Creative Sound Design (“CSD”) provides you access to the therecordist.com Website (the “Site”) and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below (the “Terms and Conditions”). If you do not agree with any of the Terms and Conditions, DO NOT USE THIS SITE. Your continued use of this Site evidences your agreement to be bound by each of the Terms and Conditions and constitutes a legally binding contract between you and CSD.
THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT CSD TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. YOU MAY NOT USE THIS SITE IF SUCH USE IS PROHIBITED BY YOUR JURISDICTION.
The Recordist is a library of sound effects created by Creative Sound Design. therecordist.com is the official web site of The Recordist. The Site is dedicated to providing Sound Effects users with news, features, and other information for maximizing their creative talents and tools.
All text, graphics, multimedia content or other material available from the entry point URL http://www.therecordist.com and pages within that domain, all sub-domains and sub-directories under that domain, and all related code, including but not limited to films, images, text, ideas, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site (“Material”) are the property of Creative Sound Design and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Creative Sound Design or by other parties that have licensed their Material to CSD. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and print one single permanent copy to be used by you for your personal, noncommercial use, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of CSD for any other use of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any of the Material on any other Web site or computer environment is strictly prohibited. You may not frame any portion of the Site. You may not hyperlink directly to any Material or page of the Site other than the entry point URL http://www.therecordist.com. Any link to the entry point URL must not portray CSD, its subsidiaries or its affiliates, or their respective officers, directors, agents, principals, sponsors, employees, and other partners, their products, or The Recordist in a false, misleading, derogatory, or otherwise offensive manner.
“The Recordist” and other CSD marks that may appear on the Site (“Marks”) are the service and trademarks of CSD. All other trademarks, service marks and logos used on this Site, with or without attribution, including, but not limited to, “Creative Sound Design” and “The Recordist” are the trademarks, service marks and/or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written permission of CSD. CSD does not grant and is not granting you a license to any of the trademarks, service marks or logos on the Site, whether owned by CSD or third parties.
LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
This Site contains links to pages on other sites, and those sites may offer products and/or services for sale (“Linked Sites”). You acknowledge and agree that CSD has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites do not constitute an endorsement by CSD of the sponsors of such Linked Sites or the content, products, advertising or other materials presented on the Linked Sites. CSD does not author, edit or monitor these pages. You acknowledge and agree that CSD is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on the Linked Sites.
CSD WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES. CSD IS NOT AND WILL NOT BE RESPONSIBLE FOR (1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, (2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR PRODUCTS AND SERVICES, (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES, OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY’S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE CSD (AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PRINCIPALS, SPONSORS, EMPLOYEES AND OTHER PARTNERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.
In order to access and use the Site, you agree that you will not (1) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (2) use CSD’s name, URL, trademarks, server, or other materials or the name “Creative Sound Design,” “The Recordist,” “therecordist.com,” or any variation thereof, in connection with, or to transmit, any unsolicited communications or “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users.
ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CSD DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.
IN ADDITION, CSD DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CSD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODCUTS OR SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CSD) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL CSD BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CSD, ITS PARENT, ITS SUBSIDIARIES, ITS AFFILIATES OR ITS LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PRINCIPALS, SPONSORS, EMPLOYEES AND OTHER PARTNERS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
TERMINATION OF THE SITE
CSD reserves the right to withdraw, suspend or discontinue at any time and from time to time any Materials, information, Artwork, content, or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice.
CSD may, in its sole discretion, terminate your use of the Site and your registration with the Site for any reason, including, without limitation, if CSD believes that you have breached these Terms and Conditions of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by CSD from its offices within the State of Idaho, U.S.A. CSD makes no representation that any materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Idaho by CSD.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho, as it is applied to agreements entered into and to be performed entirely within Idaho and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by CSD, you, or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in Bonner County, Idaho.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions.
Any delay or failure on the part of CSD to enforce any rights under these Terms and Conditions of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
CSD reserves the right to change or modify these Terms and Conditions of Use at any time. These Terms and Conditions of Use shall not be modified except in writing, as posted on this Site by CSD. Any change or modification made by CSD will be effective immediately upon posting on the Site and your continued use of the Site means that you have accepted any changes or modifications made by CSD.