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Welcome to PhatNoise.com. PhatNoise, Inc. ("PhatNoise") provides its services to
you subject to the following terms and disclaimer. PLEASE READ THE FOLLOWING
TERMS AND DISCLAIMER CAREFULLY BEFORE USING THIS PHATNOISE.COM WEB SITE (this
"site"). If you do not agree to the following terms and disclaimer, you may not
use this site. PhatNoise reserve the right, at any time, to modify or update
the following, and you agree to be bound by such modifications or updates.
Copyright Except as otherwise described in these Terms of Use, all content
included on this site, such as text, graphics, logos, button icons, interfaces,
images and software, and the compilation of all content on this site, is the
property of PhatNoise, Inc. or its content suppliers and is protected by U.S.
and international copyright laws. Permission is granted to electronically copy
and to print hard copy portions of this site for the sole purpose of placing an
order with PhatNoise. Any other use of content on this site not expressly
permitted by PhatNoise, including reproduction for purposes other than those
noted above, modification, distribution or republication, is strictly
prohibited. Use of the PhatNoise Music Manager software is governed by the
license agreement provided herein. Users are responsible for complying with all
applicable federal and state laws applicable to such content, including
copyright laws. PhatNoise reserve the right to refuse service and terminate
accounts in its discretion, including, without limitation, if PhatNoise
believes that user conduct violates applicable law or is harmful to the
interests of PhatNoise, its affiliates or other users, or for any other reason
in PhatNoise's sole discretion.
All trademarks, service marks and tradenames (collectively, the "marks")
including, without limitation, PHATNOISE, PHATNOISE CAR AUDIO SYSTEM, PHATBOX,
DIGITAL MEDIA STORAGE (DMS), PHATMAN, PHATMAN MUSIC MANAGER, PHATNOISE MUSIC
MANAGER, PHATNOISE MEDIA MANAGER, MOBILIZING THE DIGITAL REVOLUTION, DYNAMIC
PLAYLIST GENERATION TECHNOLOGY (DPGT), MORPHNOISE TECHNOLOGY AND DIGITAL TO
DIGITAL (D2D) TECHNOLOGY, and other PhatNoise graphics and logos, are
proprietary to PhatNoise. PhatNoise marks may not be used in connection with
any product or service that is not PhatNoise's, in any manner that is likely to
cause confusion among customers or in any manner that disparages or discredits
PhatNoise. All other trademarks not owned by PhatNoise that appear on this site
are the property of their respective owners.
User Reviews, Remarks and Comments
PhatNoise.com enable visitors to post their reviews, remarks, comments and
other content. If you post any such content, you grant PhatNoise a
non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such content throughout the world in any
media. You also grant PhatNoise and its sublicensees the right to use the name
that you submit with any such content. You represent and warrant that you own
or otherwise control all of the rights to any content that you post and that
use of your content by PhatNoise will not infringe upon or violate the rights
of any third party.
User Submissions
PhatNoise does not want to receive confidential or proprietary information from
you through this site or otherwise. Please note that any information or
material sent to PhatNoise over this site or in any other manner will not be
deemed to be confidential. By sending PhatNoise any information or material,
you grant PhatNoise an unrestricted, irrevocable license to use, reproduce,
modify, adapt, publish, translate, create derivate works from, distribute and
display such information or material, and you also agree that PhatNoise shall
for any purpose be free to use any concepts, ideas, know-how or techniques that
you send to use.
The information, services, products and material contained in this site,
including, without limitation, text, graphics and links, are provided on an "as
is" basis with no warranty. To the maximum extent permitted by law, PhatNoise
disclaims all representations and warranties, express or implied, with respect
to such information, services, products and material, including, without
limitation, any and all warranties or merchantability, fitness for a particular
purposes, title, noninfringement, freedom from computer virus and implied
warranties arising from course of dealing or course of performance. In
addition, PhatNoise does not represent or warrant that the information and
materials accessible via this site are accurate, compete or current.
Limitation of Liability
In no event shall PhatNoise or any of its affiliates or licensors be liable for
any damages, including, without limitation, special, indirect, incidental,
exemplary, punitive or consequential damages, or any damages whatsoever
resulting from access or use, or inability to access or use this site or
arising out of any information, materials or recommendations on this site,
whether in an action under contract, negligence or any other theory, even if
PhatNoise has been previously advised of the possibility of such damages.
Links to Third Party Web Sites
Some of the links on this site will let you leave our site. The linked sites
are not under the control of PhatNoise, and PhatNoise is not responsible for
the contents of any linked web site or any link contained as a linked web site
or any changes or updates to such web sites. PhatNoise is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by PhatNoise of the web site.
Applicable Law
This site is created and controlled by PhatNoise from its offices within the
State of California of the United States of America. As such, the laws of the
State of California govern these terms and disclaimer, without regard to, or
application of, any choice of law rules or principles. Those who choose to
access this site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
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