR NOISE Web Sites
ALL OUR NOISE keeps track of ALL OUR NOISE Web Sites, and pages our visitors view within ALL OUR NOISE Web Sites, to enable ALL OUR NOISE to determine what sites and services are the most popular. This data can be used to deliver customized content and advertising to ALL OUR NOISEís customers and other visitors to ALL OUR NOISE Web Sites whose behavior indicates that they are interested in a specific subject area. ALL OUR NOISEís service may automatically gather certain usage information like the numbers and frequency of visitors to ALL OUR NOISE Web Sites and its pages, and ALL OUR NOISE will only use information gathered in this manner in the aggregate to enable ALL OUR NOISE to improve and better design ALL OUR NOISE Web Sites.
To facilitate the above, ALL OUR NOISE Web sites may use “cookies” which tell ALL OUR NOISE how and when pages in ALL OUR NOISE Web Sites are visited, and by how many people. ALL OUR NOISEís cookies do not collect personally identifiable information and do not combine information collected through cookies with other personally identifiable information, so users remain anonymous. ALL OUR NOISE may also provide statistical “ratings” information in the aggregate (and never about individual users personally) to ALL OUR NOISEís partners about how visitors, collectively, use ALL OUR NOISE Web sites.
Some ALL OUR NOISE Web Sites may use “cookies” to personalize usersí online experience. Cookies cannot be used to run programs or deliver viruses to usersí computers. Cookies are uniquely assigned to individual users, and can only be read by a Web server in the domain that issued such cookies.
Among the primary purposes of cookies is to indicate to ALL OUR NOISEís Web server that a particular user has returned to a specific page and enables ALL OUR NOISE ís Web servers to “remember” such users from prior visits ñ including any preferences such users may have established during such prior visits. This simplifies the process of recording personal information, such as billing addresses, shipping addresses, etc. When a visitor returns to the same ALL OUR NOISE Web site, the information previously provided can be retrieved, so that such visitor can easily use ALL OUR NOISE Web Sitesí features previously customized.
Users have the ability and the right to accept or decline cookies. Most Web browsers automatically accept cookies, but users may be able to modify their browser settings to decline cookies or purchase third-party programs that provide such functionality. If a user chooses to decline cookies, such user may not be able to fully experience the interactive features of ALL OUR NOISE Web Sites visited.
3. Use of Third Party Advertising
ALL OUR NOISE sometimes enters contracts to provide space on ALL OUR NOISE Web Sites to third-parties including advertisers. ALL OUR NOISE will never reveal usersí Personal Data (as hereinafter defined) or data about a userís specific visits to ALL OUR NOISE Web Sites to such third-parties. ALL OUR NOISE reserves the right to provide information to such third-parties about visitors to ALL OUR NOISE Web Sites in the aggregate, absent any personally-identifying information.
4. Information About You
ALL OUR NOISE takes all reasonable precautions to prevent unauthorized or illegal correlation of any user-sensitive data, such as Personal Data, race, religion, political affiliation, or sexual orientation, with personally identifiable data.
5. Security of Usersí Personal Information & Personal Data
ALL OUR NOISE secures usersí Personal Data and other personal information from unauthorized access, use or disclosure, and secures such information we receive from them on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. Personal Data and other personal information is transmitted to other computer or Web sites, if at all, through the use of Secure Socket Layer (SSL) encrypted protection whenever possible.
6. Third Party Disclosure
ALL OUR NOISE does not use or disclose information about usersí individual visits to ALL OUR NOISE Web Sites or personal data that they may provide ALL OUR NOISE, such as name, address, email address or telephone number, to any un-affiliated companies. ALL OUR NOISE may share with our ALL OUR NOISE Web Site partners aggregated ratings information about access to and use of ALL OUR NOISE Web Sites, however, and ALL OUR NOISE may utilize the services of trusted partners to assist in such statistical analysis. All such third parties are prohibited from using usersí personal information except to provide such services to ALL OUR NOISE, and are required to maintain the confidentiality of usersí information.
ALL OUR NOISE never discloses personal information (including Personal Data) without notice to the owner of such information unless required to do so (i) by law or in the good faith belief that such action is necessary to comply with the law and legal process, (ii) in the good faith belief that such action is necessary to protect the safety of ALL OUR NOISE Web Sites user or other ALL OUR NOISE customer or the public generally, or (iii) in the good faith belief that such action is necessary to protect and defend the rights of ALL OUR NOISE, its affiliates and subsidiaries.
7. Children & The Web
ALL OUR NOISE does not specifically target minors per se via its marketing and advertising efforts whether electronic or otherwise, and believes that minors should get their parentsí consent before giving out any personal or sensitive information whether over the Internet or otherwise. ALL OUR NOISE encourages parents to be engaged and proactive participants in their minorís experience in cyberspace and otherwise, and to review important safety tips before their minor explores the Internet; ALL OUR NOISE also encourages minors to consult with their parents before giving out information of any kind about themselves and their families whether on the Internet or otherwise.
10. Rules of User Conduct
User, by posting information in or otherwise using any ALL OUR NOISE-provided service that may be available to user on or through ALL OUR NOISE Web Sites, agrees not to upload, post, or otherwise distribute or facilitate distribution of any content including, without limitation, text, software code (whether object, executable or otherwise), ../images, sounds, or other data or information that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anotherís privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts of a violent or threatening nature directed at another individual or group of individuals, or otherwise violates ALL OUR NOISEís rules or policies;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other protected status;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any other entity;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. fraudulently impersonates any person or entity, including any employee or representative of ALL OUR NOISE.
User further agrees to refrain from “data mining” or otherwise gathering or collecting (whether through solicitation or otherwise) data or information about or regarding any other user of ALL OUR NOISE Web Sites whether to facilitate the transmission of unsolicited bulk electronic e-mail or otherwise.