Terms of Sevice

Effective Date: 01/06/2021

 

PureSound Network Ltd. Terms and Conditions

 

NOTE: This is a legally binding agreement you are entering to

 

 

1. About PureSound Network Ltd.

 

PureSound Network Ltd. is a company incorporated in England and Wales. The Networking Website/App is operated in the UK ("PureSound Network Ltd," "we," "our," "us") to provide Artists/Musicians (“Subscribers”) and Consumers/Visitors (All referblack to as “USERS”) with a platform through which they can find work; promote themselves; be searched by industry professionals; and browse project listing information.

We provide a range of content hosting to allow Artist/Musician (“Subscriber”) connect with

music publishing companies (TV, film & Commercials), producers, managers, booking managers, agents, live venues, private events, music casting directors

and other professionals rendering professional services in entertainment enterprises (Consumers/Visitors).

PureSound Network Ltd does not engage in any activity such as procuring, offering, promising or attempting to procure employment or engagements for artists.

The PureSound Network Ltd Networking Website/App (“Platform”) offers features, content, functionality and other services ("Services").

These Terms and Conditions apply solely to the Platform in the UK.

 

A "Consumer/Visitor" is someone who accesses and browses through the Platform. A “Subscriber” is someone who has subscribed with the “Platform”. Valid and accurate completion of the subscription process leads to "Subscription Account." Consumers/Visitors and Subscribers are referblack to collectively as "Users."

 

2. Scope

You agree that, by submitting and subscribing to the Platform, or by accessing, viewing, using the Platform or Services, and/or by clicking "I Accept" during the submission/subscription process, you are entering into a legally binding agreement with PureSound Network Ltd, (Company Number 11688912) whose registered office is at Red Lion Yard, Odd Down, Bath, Avon, United Kingdom BA2 2PP, based on the terms of our Terms and Conditions and our Privacy Policy available on Platform (incorporated as the "Agreement"), and such other legal notices as may be posted on the Platform from time to time. The legally binding terms of the Agreement set out your rights, obligations, and restrictions regarding your use of our Platform.

 

In order to use or purchase certain Services or specific portions of the Platform, you may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressed, those additional terms are hereby incorporated into this Agreement. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and Conditions and any additional terms posted for or applicable to a specific Service or portion of the Platform, the additional terms shall control with respect to your use of such specific Service or portion of the Platform.

By becoming a User, you acknowledge that you have read and understood the Terms and Conditions of this Agreement, including our Privacy Policy available on the Platform, and that you agree to be bound by all of its provisions.

 

3. Applicable laws and updates to this Agreement

You are only authorized to use the Platform if you agree to abide by all applicable laws and this Agreement, and any time to time amendments.

We may change or update these Terms and Conditions from time to time, with or without notice, and any such changes shall be effective upon posting on the Platform. Your use of our Platform after a change has been posted signifies your agreement to any such changes. You should review the Agreement periodically to make sure you are up to date on any changes.

We use your personal information in accordance with our Privacy Policy and in accordance with applicable data protection laws including, but not limited to, the General Data Protection Regulation 2016/679 (“GDPR”) and any other applicable UK and European data protection laws (together with the GDPR the “European Data Privacy Laws”) and any other applicable data protection laws (together with the European Data Privacy Laws the “Data Privacy Laws”).

 

4. Eligibility for subscription and ability to accept Terms and Conditions

To be eligible to subscribe to and/or use our Platform, you must meet the following criteria:

-       are of the age of majority in your country of residence or

-       are the Adult Subscriber (as defined in “Special Note About Minors”) subscribing on behalf of a minor;

-       are not currently restricted from using the Services or not otherwise prohibited from being a User;

-       have full power and authority to enter into this Agreement

-       will respect and not violate any rights of PureSound Network Ltd, including copyrights, trademark rights, and other intellectual property rights; and

-       are solely responsible for any and all equipment, software, and Internet access necessary to use the Platform and any associated costs.

 

During the subscription process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number (collectively, “Subscription Information”). We use your personal information in accordance with our Privacy Policy and in accordance with applicable data protection laws including, but not limited to, the General Data Protection Regulation 2016/679 (“GDPR”) and any other applicable UK and European data protection laws (together with the GDPR the “European Data Privacy Laws”) and any other applicable data protection laws (together with the European Data Privacy Laws the “Data Privacy Laws”).

 

By using the Platform, you represent and warrant that:

-       all Subscription Information you submit is truthful, accurate, current and complete;

-       you will maintain the accuracy of such Subscription Information by updating and revising it promptly;

-       and your use of the Platform does not violate any applicable law or regulation. You also represent and warrant that all personal information that you provide to us through the Platform or otherwise is collected by you or on your behalf and disclosed to us in full compliance with the applicable Data Privacy Laws  including, as required by such Data Privacy Laws, with the comprehensive consent from or comprehensive data processing information provided to the  relevant individuals whose personal information is provide to us.

 

In the event you are providing a Subscription Information on behalf of a minor Subscriber you warrant and represent that you have full authority to represent such Subscriber and provide us with the Subscription Information and any other personally identifying information of such Subscriber, including a valid parent/guardian authorization where required by law.

 

You authorize PureSound Network Ltd to make any inquiries, either directly or through third parties, that we consider necessary to validate your Subscription Information. PureSound Network Ltd. reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Subscription established using such information. Notwithstanding the foregoing, you acknowledge that PureSound Network Ltd. cannot guarantee the accuracy of any information submitted by any User of the Platform, including any identity information about any User.

 

  “Special note about minors”

We do not allow Subscribers who are under the age of majority in their country of residence (a “minor”) to directly establish their own profiles on the Platform. All Users who are minors may only post profiles on the Platform if they are represented by an adult parent or legal guardian who has subscribed on their behalf and who maintains the profile on their behalf (“Subscribing Adult”). Subscribing Adult has the obligation to provide to us evidence of such guardianship. We reserve the right to add special protections, including to track and record visits/views, for the profiles and/or accounts of Users who are minors for security purposes.

 

5. Privacy

You must agree to our Privacy Policy available on the Platform before becoming a User. We may update our policies from time to time at our sole discretion. By accepting our Privacy Policy, you acknowledge and agree that you have given your consent for us to hold your submission of any information, statements, data, and content, and that any submission of personal information to us is voluntary on your part and subject to our Privacy Policy.

Additionally, by using the Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

PureSound Network Ltd. is NOT responsible for any third party’s misuse of any content or information you transmit or post on the Platform.

 

6. Membership security and unauthorized use

PureSound Network Ltd. has provided appropriate security measures on the Platform to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way. However, you are fully responsible for all activities conducted through your Subscription. During the subscription process, you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree NOT to use another Subscriber’s account or password at any time, not to let an unauthorized third party use your Subscription Account, and not to disclose your password information to any unauthorized third party. Your disclosure of your password to any other person is entirely at your own risk.

 

7. Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your Subscription and Profile Information and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to:

-       comply with legal process including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;

-       enforce this Agreement;

-       respond to claims of a violation of the rights of a third party, whether or not such third party is a User, individual, or government agency;

-        respond to customer service inquiries; or

-       protect the rights, property, or personal safety of Platform, our Users or the public.

 

8. Fees

You agree that we reserve the right to charge for use and/or access to some or all aspects of our Platform. If you subscribe to our Platform for the fee we offer, either on a monthly or yearly subscription basis (“Subscription Fees”), you agree that PureSound Network Ltd. (or its authorized service providers) may store your payment card information, in accordance with our Privacy Policy. You also agree to pay the applicable Subscription Fees (including, without limitation, periodic fees for paid accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your Subscription.

However, if your Subscription is terminated per Section 17 on “Suspension and Termination” as a result of your breach of this Agreement (including failure to pay fees when due), your access will be terminated with or without notice and you shall not be entitled to the refund of any unused portion of fees.

 

9. Access to and use of the Platform

    Ability to access

Subject to your compliance with this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable right to access, view information and use the Platform through a generally available web browser or mobile device (but not through scraping, spidering, crawling or other technology or software used to access or harvest data without the express written consent of PureSound Network Ltd . We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Platform and all related items.

 

   Limitations on access

PureSound Network Ltd will allow you access to the Platform as it may exist and be available on any given day, and we have no other obligations, except as expressly stated in this Agreement. We have the right at any time for any reason or no reason to interrupt availability of some or all aspects of the Platform, suspend or terminate your Subscription per the section on “Suspension and termination”, terminate this Agreement, and/or modify, replace, refuse access to, suspend or discontinue any and all current or future access to and use of the Platform in whole or in part, or change or modify our fees for all or part of the Subscription Fees in our sole discretion, without notice or liability to you. Any such change shall be effective upon posting on the Platform or by direct communication to you unless otherwise noted.

You agree that PureSound Network Ltd. will not be liable for any interruption of the Platform, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement, you shall not be entitled to any refunds of fees for interruption of service or failure to perform.

PureSound Network Ltd. further reserves the right to withhold, remove and or discard any Content available as part of your Subscription/Profile account, with or without notice, if deemed by PureSound Network Ltd. to be contrary to this Agreement.

 

10. Notifications and service messages

PureSound Network Ltd. shall notify you of the messages, notifications and any changes to the Platform through an email sent to an email address provided by you and associated with your Subscription/Profile Account, even if we have other contact information.

You agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Platform.

 

11. Non-commercial use

The Platform is for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Platform, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Platform is prohibited. Commercial advertisements, affiliate and third-party links, and other forms of solicitation may be removed from Subscriber’s profiles without notice and may result in termination of Subscription Account, in our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Platform.

 

12. Links to Third Party Web Sites

The Platform may include links to third party web sites. You are responsible for any communication with, or any use or access to, or sharing any information between you and third-party website, and that you shall review their terms and conditions and/or privacy policy. PureSound Network Ltd. is not responsible for any communication between you and third-party website.

 

13. Content

You acknowledge that:

-       by using the Platform, you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, "Content");

-       and this Content includes Content owned or licensed by PureSound Network Ltd., or owned or licensed by Users.

You acknowledge that PureSound Network Ltd., and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferblack to you by mere use of the Platform. You accept full responsibility and liability for your use of any Content in violation of any such rights.

 

Please be advised that the content you upload to, or enter into your online CV is immediately available to Industry Professionals, and Consumers/Visitors the moment you save it. You are solely responsible for the content you post in your profile.

In the event that there is an issue with the platform and your profile is not made available to Industry Professionals and/or Consumers/Visitors within 60 days of your fee being paid, you will be entitled to a refund.

 

PureSound Network Ltd may choose, but has no obligation, to pre-screen or monitor the Platform for inappropriate Content or conduct at any time, and it may delete any Content that violates these Terms and Conditions, as determined by PureSound Network Ltd. in its sole discretion.

 

However, if PureSound Network Ltd chooses to pre-screen or monitor Content, PureSound Network Ltd. nonetheless assumes no responsibility for such Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You understand that when using the Platform, you will be exposed to Content from a variety of sources, and that PureSound Network Ltd. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PureSound Network Ltd. with respect thereto.

 

   Your ownership of Content

You retain copyright and other intellectual property rights with respect to your Content that you submit or transmit to or display on or through the Platform to the extent that you have such rights under applicable law.

By submitting, transmitting, or displaying your Content to or through any area of the Platform, you automatically grant (and you represent and warrant that you have the right to grant) to PureSound Network Ltd. a worldwide, sublicensable, assignable, perpetual, irrevocable, non-exclusive, fully paid-up and royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, modify and delete your Content solely in connection with the Platform.

 

You understand and agree that the license you grant to us above includes a right for us to make your Content available for viewing by other Users, and that, in performing the requiblack technical steps to provide the Platform to our Users, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks, in various media and to devices. This limited license does not grant PureSound Network Ltd. the right to sell or otherwise distribute your Content outside of the Platform.

Further, you agree to grant to PureSound Network Ltd a worldwide, sublicensable, assignable, perpetual, irrevocable, unlimited, non-exclusive, fully paid-up and royalty-free right and license to exercise the copyright, publicity, and database rights you have in your Subscription/Profile information, including any data or other information generated by your Subscription activity, in any media now known or not currently known, in accordance with our Privacy Policy.

You further understand and agree that: (a) you are solely responsible for understanding and complying with all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (b) you are solely responsible for, and PureSound Network Ltd will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Platform, including without limitation any legal consequences relating to your intellectual property rights; and (c) PureSound Network Ltd.’s acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of PureSound Network Ltd.’s intention not to require Users of the Platform to forego certain intellectual property rights with respect to Content they submit, transmit, or display, subject to the terms of this Agreement.

By providing Content to us, you represent and warrant that you own such Content or otherwise have the right to grant us the license set forth in this section; that the Content is accurate and not confidential; and the submission, transmission, posting and use of your Content on the Platform is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights).

You agree that, even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using the Platform, you do not own the Subscription Account you use to access the Platform, nor do you own any data Puresound Network Ltd. stores on PureSound Network Ltd.’s servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Platform or any rights to data stoblack by or on behalf of PureSound Network Ltd.

 

   Your use of Content

Content (including comments about Content, your profile and other topics on the Platform that are submitted by Users) available through the Platform is provided to you "AS IS" for your information and personal use only, and may not be used, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose other than as expressly permitted in these Terms and Conditions including, without limitation, to any Third Party Site and/or for any commercial purposes, except as permitted by the normal functionality of the Site/App without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Platform and Content.

You may access and use Content only as permitted under this Agreement, including, without limitation, complying with the User Code of Conduct. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site/App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein.

 

   Our ownership rights

All right, title and interest in and to the Platform is and will remain the exclusive property of PureSound Network Ltd and its licensors. The Platform is protected by copyright, trademark, patent, trade-secret and other laws of both the UK and the United States. Any feedback, comments, ideas, concepts or suggestions you may provide regarding the Platform is entirely voluntary, and we will be free to use such feedback, comments, ideas, concepts or suggestions for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.

 

14. Software use restrictions

You acknowledge that any software and related documentation that may be available to download from the Platform (the "Software") is a copyrighted work owned or licensed by a PureSound Network Ltd. (as defined herein), and that you do not acquire any ownership rights by downloading the software. You agree that your use of the Software is governed by the terms of the license agreement that accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or blackistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

 

15. User code of conduct

You have a nonexclusive, limited, revocable license to use the Platform while you are in compliance with this Agreement. You agree to abide by the rules of conduct set forth below and other rules prohibiting illegal and other practices that PureSound Network Ltd. deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this User Code of Conduct or any other part of these Terms and Conditions, including without limitation, removing the violating Content or communication from the Platform and terminating the Subscription Account of such violators with or without notice (as set forth in Section 17 “Suspension and Termination”).

 

     You agree that you shall:

-       Use the Platform in a professional manner;

-       Provide complete and accurate Registration Information to us and update it as necessary;

-       Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and regulatory requirements;

-       Review and comply with our Privacy Policy; and

-       Review and comply with notices sent by PureSound Network Ltd concerning the Platform

 

     You agree that you shall not:

-       Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights or violates any law or regulation;

-       Impersonate any person or entity without their consent, including, but not limited to, a PureSound Network Ltd employee, contractor, agent, or representative or falsely state or otherwise misrepresent your affiliation with a person or entity;

-       Transmit, post, or e-mail any misleading or false professional opportunities in your profile or elsewhere on the Platform;

-       Abuse the Platform messaging services;

-       Include information in your profile or elsewhere on the Platform that reveals your or any other individual’s identity or sensitive personal information or information that is confidential in nature, such as government identifiers like National Insurance/Social Security numbers, Tax ID/reference numbers, or NHS/Medicare numbers except where you have voluntarily provided it to us in the optional, designated fields for that information or where its collection is requiblack by law.

-       Create a Subscription Account/Profile for anyone other than a natural person except as expressly permitted by the terms of this Agreement;

-       Make unauthorized use of any trademarks, service marks, or logos owned by PureSound network Ltd including, without limitation, using a PureSound Network Ltd Trademark in any business name, email, or URL, or posting or displaying a PureSound Network Ltd Trademark on any website without express prior authorization;

-       Adapt, modify or create derivative works based on the Platform or technology underlying the Platform or Services, or any Content or other materials therein, in whole or part;

-       Utilize information, Content or any data you view on and/or obtain from the Platform on any Third-Party Site, including, without limitation, to provide any service that is competitive, in PureSound Network Ltd.’s sole discretion, with the Platform;

-       Attempt to or actually transmit or post a link to another website within your Subscription Account/Profile or anywhere else on the Platform

-       Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

-       Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

-       Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that PureSound Network Ltd considers in its sole discretion to be of such nature;

-       Interfere with or disrupt the Platform or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

-       Attempt to or actually override any security component included in or underlying the Platform;

-       Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other Services contained in the Platform;

-       Collect, use, rent, lease, trade, share or transfer any information, including but not limited to, personally identifiable information, obtained from the Platform or of non-Users, except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

-       Take any action or upload, post, e-mail or otherwise transmit Content or any other communication to another User that, as determined by PureSound Network Ltd in its sole discretion, causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; and

-       Stalk, abuse or attempt to abuse, or otherwise harass, as determined PureSound Network Ltd in its sole discretion, another User or any PureSound Network Ltd Party such as PureSound Network Ltd employee. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Subscription Account/Profile without notice; or

-       Engage in any other behavior that PureSound Network Ltd, in its sole discretion, deems contrary to its purpose.

 

   Preventing abuse

You agree that PureSound Network Ltd may take whatever steps it deems necessary to abridge, or prevent behavior of any kind on the Platform that violates this Agreement, in PureSound Network Ltd sole discretion, without notice to you.

PureSound Network Ltd has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography.

 

16. Interaction amongst Users (Subscribers, Consumers/Visitors); limitation of liability

PureSound Network Ltd provides a networking service platform amongst all Users (Subscribers, Consumers/Visitors) to interact. We do not control and/or regulate each and every aspect of the Platform, Subscribers’ and Consumers/Visitors’ (Users’) interactions with the Platform, or communications with each other on the Platform. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform.

You are solely responsible for your interactions with other Users.

 

As a condition of access to our Platform, you release PureSound Network Ltd. and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from 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 dispute you have or claim to have with one or more Users of the Platform.

 

17. Suspension and Termination

This Agreement shall remain in full force and effect while you use the Platform as a Subscriber. You may cancel your Subscription Account at any time, for any reason, by contacting us through this link: www.puresoundnetwork.com/contact. Termination of your Subscription Account will be effective upon the Platform processing your request. However, if you cancel your account and have paid a Subscription Fee in advance for a certain period of time, you will be permitted to access and use the Platform through that date.

 

PureSound Network Ltd may terminate or cancel this Agreement or your Subscription Account, at its sole discretion, at any time, with any or no reason, with or without notice in response to any violation of this Agreement (including without limitation, violating the User Code of Conduct). Such termination, or cancellation shall be effective immediately or as may be specified in any notice, and you understand and agree that you shall receive no refund or exchange for any unused time on a Subscription or Subscription Fees.

If PureSound Network Ltd terminates a Subscription Account, Subscriber may be permanently barblack from the Platform, in Puresound Network Ltd’s sole discretion, without recourse.  

 

18. Disputes

In the event a dispute arises between you and PureSound Network Ltd, both parties agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Platform (a “Claim”) in accordance with, and in all aspects by the governing laws of England and Wales without regard to conflict of law principles.

 

19. Disclaimers of warranty

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and, as a result, the contents of this section may not apply to you.

 

When using the Platform, you may accumulate Content that resides as data on PureSound Network Ltd.’s servers. This data, and any other data, Subscription history and User names residing on the Platform’s servers may be deleted, alteblack, moved or transferblack at any time for any reason in PureSound Network Ltd.’s sole discretion.

You acknowledge that, notwithstanding any copyright or other rights you may have with respect to Content you upload, transmit, display and/or create using the Platform, and notwithstanding any value attributed to such Content or other data by you or any third party, PureSound Network Ltd.  DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON PURESOUND NETWORK LTD’S SERVERS.

You understand and agree that PureSound Network Ltd.  has the right, but not the obligation, to remove any Content (including your Content) in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.

 

PureSound Network Ltd.  provides the Platform, your Subscription and all other Services strictly on an “AS IS” and “AS AVAILABLE” basis, provided at your own risk, and, to the fullest extent permissible under applicable law, PURESOUND NETWORK LTD HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, PureSound Network Ltd.  makes no warranty as to the quality, accuracy, completeness and validity of any information or content you access or receive in connection with the Platform or Services, or that your use of the Platform will meet your requirements. Do not rely on the Platform, any information therein, or its continuation. If you are dissatisfied or harmed by the Platform or anything related to the Platform, you may close your account and terminate this agreement in accordance with Section 17 on “Suspension and Termination” and such termination shall be your sole and exclusive remedy.

Puresound Network Ltd. is not responsible, and makes no representations or warranties for the delivery of any messages sent through the Platform to anyone. In addition, we neither warrant nor represent that your use of the Platform will not infringe the rights of third parties. Any material, service, or technology described or used on the Platform may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.

PureSund Network Ltd does not have any obligation to verify the identity of the persons subscribing to the Services, nor does it have any obligation to monitor the use of its Services by other Users; therefore, PureSound Network Ltd. disclaims all liability for identity theft or any other access to or misuse of your identity or information.

PureSound Network Ltd. does not guarantee that the Platform will function without interruption or errors in functioning, or be virus-free, or that any errors or defects on the Platform will be corrected. In particular, the operation of the Platform may be interrupted due to maintenance, updates, or system or network failures. PureSound Network Ltd disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, PureSound Network Ltd disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Platform due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.

 

20. Limitations of liability; indemnification

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and, as a result, the contents of this section may not apply to you.

IN NO EVENT SHALL THE PURESOUND NETWORK LTD PARTIES OR THEIR RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE PLATFORM OR SERVICES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE PLATFORM (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR SUBSCRIPTION ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT PURESOUND NETWORK LTD MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN ADDITION, YOU AGREE THAT IN NO EVENT WILL PURESOUND NETWORK LTD.’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR GBP ONE HUNDblack P0UNDS (£100.00), WHICHEVER IS GREATER.

You agree to defend, indemnify and hold harmless PureSound Network Ltd. for all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Platform and Services, (b) your failure to comply with this Agreement, including, without limitation, your submission of Content that violates third party rights or applicable laws, and (c) your Subscription.

 

21. Access from outside the United Kingdom, export control

This Platform is controlled and operated by PureSound Network Ltd. from its offices within the UK. PureSound Network Ltd. makes no representation that materials on the Platform or the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access this Platform or the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use this Platform or the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the requiblack authorizations from the appropriate government authorities.

 

23. General provisions

   Entire Agreement

This Agreement is accepted upon your access and use of the Platform and is further affirmed by you becoming a Subscriber and maintaining a Subscription Account. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding Platform and supersedes all prior agreements and understandings, whether written or oral.

   Survival to be eliminated or adapted

The terms of this Agreement shall survive any termination for any reason, except the following sections and subsections: Section 9 “Access to and Use of the Platform” and Section 16, Subsection “Interaction amongst Users”.

 

 No waivers

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

No consent or waiver by PureSound Network Ltd. under this Agreement shall be deemed effective unless deliveblack in a writing signed by a duly appointed officer of PureSound Network Ltd. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of PureSound Network Ltd shall be consideblack a breach of this Agreement if such default, delay, or failure to perform is shown to be due to causes beyond the reasonable control of PureSound Network Ltd.

  

Notices

Puresound Network Ltd. may give notice to you by means of a general notice on our Platform, at or after log-in to your Subscription account, by electronic mail to your e-mail address in our records for your Subscription/Membership.

All notices given by you, whether or not required under this Agreement, shall be sent through this link: https://puresoundnetwork.com/contact.

You may also refer any comments or questions to Puresound Network Ltd. using this email address.