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1. Acceptance of Terms of Service
Yandara Sounds is provided free of charge to you (unless otherwise indicated), by Yandara Sounds and its subsidiaries and affiliates that utilize these Terms of Service ("Yandara Sounds"). The "Yandara Sounds" is defined as all English language United States based web sites, web pages and channels owned controlled and/or operated by Yandara Sounds where these Terms of Service are posted, including but not limited to all content, tools, digital products, events, courses and/or products. Although portions of Yandara Sounds may be viewed simply by visiting the web site, in order to access or receive additional services from Yandara Sounds you need to sign on as a guest or register as a member of Yandara Sounds. If you sign on to Yandara Sounds as a guest, these Terms of Service will govern your use of Yandara Sounds, including access to all the features. If you register as a member of Yandara Sounds, these Terms of Service will govern your use of the site features. BY SIGNING ON TO Yandara Sounds AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product, digital product, event or course govern your use of Yandara Sounds and all services, products and digital products provided in connection with Yandara Sounds, including but not limited to any service, product, digital product provided to you by Yandara Sounds. Yandara Sounds shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter Yandara Sounds. The Terms of Service for your continued use of Yandara Sounds will be available throughout terms. Please check these areas before using Yandara Sounds to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with Yandara Sounds immediately by (i) notifying Yandara Sounds of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of Yandara Sounds. Your continued use of Yandara Sounds will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Yandara Sounds, including but not limited to all content, services, digital products, tools or products is hereby expressly prohibited.
From time to time Yandara Sounds may supplement these Terms of Service with additional terms pertaining to specific content, services, products and digital products ("Additional Terms"), which Additional Terms may be placed on Yandara Sounds to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
2. Registration Information/Privacy Polic
When you register for Yandara Sounds, you will be required to provide Yandara Sounds with the following information: your e-mail address, username, password, zip code, country and telephone number.
Any information provided by you or gathered by Yandara Sounds or third parties during any visit to Yandara Sounds shall be subject to the terms of Yandara Sounds' Privacy Policy, which are incorporated herein by reference. Yandara Sounds reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
Yandara Sounds reserves the right to (i) terminate your membership and access to any specific content , services and digital products if Yandara Sounds learns that you have provided Yandara Sounds with false or misleading registration information.
3. Termination
Yandara Sounds reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access Yandara Sounds and/or any other service, specific content, digital products provided to you by Yandara Sounds, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Yandara Sounds may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Yandara Sounds, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at Yandara Sounds' discretion) to provide you notice of such changes to any e-mail address you have provided to Yandara Sounds.
5. Modifications of Yandara Sounds
Yandara Sounds may modify or discontinue Yandara Sounds, or any portion thereof or any services and digital products related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Third Party Services
You may order services or merchandise through Yandara Sounds from other persons not affiliated with Yandara Sounds ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Yandara Sounds makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Yandara Sounds nor will Yandara Sounds be construed as a party to such transactions, whether or not Yandara Sounds may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, to you or any other person involved or related to the transaction.
Yandara Sounds may include special routing icons which may be located within Yandara Sounds, the activation of which will allow you to access and learn more about Yandara Sounds and other services provided by Yandara Sounds whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
7. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Yandara Sounds of any unauthorized use of your registration or password.
8. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on Yandara Sounds may infringe on your copyright or that of another, please provide written notice of such possible infringement in a detailed e-mail message to yandarasounds@gmail.com
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Yandara Sounds, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, TOOLS AND PRODUCTS PURCHASED THROUGH Yandara Sounds, IS AT YOUR SOLE RISK. Yandara Sounds IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Yandara Sounds EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Yandara Sounds MAKES NO WARRANTY THAT Yandara Sounds WILL MEET YOUR REQUIREMENTS, OR THAT Yandara Sounds WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Yandara Sounds MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Yandara Sounds. Yandara Sounds WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF Yandara Sounds.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Yandara Sounds IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT Yandara Sounds DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH Yandara Sounds. Yandara Sounds IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Yandara Sounds NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Yandara Sounds, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Yandara Sounds ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
Yandara Sounds SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN Yandara Sounds, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN Yandara Sounds IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Yandara Sounds OR THROUGH Yandara Sounds, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Yandara Sounds MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH Yandara Sounds OR ANY TRANSACTIONS ENTERED INTO THROUGH Yandara Sounds.
Yandara Sounds IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE Yandara Sounds. AS A CONVENIENCE TO OUR MEMBERS, WE MAY MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH Yandara Sounds MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST Yandara Sounds WITH RESPECT TO SUCH SITES.
10. Limitation of Liability
Yandara Sounds SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE Yandara Sounds OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Yandara Sounds OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF Yandara Sounds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Promotional Messages
Yandara Sounds and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Yandara Sounds makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Yandara Sounds nor such third party shall have any liability with respect thereto.
12. Indemnification
You agree to indemnify and hold each of Yandara Sounds, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Yandara Sounds, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
13. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering Yandara Sounds, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Diego, California
14. Remedies for Breach of these Terms by You
In the event that Yandara Sounds determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Yandara Sounds, Yandara Sounds reserves the right to (i) warn you via email (to any email address you have provided to Yandara Sounds) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to Yandara Sounds; (iii) discontinue your registration(s) with Yandara Sounds and/or any other Yandara Sounds community; (iv) discontinue your subscription to any digital product, product, content, tool or service purchased through Yandara Sounds; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Yandara Sounds deems to be appropriate.
If your registration(s) with or ability to access Yandara Sounds, any other Yandara Sounds community and/or any other service, product, content, tool or digital product provided to you by Yandara Sounds is discontinued by Yandara Sounds due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Yandara Sounds, then you agree that you shall not attempt to re-register with or access Yandara Sounds, any other Yandara Sounds community and/or any other digital product, course content or service provided by Yandara Sounds, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Yandara Sounds reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
15. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Yandara Sounds may assign its rights and obligations under these Terms of Service and upon such assignment Yandara Sounds may be relieved of any further obligation hereunder.
You represent to Yandara Sounds that you have the authority to register with or visit Yandara Sounds according to these Terms of Service. Yandara Sounds does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit Yandara Sounds.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Yandara Sounds by Yandara Sounds) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Yandara Sounds, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Yandara Sounds reserves the right to terminate free access to Yandara Sounds including any or all content, services, digital products, products or tools with or without notice to you. Yandara Sounds reserves the right (at Yandara Sounds' discretion) to provide you with notice of such change by prominently posting a notice on Yandara Sounds and/or sending written notice to you at any e-mail you have provided to Yandara Sounds. Once free access is terminated Yandara Sounds may charge each subscriber any applicable fee, surcharge and/or membership fee for access to Yandara Sounds and/or any for-pay content, services, digital products, products, tools or products. |
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