Terms of use
Please read the following terms and conditions carefully before using this
site ("Site"). By using this Site, you agree to follow and be bound by the
following terms and conditions concerning your use of the Site ("Terms of
Use") and our Privacy Statement. We may revise the Terms of Use at any time
without notice to you. You may not access or use the Site should you not
want to be bound by these Terms of Use. The Terms of Use may be modified at
any time, and any such modification shall be effective immediately upon
posting of the modification. By your access and use of the Site you agree to
periodically review the Terms of Use and shall be conclusively bound by any
such future modifications.
Areas of the Site may have different Terms of Use posted. If there is a
conflict between these Terms of Use and terms of use posted for a specific
area of the Site, the latter shall have precedence with respect to your use
of that area of the Site.
PRIVACY
Please review our Privacy Statement, which also governs your visit to the
Site.
COPYRIGHT
Copyright 2001 A.C.T. sound eng. Ltd. All rights reserved.
All content included on this site, including, but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, html code, xml code, and icons, is property of A.C.T. sound eng. Ltd. and is licensed to A.C.T. sound eng. Ltd. for use (collectively, "A.C.T. sound eng. Ltd") and protected by Israel and international copyright laws. The compilation of all content on this Site is the exclusive property of A.C.T. sound eng. Ltd and protected by U.S. and international copyright laws. All software used on this Site is the property of A.C.T. sound eng. Ltd or its software suppliers and protected by Israel and international copyright laws.
LICENSES AND
IDEA SUBMISSIONS
A.C.T. sound eng. Ltd hereby grants you a limited, non-exclusive,
non-transferable license to download, view, copy and print documents and
graphics incorporated in these documents (the "Documents") from the Site
subject to the following conditions: (1) the Documents may be used solely
for personal, informational, and non-commercial purposes; and (2) the
Documents may not be modified or altered in any way. Except to the extent
permitted under copyright law, you may not otherwise use, download, upload,
copy, print, display, perform, post, reproduce, publish, license, transmit
or distribute any information from this Site in whole or in part without the
prior written consent of A.C.T. sound eng. or any third party that provides
information to the Site.
Visitors to the Site may post or transmit reviews, comments, communications, suggestions, questions, ideas, or other information or content (collectively, "Communications") subject to the "Prohibited Acts" described further below.
If you do post or transmit Communications, and unless A.C.T. sound eng. indicates otherwise, you grant A.C.T. sound eng. and its affiliates a nonexclusive, royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable right to use, reproduce, adapt, adopt, modify, translate, publish, distribute, and display such Communications throughout the world in any media. You also grant A.C.T. sound eng. and its affiliates and sublicensees the right to use the name that you submit in connection with such Communications as well as in connection with any and all advertising, marketing and promotional material related thereto. You further represent and warrant that you own or otherwise control all of the rights to the Communications that you post; that the content of the Communications is accurate; that the content of the Communications is not scandalous or libelous; that use of the Communications you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree to indemnify A.C.T. sound eng. and its affiliates and sublicensees for all claims resulting from the Communications you supply. You further agree and acknowledge that you shall have no recourse against A.C.T. sound eng. for any alleged or actual infringement of any proprietary right in your Communications to us.
A.C.T. sound eng. has the right (but not the obligation) to monitor and edit or remove any activity or content on the Site. A.C.T. sound eng. takes no responsibility and assumes no liability for any Communications posted by you or any third party.
COPYRIGHT
COMPLAINTS
A.C.T. sound eng. may, in appropriate circumstances and at its sole
discretion, terminate use of the Site by any visitors who infringe on the
intellectual property rights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
A.C.T. sound eng's Copyright Agent the following information:
(1) an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is
located on the Site;
(4) your address, telephone number, and email address;
(5) a 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; and
(6) 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.
TRADEMARKS
"A.C.T. sound eng." the A.C.T. sound eng. logo and other marks indicated on
the Site are registered trademarks or trademarks of A.C.T. sound eng in
Israel and worldwide. Other A.C.T. sound eng. graphics, logos, page headers
and service names are trademarks or trade dress of A.C.T. sound eng.. A.C.T.
sound eng.'s trademarks and trade dress may not be used in connection with
any product or service that is not A.C.T. sound eng.'s, in any manner that
is likely to cause confusion among customers, or in any manner that
disparages or discredits A.C.T. sound eng.. Unless otherwise noted on the
Site, all other trademarks, service marks and logos used in this Site are
the trademarks, service marks or logos of their respective owners.
PASSWORDS AND
SECURITY
You are solely responsible for maintaining the secrecy of your passwords
and/or any account information in connection with the Site, and for
restricting access to your computer. You are fully responsible for all
activities that occur under your account or password, and you agree to
notify A.C.T. sound eng. immediately of any unauthorized use of your
passwords or accounts.
PROHIBITED
ACTS, MONITORING OF CONTENT AND TERMINATION
The Site may contain e-mail services, bulletin board services, chat areas,
news groups, forums, alerts, communities, calendars, file cabinets and/or
other message or communication facilities designed to enable you to
communicate with others (collectively, "Communication Services"). You agree
to use the Site and Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related to the
Site or particular Communication Service. By way of example, and not as a
limitation, you agree that when using the Site or Communication Services you
will not:
(1) upload, post, email, transmit or otherwise make available any content
that is unlawful, abusive, vulgar, harmful, threatening, harassing,
tortious, defamatory, obscene, libelous, invasive of another's privacy, or
otherwise objectionable;
(2) harm minors in any way;
(3) impersonate any person or entity, including but not limited to a A.C.T.
sound eng official or A.C.T. sound eng. managing editor, or otherwise
misrepresent your affiliation with a person or entity;
(4) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through the Site or Communication
Services;
(5) upload, post, email, transmit or otherwise make available any content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
(6) upload, post, email, transmit or otherwise make available any content
that infringes any patent, trademark, trade secret, image or program,
copyright or other proprietary rights of any party;
(7) upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, charity requests, petitions for
signatures, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
that are designated for such purpose;
(8) upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(9) interfere with or disrupt the Site or Communication Services or servers
or networks connected to the Site or Communication Services, or disobey any
requirements, procedures, policies or regulations of networks connected to
the Site or Communication Services;
(10) intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
(11) interfere in any way with other users of the Site or Communication
Services;
(12) post or transmit any message which discloses private or personal
matters concerning any person; and
(13) post, list or transmit articles which are off topic according to the
description of the group affected (collectively, the "Prohibited Acts").
You understand that all Communications and all information, data, text,
images, software, icons, music, sound, photographs, graphics, video,
messages or other materials (collectively, "Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person
from which such Content or Communications originated. This means that you,
and not A.C.T. sound eng, are entirely responsible for all Content or
Communications that you upload, forward, post, email, transmit or otherwise
make available via the Site or Communication Services.
A.C.T. sound eng. does not control the Content or Communications posted via the Site or Communication Services and, as such, does not guarantee the accuracy, integrity or quality of such Content or Communications. You understand that by using the Site or Communication Services, you may be exposed to Content or Communications that are offensive, indecent or objectionable. A.C.T. sound eng. will not be liable in any way for any Content or Communications, including, but not limited to, any errors or omissions in any Content or Communications, or for any loss or damage of any kind incurred as a result of the use of any Content or Communications posted, emailed, transmitted or otherwise made available via the Site or Communication Services.
Use of, access to, or participation in any of the Communication Services are also subject to these Terms of Use. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by A.C.T. sound eng. A.C.T. sound eng. cannot and does not screen all Content or Communications provided by users of the Site or Communication Services. Nevertheless, A.C.T. sound eng. reserves the right to monitor Content and Communications on the Site and on the Communication Services, and reserves the right to edit or remove Content or Communications which A.C.T. sound eng. in its sole discretion determines to be harmful, offensive, or otherwise in violation of these Terms of Use or any other A.C.T. sound eng. policies not expressly set forth here.
A.C.T. sound eng. further reserves the right to terminate your access to the Site, the Communication Services and any accounts you may have in connection with the Site or Communication Services at any time and, without notice, for any reason whatsoever. You agree that A.C.T. sound eng. shall not be liable to you or any third party for any termination of your access to the Site, the Communication Services or any accounts you may have in connection with the Site or Communication Services.
A.C.T. sound eng. reserves the right at all times to disclose any information as A.C.T. sound eng deems necessary to enforce the foregoing Terms of Use or any other A.C.T. sound eng. policies, to satisfy any applicable law, regulation, legal process or governmental request, and to respond to claims that the Site or Communication Services violate the rights of third parties.
You understand that the technical processing and transmission of the Content may involve (1) transmission over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE OR COMMUNICATION SERVICES IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. A.C.T. sound eng. EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
A.C.T. sound eng. MAKES NO WARRANTY THAT (1) THE SITE OR THE COMMUNICATION
SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SITE OR THE COMMUNICATION
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS
OR OTHER HARMFUL COMPONENTS, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR COMMUNICATION SERVICES WILL BE ACCURATE OR RELIABLE, (4)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR COMMUNICATION SERVICES WILL
MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS ON THE SITE OR COMMUNICATION
SERVICES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR
THE COMMUNICATION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU
FROM A.C.T. sound eng., FROM A A.C.T. sound eng. EMPLOYEE OR AGENT, OR
THROUGH OR FROM THE SITE OR COMMUNICATION SERVICES, SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. A.C.T. sound eng. WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A.C.T.
sound eng. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (1) THE USE OR THE INABILITY TO USE THE SITE OR COMMUNICATION
SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SITE OR COMMUNICATION SERVICES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE OR COMMUNICATION SERVICES, OR (5) ANY OTHER MATTER RELATING TO
THE SITE OR COMMUNICATION SERVICES.
LINKS, THIRD
PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Site and Communication Services provide links to Web sites and access to
content, services, and products from third parties, including users,
advertisers, affiliates and sponsors of the Site. You agree that A.C.T.
sound eng. is not responsible for the availability of, and content provided
on, third party Web sites. You should refer to the policies posted by other
Web sites regarding privacy and other topics before you use them. You agree
that A.C.T. sound eng. is not responsible for third party content accessible
through the Site or Communication Services, including opinions, advice,
statements and advertisements, and you understand that you bear all risks
associated with the use of such content. If you choose to purchase any
products or services from a third party, or if you purchase any products or
services where A.C.T. sound eng. acts as the reseller of a third party's
products or services, your relationship is directly with the third party.
You agree that A.C.T. sound eng. is not responsible for: (1) the quality of
third party products or services, and (2) fulfilling any of the terms of
your agreement with the seller, including delivery of products or services
and warranty obligations related to purchased products or services. You
agree that A.C.T. sound eng. is not responsible for any loss or damage of
any sort you may incur from dealing with any third party.
INFORMATION
CONCERNING FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts, updates or other information from the Site or
Communication Services concerning companies, stock quotes, investments or
securities, you should take particular care to review the foregoing sections
on Disclaimer of Warranties and Limitation of Liability. Such services are
for informational purposes only, and no such information or Content is
intended for trading or investing purposes. A.C.T. sound eng. will not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available through the Site or Communication
Services, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
INTERNATIONAL
USE
Because of the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content, including all
laws, rules, codes and regulations of the country in which you reside. In
addition, you agree to comply with all laws regarding the transmission of
technical data exported from Israel or the country in which you reside.
APPLICABLE LAW
By visiting the Site or using one of the Communication Services, you agree
that the laws of the Commonwealth of Pennsylvania, without regard to
principles of conflict of laws, will govern these Terms of Use and any
dispute of any sort that might arise between you and A.C.T. sound eng. or
its affiliates.
DISPUTES
Any dispute relating in any way to your visit to the Site, to products or
services you purchase through the Site, or that relate in any way to use of
one of the Communication Services, shall be submitted to confidential
arbitration in Philadelphia, Pennsylvania, except that, to the extent you
have in any manner violated or threatened to violate A.C.T. sound eng.'s
intellectual property rights, A.C.T. sound eng. may seek injunctive relief
or other appropriate relief in any state or federal court in the
Commonwealth of Pennsylvania, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration pursuant to these Terms of Use shall be
joined to an arbitration involving any other party subject to the Terms of
Use, whether through class arbitration proceedings or otherwise.
INDEMNITY
You agree to defend, indemnify and hold harmless A.C.T. sound eng., its
officers, directors, employees and agents from and against any and all
claims, liabilities, damages, losses or expenses, including attorney's fees
and costs, arising out of or in any way connected with your access to or use
of the Site or Communication Services.
NOTE ABOUT
CHILDREN
Minors are not eligible to use the Site or Communication Services, and we
ask that they do not submit any personal information to us.
CHANGE,
DISCONTINUANCE OF THE SITE AND SEVERABILITY
A.C.T. sound eng. reserves the right to make changes to the Site and
Communication Services (including permanent or temporary discontinuance of
the Site or Communication Services), its policies, and these Terms of Use at
any time. You agree that A.C.T. sound eng. shall not be liable to you or any
third party for any such change, amendment, modification, suspension or
discontinuance. Any and all portions of the Terms of Use shall automatically
apply to all improvements, modifications, changes and/or amendments as they
appear on the Site or Communication Services. If any of these Terms of Use
shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition. The failure of A.C.T. sound eng.
to exercise or enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision.