Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Push Tutorials, acceptance is expressly limited to these terms. You must be at least 18 years of age or older to make any purchases through this website.
Copyright Infringement and DMCA Policy
As Sounds and Gear asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SoundsandGear.com violates your copyright, you are encouraged to notify Sounds and Gear in accordance with Sounds and Gear’s Digital Millennium Copyright Act (“DMCA”) Policy. Sounds and Gear will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sounds and Gear will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sounds and Gear or others. In the case of such termination, Sounds and Gear will have no obligation to provide a refund of any amounts previously paid to Sounds and Gear.
This Agreement does not transfer from Sounds and Gear to you any Sounds and Gear or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sounds and Gear. Sounds and Gear, SoundsandGear.com, the SoundsandGear.com logo, and all other trademarks, service marks, graphics and logos used in connection with SoundsandGear.com, or the Website are trademarks or registered trademarks of Sounds and Gear or Sounds and Gear’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sounds and Gear or third-party trademarks.
Resale and/or Distribution
You are not allowed to resale, re-license, loan, copy, assign, rent, upload, download or distribute files purchased, downloaded, or streamed from Sounds and Gear. These files and/or content are also not to be included in any other product without prior written consent from Sounds and Gear LLC
Sounds and Gear reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Push Tutorials may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Sounds and Gear may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SoundsandGear.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Sounds and Gear if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Sounds and Gear’s notice to you thereof; provided that, Sounds and Gear can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Sounds and Gear and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sounds and Gear nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Sounds and Gear, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sounds and Gear under this agreement during the twelve (12) month period prior to the cause of action. Sounds and Gear shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Sounds and Gear, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Sounds and Gear and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sounds and Gear, or by the posting by Push Tutorials of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kansas, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Shawnee County, Kansas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Topeka, Kansas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent.
Like most website operators, Sounds and Gear collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Sounds and Gear’s purpose in collecting non-personally identifying information is to better understand how its visitors use its website. From time to time, Sounds and Gear may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Gathering of Personally-Identifying Information
Certain visitors to Sounds and Gear’s websites choose to interact with the site in ways that require the gathering personally-identifying information. The amount and type of information that Sounds and Gear gathers depends on the nature of the interaction. For example, we ask visitors who sign up at SoundsandGear.com to provide a username and email address. Those who engage in transactions with Sounds and Gear are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Sounds and Gear collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Sounds and Gear. Sounds and Gear does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Credit Card Information
Sharing and Usage
We will never share, sell, or rent individual personal information with anyone for their promotional use without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.
Like many other Web sites, SoundsandGear.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Cookies and Web Beacons
If Sounds and Gear, or substantially all of its assets, were acquired, or in the unlikely event that Sounds and Gear s goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Sounds and Gear may continue to use your personal information as set forth in this policy.