Through its Web properties, Whisper Audio provides access to several resources, including audio tools, software and product information (collectively "Services"). The Services, including any updates, new features, and/or any new Web properties, are subject to the TOU.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not edit, duplicate, distribute, transmit, display, perform, copy, publish, re-license, create derivative works from, transfer, or rent, lease or sell anything obtained from the Services.
See the Privacy Statement for information relating to the protection of your personal information.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to use within one of Our Services ("Software") is copyrighted work of Whisper Audio and/or its suppliers. Use of the Software is governed by the terms of the user license agreement which accompanies the Software ("License Agreement"). A user will be unable to use any Software that is accompanied by a License Agreement, without first agreeing to the License Agreement. The Software is available solely for use by end users according to the License Agreement. Any duplication or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WHISPER AUDIO MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ITS SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Some of our Services require you to open an account, in which case you must complete the registration process by providing us with the correct information requested by the appropriate registration form. You will choose a password and a user name. You are solely responsible for the confidentiality of your user name, password and account. You are solely responsible for all activities that occur under your account. You agree to notify Whisper Audio immediately of any unauthorized use of your account or any other breach of security. Whisper Audio will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by Whisper Audio or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms. Whisper Audio prohibits using the Services or any technology: (i) to advertise substances, services, products or materials that are illegal in any state or country; (ii) in any way that violates any policy posted on any Whisper Audio Property, as revised from time to time; (iii) to engage in any illegal or fraudulent business practice under the laws of any state or country; (iv) to reverse engineer, de-compile, or disassemble the Software; (v) to sell, rent, lease, or lend any username and/or passwords assigned to you by Whisper Audio to any third party; (vi) to perform any unauthorized transfer of information (including but not limited to the transfer of files in violation of a copyright); (vii) to reproduce any part of the Software, including without limitation, graphical representations or photographic images; (viii) to display, publish or submit any abusive, obscene, defamatory, inaccurate, infringing, or threatening content; (ix) to display, publish or submit any content that violates any US Federal, State, or Local Law; (x) to assist any other person or entity to violate any law in any state or country; (x) to send bulk email ("spamming"); (xi) to publicise pornography and/or sex-related media. COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
You agree to indemnify and hold Whisper Audio harmless for any claims, damages, proceedings, losses, costs and/or expenses (including attorneys fees and expenses) arising in connection with your breach of this agreement or any act or omission on your part in using the Software. Whisper Audio shall not be required to indemnify or hold you or any third party harmless in connection with this Agreement or the Software.
The Software is protected by copyright law and international treaty. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software remains the exclusive property of Whisper Audio and you will not acquire any rights to the Software except as expressly set forth in this license.
The invalidity of any provision of these Terms as determined by a court of competent jurisdiction shall in no way invalidate any other provision hereof. These Terms will be governed and interpreted in accordance with the laws of England. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England. Nothing herein shall be construed to create an employer-employee relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Section. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understanding, whether written or oral. Except as set forth above, no amendment, extension, or change of the Agreement shall be binding unless it is in writing and signed by all of the parties hereto. Failure of Whisper Audio to enforce its rights pursuant to this Agreement shall not constitute a waiver of such rights, and shall not prejudice Whisper Audio in any later enforcement of its rights or rights to seek damages therefrom.
© 2003 Whisper Audio. All Rights Reserved.