1. Eligibility.

By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended SoundBarter members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your SoundBarter account (including Rating) and User name may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Term and Payment.

This Agreement will remain in full force and effect while you use the Web site and/or are a Member. All members are required to pay a membership fee according to the current pricing on the registration page. All memberships are recurring billing and are automatically renewed at the end of each billing term. You may terminate your membership at any time, for any reason by following the instructions in the Help section, or upon receipt by SoundBarter of your written notice of termination. SoundBarter may terminate your membership for any reason, effective upon sending notice to you at the email address you used to register or any updated email address you provide in your My Information section of the SoundBarter site. If SoundBarter terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 3, 4 and 7-11 of this Agreement.

3. Proprietary Rights in Content on SoundBarter.

SoundBarter owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of SoundBarter, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

4. Content Posted on the Web Site - Rules, Policies, and Disclaimers.

You agree, through your use of this Sound Barter service, that you will not use this web site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law. You agree not to post any copyrighted material unless the copyright is owned by you. We have provided powerful and well-organized email messaging on each detailed listing and in the My Listings and My Inquiries sections of My SoundBarter, expressly for communication between members. Consequently we require that members do not include information in their listings and messages that will circumvent the use of SoundBarter email messaging. Examples of such information would include, but is not limited to phone numbers, email addresses, physical addresses and web site URL’s. Although we do not and cannot review the listings and messages posted and are not responsible for their content, we do reserve the right to edit or delete any content for any reason whatsoever. You remain solely responsible for the content of your listings and messages, and you agree to indemnify and hold harmless SoundBarter and their agents with respect to any claim based upon hosting and transmission of your listings and messages. We at SoundBarter also reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any content posted by you. Please note that advertisements, chain letters, pyramid schemes, and solicitations are inappropriate on this site. Considering the real-time nature of this web site, it is impossible for us to review listings and messages or confirm the validity of information posted. Please remember that we do not actively monitor the contents of posted listings and messages and therefore do not vouch for or warrant the accuracy, completeness or usefulness of any listing or message, and are not responsible for their contents. The listings and messages express the views of their authors, not the views of SoundBarter or any entity associated with SoundBarter. Any user who feels that a posted listing or message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable listings and messages and we will make every effort to do so within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular listings or messages immediately.

5. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. SoundBarter can be reached at Sound Barter Corporation, 3100 NW 2nd Ave, Suite 404, Boca Raton, FL, 33431, USA.

6. Member Disputes.

You are solely responsible for your interactions with other SoundBarter Members. Sound Barter Corporation reserves the right, but has no obligation, to monitor disputes between you and other Members.

7. Privacy.

Use of the Web site and/or the Service is also governed by our Privacy Policy.

8. Disclaimers.

SoundBarter is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. SoundBarter is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. SoundBarter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. SoundBarter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will SoundBarter be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and SoundBarter expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SoundBarter cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.

9. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will SoundBarter be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if SoundBarter has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, SoundBarter’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SoundBarter for the Service during the term of membership.

10. Disputes.

If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State Florida, City of Miami-Dade.

11. Indemnity.

You agree to indemnify and hold SoundBarter, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

12. Other.

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and SoundBarter regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

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If you have any questions or concerns about these Terms of Use, the practices of the Web site, or your dealings with the Web site, you can contact us at info@soundbarter.com. You can also send us mail to: Sound Barter Corporation, 3100 NW 2nd Ave., Suite 404, Boca Raton, FL 33431, USA.