Sound Delivery Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain certain legal terms and conditions that you agree to when you use the digital voice recording service provided to you by Sound Delivery, a division of Sound Beginnings, Inc.
By using our Sound Delivery Service you agree to be bound by Part A of these Terms, which contains provisions applicable to all users of our Sound Delivery Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Sound Delivery Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording in our Part B of these Terms.
PART A: Provisions applicable to all Users of the Service
The Sound Delivery Service is operated by Sound Beginnings, Inc., a company incorporated under the laws of the State of New York.
Sound Beginnings, Inc. is also referred to in these Terms as “we” and “us.”
2) Purpose of the Sound Delivery Service
Sound Delivery offers customers the opportunity to record messages via a telephone. These messages are then converted to digital files and stored on a registered user’s account page within the Sound Delivery web site. The digital files are also available for download and storage on a third-party server, hard drive, MP3 player or other digital file device.
Sound Beginnings, Inc. uses reasonable endeavors to ensure that the Sound Delivery Service is available 24 hours a day 7 days a week. However, there will be occasions when the Sound Delivery Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Sound Beginnings, Inc. Every commercially reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Sound Beginnings, Inc. You agree that Sound Beginnings, Inc. shall not be liable to you for any modification, suspension, or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.
All brand, product and service names used in this Sound Delivery Service, which identify Sound Beginnings, Inc., Sound Delivery, and Sound Beginnings are proprietary marks of Sound Beginnings, Inc. and/or the relevant third parties. Nothing in this Sound Delivery Service shall be deemed to confer on any person any license or right on the part of Sound Beginnings, Inc. or any third party with respect to any such image, logo or name.
Except as otherwise provided, Sound Beginnings, Inc. and its licensors own all patents, copyrights, trademarks, trade dress, trade secrets, database rights and all other proprietary rights in and to the Sound Delivery Service, the Sound Delivery website and all content therein. You may not reproduce, publish, distribute copies of or produce derivative works based on the Sound Delivery Service, the Sound Delivery website or any content therein (including by photocopy or reproduction or storage in any medium or by any electronic or digital means) without the express, written permission of Sound Beginnings, Inc. Registered users of Sound Delivery Service and any third party who accesses the Sound Delivery Service using a registered user's account grant to Sound Beginnings, Inc. an irrevocable, non-exclusive, royalty-free rights and license to use, reproduce, distribute, perform by means of digital audio transmission and produce derivative works based on any message, recording or other content provided by them to Sound Beginnings, Inc.
7) External Links
From time to time Sound Beginnings, Inc. may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Sound Beginnings, Inc. is not liable for any loss or damage that you may suffer using other websites.
8) Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a user, we shall notify you of any material changes to these Terms by email sent to the address you have provided Sound Beginnings, Inc. for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
9) Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.
10)Disclaimer of Warranty and Limitation of Liability.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SOUND DELIVERY SERVICE, CREATIVE BABY INC’S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITIATION, THE WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Sound Beginnings, Inc. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SOUND DELIVERY SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SOUND DELIVERY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF DIGITAL CONTENT, AND THE UPLOAD OF ANY MATERIAL THROUGH THE SOUND DELIVERY SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNTITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE CREATIVE BABY’S SITE OR THE SOUND DELIVERY SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SOUND DELIVERY SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SOUND DELIVERY SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF Sound Beginnings, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Sound Beginnings, Inc.’S LIABILITY IS LIMITED AND WARRANTED ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00
You agree not to use the Sound Delivery Service:
a) For any unlawful purposes;
b) To upload, post, record, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c) To upload, post, record, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Sound Beginnings, Inc.;
d) To attempt to upload recordings by any method to another user’s account without permission;
e) To upload, post, email or otherwise transmit any material which is likely to cause harm to Sound Beginnings, Inc. or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Sound Delivery Service which may cause any defect, error, malfunction or corruption to the Sound Delivery Service;
f) To transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
g) To impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
h) To collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Sound Delivery Service or to solicit or attempt to discover a user’s password, user name or other registration information without the user’s express knowledge or consent.
You further agree that you shall not:
i) Interfere with or disrupt (attempt to interfere with or disrupt) this Sound Delivery Service or servers or networks connected to this Sound Delivery Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Sound Delivery Service;
j) Provide any information to Sound Beginnings, Inc. that is false or misleading, that attempts to hide your identify or that you do not have the right to disclose; or
k) Resell the Sound Delivery Service or any portion of the Sound DeliveryService.
You understand and agree that you are personally responsible for your behavior in connection with the Sound Delivery Service. You agree to indemnify, defend and hold harmless Sound Beginnings, Inc., its and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Sound Delivery Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of (a) messages, recordings or other content you or any other person who accesses the Sound Delivery Service using your account post to the Site or submit through the Sound Delivery Service, (b) misuse of the Sound Delivery Service by you or any other person who accesses the Sound Delivery Service using your account, (c) any violation of these Terms of Service of (d) any violation of any rights of a third party.
These Terms constitute the entire agreement between Sound Beginnings, Inc. and you with respect to your use of the Sound Delivery Service. Sound Beginnings, Inc.’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about the Sound Delivery Service please contact Customer Service (link).
Part B: Additional Provisions Applicable to Registered Members and Customers
In addition to the provisions of Part A of these Terms, the following provisions shall apply to registered members and customers of the Sound Delivery Service.
To purchase from or register as a member of the Sound Delivery Service you must be 18 years or over.
You agree that the information that you provide us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially import with respect to your email address, since that is the primary way in which we will communicate with you about your account.
When you register as a user you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Sound Beginnings, Inc. immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
You will be provided with a unique and secure account code through which to access and maintain the recordings. As you will be responsible for all activities that occur under your account, you should keep your account code confidential. Should you choose to share your account code with a third-party, you will insure that such third party has read, understood and agree to these Sound Delivery terms of Service and you will be responsible for subsequent account usage by that third-party. You must notify Sound Beginnings, Inc. immediately of any unauthorized use of your account code.
Sound Beginnings, Inc. provides free online storage to its users for a period of 6 months from the initial registration of the account code. After the 6 month period has elapsed, we may delete the recordings stored within your account. You should keep a copy of each recording that you create in a secure place. We are not responsible for deleted files or recordings.
In addition, if your account becomes in active for a period of 24 months, Sound Beginnings, Inc. may, at its option, terminate access to the account altogether (including deletion of any account information held by Sound Beginnings, Inc.) We may change this policy at any time, upon reasonable notice to you.
19)Pricing and Product Information
All prices are stated in U.S. dollars and are valid until altered by us. Prices are subject to change prior to our acceptance of your order. In the event that you order the Sound Delivery Service and the price published was incorrect, Sound Beginnings, Inc. will contact you to let you know the correct price and ask you whether you still wish Sound Beginnings, Inc. to fulfill your order at the correct price.
20)Monitoring of Content
Sound Beginnings, Inc. does not control the content of members’ accounts and does not have any obligation to monitor content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Sound Delivery Service.
21)Special Admonitions for International Use
Recognizing the global nature of the Sound Delivery Service, you agree to comply with all local rules regarding online conduct and acceptable Content.