Sonic Toolkit Terms Of Service

 

 

This is the plain English version -- if you want to wait until there's a TOS that's written by a lawyer and is incomprehensible to us normal folks, come back later.

Basically, I'm going to do my best to provide you with really useful tools, but if I screw up, you agree not to sue me.

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Important - read carefully before proceeding. Joining the Sonic Toolkit (STK) membership site indicates your acceptance of the terms and conditions contained in this agreement.

If you have not reached legal age of majority, you acknowledge that you have your legal guardian's permission to use the services. You must also be at least 13 years old to join STK.

Upon acceptance of this agreement, STK grants you a personal, nonexclusive, nontransferable, revocable license to access and use the STK membership site and tools, for your non-commercial use.

You cannot sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any part of the membership site or tools.

You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the membership site or tools for any purpose whatsoever. You may not allow any third party to access the Services for any purpose whatsoever.

Basically, it's for YOUR personal use only.

As a member of STK you agree to provide complete and accurate data to SonicToolkit.com upon signing up for the site. If you data changes, such as phone number, email address, etc., you agree to update it immediately.

You may cancel your membership by providing written notice to SonicToolkit.com. When your membership is canceled you will stop using all the STK tools.

To maintain or improve the site and tools, to prevent fraud, or for any other reason determined by STK, I may restrict, suspend, terminate or modify your service with or without notice (but I'd try and notify you first, of course). I also retain the right to restrict, suspend or terminate your membership and use of the tools with or without notice for any reason.

Upon any account termination STK may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files, information, or the membership site and tools.

Jay Jennings and/or STK shall not be liable to you or any third party for any reason for terminating this Agreement or access to Services or for modifying this agreement and/or the membership site and tools.

The membership site and tools are provided "as is" and "as available" and STK makes no warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and any similar warranty whether that warranty arises under provisions of any law of the United States or any state thereof. Sonictoolkit.com makes no representations or warranties that the tools are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of the membership site and tools shall be borne solely by you, the subscriber.

I make no warranty that the tools will meet your requirements, or that the membership site and tools will be uninterrupted, secure, timely, error free or that any defects in the membership site and tools will be corrected. Sonictoolkit.com is not responsible for messages, information or data that is lost or misdirected due to interruptions or fluctuations in the services or the internet in general.

Sonictoolkit.com does not warrant the accuracy or reliability of the results obtained through use of the tools or membership site.

No advice or information, whether oral or written, obtained from Jay Jennings, SonicToolkit.com, its employees, or through or from the membership site will create any warranty not expressly stated in these terms and conditions.

Some jurisdictions don't permit the disclaimer of certain implied warranties, so some of the foregoing disclaimers may not apply to you.

In no event shall Jay Jennings and/or SonicToolkit.com be liable to subscriber or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Sonictoolkit.com's liability for damages, regardless of the form of the action, shall not exceed the monthly membership fee paid by subscriber for the service, if any.

You agree to indemnify and hold harmless SonicToolkit.com, its directors, officers, employees and agents from and against all liabilities, costs, losses, expenses, and damages resulting from any negligent acts, omissions or willful misconduct by you, your use of the membership site and tools and/or any breach of the terms and conditions of this agreement by you, the subscriber.

During the term of this agreement, SonicToolkit.com may change or discontinue the membership site and tools at any time and with or without notice to you.

Also, SonicToolkit.com may, from time to time, with or without notice and at its sole discretion, start or modify various practices, limitations and restrictions for administering the membership site and tools, including without limitation: how often all or a part of the tools or membership site may be accessed; the duration of any access; the maximum number of days that data, messages or postings will be retained; the maximum number of messages, data or postings allowed; the size and nature messages, data and postings; the maximum storage space available for your account; and any other matter related to the administration of the SonicToolkit.com membership site and tools.

You agree that SonicToolkit.com shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of data or information as a result of, or arising out of, administration of the membership site and tools, whether or not you are given prior notice.

SonicToolkit.com may delete accounts that are inactive for an extended period of time (but probably won't without checking with you first).

SonicToolkit.com shall not be liable to you or any third party for any reason as a result of modifying or terminating the membership site or tools, in whole or in part.

You are responsible for creating a back-up copy of any important or critical information that is stored on the site. SonicToolkit.com shall not be responsible or liable in any way for any information or data loss in connection with the membership site or tools.

SonicToolkit.com reserves the right to change the terms and conditions of this agreement, by posting a revised version of the agreement at the membership site.

Use of the membership site and tools signifies your agreement to all terms, conditions and notices contained or referenced in this document. Continued use of any part of the membership site or tools following the posting of any changes to this agreement constitutes acceptance of those changes, and all changes will then become binding for you.

If you don't agree to the changes, you must immediately cease all use of the tools and membership site.

You are solely liable for any data sent through the tools and membership site. SonicToolkit.com has no control over the content of any data nor will it be liable for such content.

You will not use the membership site or tools to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the membership site or tools for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or illegal.

SonicToolkit.com is under no obligation to monitor the data available or transmitted through the membership site or tools. You agree that SonicToolkit.com shall have the right, but not the obligation, at its sole discretion, to refuse or remove any content, in whole or in part, that violates this agreement or is otherwise objectionable.

In the event any portion of this agreement shall be held illegal, void, or ineffective, the remaining portions shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties.

This agreement shall be construed in accordance with the laws of the State of Alaska without regard to its conflict of law provisions. Each party shall submit to the exclusive jurisdiction of the state and federal courts located in Alaska, and irrevocably waive any right to claim that such forum is not convenient or that any such court lacks jurisdiction.

 

 


Jay Jennings
7362 W. Parks Hwy #781
Wasilla, AK 99654
jay@jayjennings.com

 


Copyright 2007 by Jay Jennings. All rights reserved.