A SOUND MATCH - TERMS OF SERVICE
(Last updated 3/20/06)
A Sound Match ("ASM") owns and operates the www.asoundmatch.com website (the "Site") on which people can take our Music Personality Test, receive Music Personality test results and get matched together with other members based on the test results. Our site, services and business partners provide an online dating service, music services, live events and a place of community where music enthusiasts can meet each other (collectively, our "Service").
By using our Service and our partners' services, users agree to the following terms and conditions of use (the "Terms").
A. Acceptance of Terms
By completing the registration process and clicking the "submit" button, you agree to be bound by these Terms and to use A Sound Match in a manner consistent with all applicable laws and regulations.
ASM is intended for adult use only. Anyone under the age of 18 is NOT permitted to use the Services. ASM reserves the right to terminate your account if we learn you have provided false or misleading information.
ASM reserves the right, in its sole discretion, to modify these Terms from time to time. We recommend that you periodically review them. We will provide you with reasonable notice of any changes that could materially affect your use of our Service. Your continued use of the Service will indicate your acceptance of these modifications.
ASM may, at our discretion, add or delete features, services and partners.
C. Your Privacy
By using the Service and completing the profile information, you will provide personal information and photos of yourself that can be viewed by the public. By opting-in to this service and submitting your image and/or personal information, you waive any privacy expectations you may have with respect to ASM's use of your likeness or personal information you included in your profile.
Additionally, by voluntarily submitting profile content to our site, you grant to us, for any purpose, anywhere in the world, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute and promote such content in any form, in all media known or hereinafter created.
Your Account and Password
You are responsible for maintaining the confidentiality of your member name and password and are responsible for all uses of it, whether or not authorized by you. You agree to immediately notify ASM of any unauthorized use of your account. You may cancel your account at any time by using our contact form.
D. User Conduct
1. Content posted by Users/Members
You agree you are solely responsible for any and all content you post or transmit using our Site or any of our business partners' sites. All images you post to the Service must portray your image. We do not tolerate any form of hate speech or defamatory language on our Site.
You agree not to post, transmit or distribute content to ASM or its partner sites or distribute material (including but not limited to text, graphics, or audio) that is obscene or sexually explicit (including nudity), unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, bigoted, racially offensive, exploits the likeness of individuals under the age of 18, is otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
You also agree not to impersonate any other person or entity, including impersonating an ASM member, the ASM organization, an ASM employee or consultant of or any of its partner sites. You agree not to post or email material that contains advertising, any form of commercial solicitation (including "spam" emails) or to use our Service for any commercial purpose whatsoever or assist any third party from doing so.
2. Member's Use of the Service
By using our Service, you agree to act responsibly and use good judgment. We want your member interactions to be safe and fun. If you have questions about dating safety, please read our page containing tips and advice or contact us.
You agree to assume responsibility for your personal interactions with other members while using the Service. Whenever and wherever you meet someone new, it's essential to use common sense in order to make good, safe decisions. We do not conduct background checks on our members.
We do take all complaints regarding offline behavior very seriously. However, we cannot be responsible for damage or harm resulting from your interactions with other members. We reserve the right, but do not assume obligation, to monitor interactions between you and other users of our Service. In good faith, we may take any action to restrict access to content or material that we or others might find obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable.
ASM and its partner sites do not assume responsibility for the deletion of or failure to store your content.
3. Flagging Content
Please use our flagging feature with utmost respect and regard for your peers.
Your images are subject to ASM management and peer review. They can be flagged as "inappropriate" if your peers or if we believe the content is objectionable. If eight (8)* different users flag your content, our system will automatically remove the content and you will receive an email alert from us. If you believe your content was incorrectly removed, you may use our contact form to contact us for further discussion.
ASM reserves the right to remove or delete your content and to terminate your account if we determine you are violating content guidelines.
4. Content Ownership
You agree that you are the rightful owner of all content (intellectual property) you post or transmit on our site and/or you have the right to use this content. Any material that you do not own and is protected by law may not be posted on the Site without the express permission of the intellectual property owner. If you are unsure, verify it before posting it.
You agree that all content made available on our Site (ASM, partner + member content) is protected by US and International Copyright, Trademark and Patent Law, Rights of Publicity, Trade Secrets and other proprietary rights.
You agree not to sell, license, publish, distribute, copy, reproduce, publicly display or perform, create derivative works, edit, adapt, transmit, rent or commercially exploit any content or materials made available on our Site, except as expressly authorized, in writing, by ASM management or the property owner.
Your access to ASM content is protected and for your personal use only. If you wish to use content belonging to ASM members, you must first ask and obtain permission from these members.
If you believe there is an infringement of yours or another's copyright, please contact us using our contact form.
5. Linking to ASM
You may provide links to ASM on your website or email without requiring our permission.
However, without our written permission, you may NOT:
You also agree not to damage, interrupt or interfere with our Service by employing viruses or other forms of technology that could harm our Service.
- Insert content from our site into a frame on your website.
- Use our trademarks as metatags on your website.
- Retrieve or collect ASM data, content or materials (either manually or with "bots") to create, directly or indirectly, a compilation, collection, database, directory or any similar aggregation of our content.
6. Third Party Content
While using our Service, you may access content from third parties directly from using our Service or by clicking on links that connect to third party websites ("Third Parties"). While we take reasonable care to bring you quality partners and content, we do not control third party content and can make no representations or warranties about it.
By using our Service, you agree that you may be exposed to third party content that is false, offensive or otherwise objectionable. ASM is not liable for third party content, including, without limitation, any errors or omissions or any loss or damage of any kind incurred as a result of using third party content that is posted, stored or transmitted via our Service. You are solely responsible for evaluating third party content and using it at your own risk.
E. Termination of Account
A Sound Match reserves the right to refuse or revoke membership at any time in its sole discretion. If you are found to violate any of these Terms, guidelines we set forth on our Site, or engage in behavior we deem is harmful to another person or entity, without notice, we may terminate your membership and all information and communications you have posted to or through our Service.
Without prior notice, we reserve the right to modify or discontinue, temporarily or permanently, any portion of our service without incurring any liability.
F. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF A SOUNG MATCH AND ITS PARTNER SITES IS AT YOUR SOLE RISK. A SOUND MATCH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
A SOUND MATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
A SOUND MATCH MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES A SOUND MATCH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A SOUND MATCH OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH A SOUND MATCH. A SOUND MATCH IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF A SOUND MATCH IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
A SOUND MATCH MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH A SOUND MATCH OR ANY TRANSACTIONS ENTERED INTO THROUGH A SOUND MATCH.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH A SOUND MATCH SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
A SOUND MATCH IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE A SOUND MATCH OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH A SOUND MATCH OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF A SOUND MATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THIS LIMITATION OF DAMAGES IS HELD UNENFORCEABLE, THAT BY REASON OF THE DIFFICULTY IN FORESEEING POSSIBLE DAMAGES, THE AGGREGATE LIABILITY OF A SOUND MATCH WILL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights. You may have other rights, which vary from state to state. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.
You agree to indemnify A Sound Match and its parents, subsidiaries, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of A Sound Match, the violation of these Terms by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
A Sound Match reserves the right, in our sole discretion, to control any indemnification action or proceeding and determine the terms of any settlement we may choose to enter.
H. Mediation and Arbitration
Any controversy or claim arising out of or relating to these Terms shall be submitted to mediation in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If this program is unavailable at the time of dispute, within 30 days, ASM will select another neutral mediation service providing mediators with at least ten years of experience in dispute resolution.
If mediation is not successful in resolving all disputes arising out of these Terms, those unresolved disputes shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the state of California. The arbitration award shall be final and judgment may be entered upon it by any court having jurisdiction thereof.
However, A Sound Match has the right to seek injunctive or other equitable relief in state or federal court location in San Francisco, CA to enforce these terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party irrevocably submits to the personal jurisdiction of the court.
I. Severability and Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
J. Legal Venue
This agreement shall be governed by the laws of the State of California in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
K. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.