Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE soundgenerator.com, WEBSITE (the "Site"). This Site is fully controlled and operated by soundgenerator International Ltd, registered in England under registration no. 3970203 ("Soundgenerator Int Ltd" or "soundgenerator.com" or "us"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of soundgenerator.com (the "Agreement"). Please note that this Site and the Services (as defined below) offered are only open to users 13 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site. By registering for this Site, you will automatically be registered to use soundgenerator.com's member services including but not limited to message boards, message boards, R&D, competitions and customised, exclusive content (collectively, the "Services"). We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on October 28th, 2003.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of soundgenerator Int Ltd and/or its subsidiaries, affiliates or assigns or soundgenerator.com's licensors or other respective owners and are protected, without limitation, pursuant to U.K. and foreign copyright, trademark and other applicable laws. 

Soundgenerator Int Ltd hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for non-commercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of soundgenerator.com. Use of soundgenerator.com and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not modify the Material in any way. Any unauthorised or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.

Termination of the Services

soundgenerator Int Ltd may terminate the Services at any time with or without cause. Soundgenerator Int Ltd shall not be liable to user of any other party for termination of the Services. If user should object to any of the terms and conditions of the Services, user may 1) discontinue use of the Services or 2) cancel his/her membership to the Services by sending an email from the email address submitted during registration to remove@soundgenrator.com.

soundgenerator.com will send a confirmation when the user's account is deleted upon termination of the Services, soundgenerator.com will have no further obligation thereafter to forward any unread or unsent messages to user or any other party.

Disclaimer and Limitations of Liability

soundgenerator Int Ltd is not liable for failure to monitor or edit messages sent over the Services. soundgenerator Int Ltd does not endorse the content of users' communications and does not assume liability for any threatening, libellous, obscene, harassing or offensive material contained therein, User is responsible for maintaining the confidentiality of user's passwords and for all activities which occur under user's account.

COMMUNITY STANDARDS, SUBMISSIONS & POSTINGS

To the extent that portions of this site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the "Posting(s)"), please be advised that Postings do not necessarily reflect the views of soundgenerator Int Ltd. In no event shall soundgenerator Int Ltd assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site. 

By submitting a Posting, you authorise soundgenerator.com to use, and authorise others to use, such Postings in whole or in part, throughout the world in perpetuity in any and all known or unknown media. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libellous or otherwise unlawful information that may infringe upon the right of any third party. Without limiting the foregoing, soundgenerator Int Ltd will have the right to use and change the Postings in any manner that we may determine. Please be advised that in no event shall soundgenerator Int Ltd assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on soundgenerator's website, affiliated television programming services or elsewhere. 

You agree to defend, indemnify and hold soundgenerator Int Ltd it parent, affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder. 

The soundgenerator.com bulletin boards may be used for non-commercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although soundgenerator.com monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Soundgenerator.com will, however, make every effort to ensure that the bulletin boards best serve the interests of all users and. Therefore, we reserve the right to refuse to post, edit, or delete messages or any Postings that violate the above-referenced Rules of Participation or Terms and Conditions of this Site, as well as revoke the privileges of users who do not comply with such rules or block specific IP addresses and delete user's password and username. 

If you believe that any information provided on this Site violates the Rules of Participation, Terms of Use of this Site, or otherwise infringes upon the rights of any third party, please send us e-mail.

CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES

Any competitions, promotions, prizes or other give-aways offered by soundgenerator International Ltd from this Web Site ("Competitions") are only open to individuals who are aged 18 or over except for employees (and their families) of any soundgenerator company or anyone else connected with the Competitions ("Entrant(s)"). 

Any entrants under the age of 18 must obtain parental permission to enter any Competitions on the Web Site. Soundgenerator.com reserves the right to refuse to provide any prize to a winner who is under the age of 18 where it cannot provide by law the specific prize to such winners under the legal age. 

All Entrants must register for the relevant Competitions by giving their correct name and address together with their e-mail address. By registering for the relevant Competitions, you acknowledge that you have read and agree to the provisions contained in the competition rules. In accordance with the Data Protection Act 1998, you acknowledge that in the course of entering any Competition on this Web Site, certain personal information or data about you will be captured electronically or otherwise and transmitted to soundgenerator.com. By entering into any Competition, you expressly agree to transfer such personal information or data to soundgenerator.com to use, store and process the personal information for the purposes of such Competition on this Web Site. 

By registering for any Competitions, agree to the use of your name and for publicity material in any soundgenerator.com transmission. 

Unless specifically stated, no purchase is necessary to enter any competitions on the Web Site. Soundgenerator.com will not offer cash alternatives in whole or in part for any prizes offered. An Entrant may only win one prize per Competition. Entries to any competitions are limited to one per household. 

Prizes are allocated randomly from correct entries received unless otherwise stated in the Competition Rules on the Web Site. The Editors decision is final and under no circumstances will any correspondence be entered into. 

Winners will be notified by post or e-mail after the closing date given for the Competitions on the Web Site, when soundgenerator.com will give you details of how to claim your prize. No responsibility can be accepted by soundgenerator.com for the quality of product and/or suitability of material of any prizes provided by such third parties.

DISCLAIMER AND LIMITATION OF LIABILITY

This site and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Soundgenerator.com is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the information and material contained on this site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. To the fullest extent permissible pursuant to applicable law, soundgenerator Int ltd, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this site whether the material is provided or otherwise supplied by soundgenerator Int ltd or any third party. Notwithstanding the foregoing, in no event shall soundgenerator's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this site.

DIRECTORY SUBMISSIONS

You are solely responsible for the content of any submission you make to the soundgenerator.com industry and education directories. soundgenerator reserves the right to delete, move, or edit content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

You acknowledge that any information that you submit to us may be edited, removed, modified, published, transmitted, and displayed by soundgenerator.com and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

By submitting information to the Service, you hereby grant to soundgenerator International Ltd, its affiliates and related business partners the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold soundgenerator.com harmless for any liability arising due to the use or distribution of those materials. You further grant soundgenerator the right to use your name in connection with the reproduction or distribution of such material. soundgenerator, its affiliates and related entities do not accept unsolicited content or information for use in our directories except in connection with the message boards on the site.

HYPERLINKS TO THIRD PARTY SITES

The appearance of external hyperlinks does not constitute endorsement in any way by soundgenerator.com, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and Soundgenerator Int Ltd does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Soundgenerator Int Ltd is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Soundgenerator Int Ltd, its subsidiaries nor affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall Soundgenerator Int Ltd assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, Soundgenerator Int Ltd will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, soundgenerator Int Ltd, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

OUR PRIVACY POLICY

This site is part of the Soundgenerator International Ltd network of web sites. Your use of our site (Soundgenerator.com) signifies your acceptance of our privacy policy. Please note that Soundgenerator does not pass personally identifiable information of our users to unidentifiable Third Parties.

Soundgenerator take your privacy seriously. Therefore we aim to provide you with information on how we collect, gather, and identify information during your visit to our site. This information may be expanded or updated as we change or develop our site. We suggest that you review this policy from time-to-time for updated information. Your continued use of our site signifies your acceptance of our privacy policy.

Personally Identifiable Information refers to information that tells us specifically who you are, such as your name, phone number, email or postal address. In many cases we need this information to provide the personalised or enhanced service that you have requested.

The amount of Personally Identifiable Information that you choose to disclose to Soundgenerator is completely up to you. The only way we know something about you personally is if you provide it to us in conjunction with one of our services.

What information do we collect and how do we use it?

Soundgenerator collects information on our users in three ways: by your voluntary submissions (for instance, if you sign up as a member, or for our email newsletters) and/or surveys; Online Quiz's and/or contest entries; and through cookie technology. In our effort to provide personalization and opportunities for prizes and services, we may at times ask you to submit information such as your name or email address, or to share your interests and musical preferences with us. You never have to answer these questions, and you can decline this exchange of information on any site, at any time. Some site information, member services and online quiz's may however not be available to you, should you wish to withhold such information The information Soundgenerator collects is used in a variety of ways: for internal review; to improve the content of the site, thus making your user experience more valuable; to notify you about updates to the service; and to let you know about products and services that you may be interested in. 

E-Mail: If you have provided us your email address, Soundgenerator occasionally sends promotional e-mail to its subscribers about services offered by our company and its partners. You can indicate on the membership registration form that you do not wish to receive e-mail information from us.

With whom does Soundgenerator share the information it gathers/tracks?

From time to time we share this information with other reputable organisations for marketing purposes or the information is used by Soundgenerator to contact consumers for its own marketing schemes. As a valued consumer, we offer you the opportunity to "opt out", or request not to accept these marketing opportunities at the time you provide to us any of your personally identifiable information. If at any time you change your mind and do not want Soundgenerator to share your email address or home address with other companies and/or organisations, or would simply like to be removed from the list, please let us know by emailing us at: remove@soundgenerator.com or by writing us at Soundgenerator Int. Ltd, 72 Charlotte St., London W1T 4QQ or by phoning 020 7436 6665

FULL MEMBERSHIP / COMPANY SUBSCRIPTION

The following Terms and Conditions are applicable when buying a product or service through the soundgenerator.com website and are in addition to the basic membership and site usage terms and conditions that you agree to be bound by when first registered

Types of membership. People who register for the Soundgenerator.com Service or submit a company listing to the directory become "Members". They must be at least 13 years of age. The Membership divides between those who decide to pay our fee for a full annual membership (which we call "Full Members"), and those who do not. ("Standard Members").

Important Note: Full Membership. If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership with the defined benefits made available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership will last for twelve months. If you wish to continue with Full Membership after the expiry of that twelve-month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period, which it covers, the services, which it enables you to obtain, and other factors from time to time. However, these changes, unless they directly affect the services we offer you, will not affect your then-current Full Membership.

When providing details of a credit, debit or charge card you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges, which are deducted from it.

Operation of Soundgenerator.com Services. Soundgenerator.com reserves the right to withdraw or modify one or more aspects of the Soundgenerator.com Service where we have legal or technical reasons to do so (including technical difficulties experienced by Soundgenerator.com or on the Internet). There may also be times when the Soundgenerator.com Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information, which facilitates access to the Soundgenerator.com Service.

Misuse of Soundgenerator.com Service. We reserve the right (a) to suspend or terminate any Member's access to the Soundgenerator.com Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Soundgenerator.com Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Soundgenerator.com Service without our prior consent. You are responsible for everything which is done on or through the Soundgenerator.com Service while your Membership account is logged on to the Soundgenerator.com Service, or through your email address(es).

Fees

You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Soundgenerator.com Service.

Fees paid by a Full Member will not be rebated or refunded by Soundgenerator.com, unless the Soundgenerator.com Service for which the Full Member has subscribed is completely withdrawn from that Full Member by us other than in circumstances permitted under this Agreement.

Maximum liability. During any period of full membership the liability of Soundgenerator.com under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

ONLINE QUIZ

On an ongoing basis we organise an online Music Quiz, which is open to participation from our subscribed members. By participating in the contest or sweepstakes and answering any and all questions, the user understands that Soundgenerator and/or the involved company(s) may use the information obtained for marketing purposes.

Cookies

Soundgenerator may automatically collect non-personal information and data through the use of "cookies." Cookies are small text files a Web site uses to recognise regular users, facilitate the user's ongoing access to the site and facilitate the use of the site. "Cookies" also allow a site to track usage behaviour and compile site usage information that will allow for the improvement of content and target advertising.

ABOUT CHILDRENS PRIVACY & SAFETY

Soundgenerator is committed to the safety of children. We ask children under the age of 16 for parental permission before providing or exchanging any information to anyone online in our message boards. Also, the message boards are moderated by Soundgenerator staff. Although the boards are supervised, we can in no-way guarantee or accept responsibility for security and safety on our site for Children.

When you order products from us, we also collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address and a password. We collect this, and other information, as disclosed in this policy, in order to fill your order, to communicate with you about your order and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains. These changes will be automatically kept for future use. We use good faith efforts not to provide third parties with access to your individual account information, unless stated otherwise on the Site. We reserves the right to provide non-identifiable consumer data to third parties including, but not limited to, general statistics about pages viewed on our site, sales and other shopping information.

To remove your name or your child's name from the soundgenerator.com database list entirely including, but not limited to, registration for all of soundgenerator International Ltd websites: Send an e-mail to unsubscribe@soundgenerator.com with the following information in the text body of the e-mail form:

* Name

* Email address used to register

* Username (if applicable)

I have read and accepted soundgenerator.com's Terms of Use & Privacy Policy Proceed