The following Terms of Service (these "Terms of Service"), govern your access to and use of soundshaperzkitz services, including any content, functionality and services offered on or through https://soundshaperzkitz.com/terms (the "Site or website")
1. DEFINITIONS The term "us" or "we" or "our" refers to soundshaperzkitz, which operates the https://soundshaperzkitz.com/terms website (the "Site" or “Service”). The term “User” refers to the individual, company, business organization, or other legal entity using the Services and/or contributing Content to them. The Content the User contributes, submits, transmits and/or posts to or through the Site shall be referred to variously as “your Content”, “Content of yours”, and/or “Content you submit.”; All of the above definitions can be used in the singular and plural form (if applies).
3. USAGE/ ELIGIBILITY You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify soundshaperzkitz for any losses, costs or damages, including reasonable legal fees, incurred by soundshaperzkitz in relation to, or arising out of, such a breach. The legal age for use of the services shall be 16 years and above. soundshaperzkitz reserves the right to terminate any use of the service that doesn’t comply with usage requirement. We will also not be liable to you for any damage that might arise from person’s less than 16 who is found to use the services.
4. TERMS OF SERVICE Creating an Account. Creating an account is NOT required to enjoy the services we provide. You may optionally register an account with us. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
User’s Responsibilities. By using the Website, the User undertakes in particular to: not provide any unlawful content, including unlawful content that may adversely affect the security of the Website or harm other Users. not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; not use or attempt to use another user’s account without authorization from such user and soundshaperzkitz. not use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; not do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; not access any feature or area of the Sites that you are not authorized to access. not use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality. not to solicit information from users for illegal activities, to cause harm to people or property, or to scam others.
5. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS The Site may make available or provide links to third party website, content, services, or information (“Third Party Materials”). soundshaperzkitz does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the website does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
8. USER LICENSES You may access and use the Website and Services only in accordance with any instruction manuals, user guides and other documentation as made available by soundshaperzkitz from time to time (“Documentation”). This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; attempt to decompile or reverse engineer any software contained on soundshaperzkitz website; remove any copyright or other proprietary notations from the materials; or Transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by soundshaperzkitz at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
9. ASSIGNMENT OF THE CONTRACTUAL RIGHTS AND OBLIGATIONS As users of the platform, you agree and acknowledge that we may exercise at our sole discretion and we reserve the right to freely assign and/or transfer any or all of the rights and obligations described in this Agreement in connection to providing the service to you. You may not assign any of your rights and duties without our prior consent. Notwithstanding the foregoing provisions, this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
10 LIMITATION OF LIABILITY To the extent permitted under applicable law, under no circumstances shall we, our officers, directors, employees, parents, affiliates, successors, assigns, or licensors be liable to you or any other third party for any indirect, special, incidental, or consequential, exemplary or punitive damages of any type including, without limitation, damages for loss of goodwill, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations or costs of procurement of substitute goods or services, damages arising in connection with any use of the website or any and all other commercial damages or losses, arising out of or in connection with these terms. Notwithstanding anything to the contrary contained herein, in no event shall our total liability (including our officers, directors, employees, parents, and affiliates) for any claim arising out of or related to these terms, to the fullest extent possible under applicable law, exceed the amount paid if any, by you for the use of the services.
11. COMPLAINT PROCEDURE We have designed our service to be seamless and easily accessible. Should you have any complaint when using the platform, feel free to contact us. We will attend to your query immediately – no longer than 5 business days from the day we receive it.
12. DELETING THE ACCOUNT You may terminate these Terms and the license granted to you hereunder at any time by contacting us to delete the account. Deleting an account is tantamount to terminating the agreement. Any problems caused by account deletion, such as non-performance of User-to-User agreements, are the sole responsibility of the User requesting deletion. soundshaperzkitz without prejudice to any other rights we may have, may terminate these Terms and the license granted to you hereunder automatically without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to the site or services or to any feature available therein.
13. INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless soundshaperzkitz, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the soundshaperzkitz Parties”), from and against all actual or alleged soundshaperzkitz Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify soundshaperzkitz of any third-party Claims and cooperate with the soundshaperzkitz Parties in defending such Claims. You further agree that the soundshaperzkitz Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and soundshaperzkitz.
15. DISCLAIMERS. Your access to and use of the services and content provided on https://soundshaperzkitz.com/terms are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, and soundshaperzkitz are founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT. soundshaperzkitz make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from soundshaperzkitz or through the Services, will create any warranty not expressly made herein. The Services may contain links to third-party websites or resources. You acknowledge and agree that the soundshaperzkitz is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by soundshaperzkitz of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. No Provision of professional or expert advice. Your use of the platform is solely at your own risk. Nothing on the platform in the means of communication either directed personally or to the public at large, or any specific public, does not provide professional, legal, or financial advice to Users or any other individuals, and assumes no fiduciary duties of Users.
16. CHANGES If soundshaperzkitz decides to change these general Terms of Service, we will post the changed Terms of Service on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
17. GOVERNING LAW AND JURISDICTION This general Terms of Service in relation to the use of soundshaperzkitz is hereby governed by, and constructed and enforced in accordance with the laws of Delaware, United States. The competent courts in Delaware, United States shall have the exclusive jurisdiction to resolve any dispute between you and soundshaperzkitz.