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Category: Terms

TERMS OF USE

The following Terms of Use governs how members may use UberProAudio.com and its services. There's a short form with the highlights, as well as the full version to which you must agree if you want to use the Services of UberProAudio.com.

The Highlights

If you use the UberProAudio (UPA) website, you agree that:

1. You are at least thirteen years of age, and membership is legal where you live.
2. You can terminate your membership at any time, and UPA can terminate your membership by sending an email to the address you used when registering.
3. UPA is for private, non-commercial use. Spamming of members, collecting email addresses for soliciting business, and similar activities are prohibited.
4. UPA owns the content on this site and it cannot be reproduced without written permission.
5. Content that violates this agreement or is offensive, illegal, obscene, threatening, or infringes on the rights of others, including the posting of material copyrighted by someone other than the person posting the material, can be removed at UPA's sole discretion and the membership of those posting said content may be terminated, again at UPA's sole discretion.
6. UPA is not responsible for problems or technical malfunctions that render the service inoperable for any period of time; the Website and services are provided "As Is."
7. You agree that you'll receive our email newsletters (You may opt out by emailing us to remove you from our list)

The Complete Terms Of Use

Welcome to UberProAudio.com. By using the UberProAudio website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you want to become a Member and communicate with other Members and make use of UberProAudio's services ("Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by UPA from time to time, such modifications to be effective upon posting by UPA or its agents on the Website. This Agreement includes UPA's Acceptable Use Policy for Content posted on the Website, UPA's Privacy Policy, and any notices regarding the Website.

1. Eligibility. You must be at least thirteen years of age to register as a member of UPA or use the Website. Membership in the Service is void where prohibited. By using the Website, 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.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Delete Account pages in Account Settings. UPA may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to UPA. 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 4, 5, 7 and 9-14 of this Agreement.
3. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors except as noted in section (5f) below. Organizations, companies, and/or businesses may not become Members without written permission from UberProAudio or its agents, although individuals within organizations, companies, and/or businesses are encouraged to become members. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on UberProAudio. UPA owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of UPA, 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.
5. Content Posted on the Site.
   1. You understand and agree that UPA or its agents may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of UPA or its agents violates this Agreement or which might be offensive, illegal, that might violate the rights, harm, or threaten the safety of Members or in any way be deemed unsuitable by UPA.
   2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
   3. By posting Content to any public area of UberProAudio, you automatically grant, and you represent and warrant that you have the right to grant, to UPA an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
   4. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. UPA reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
      • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
      • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
      • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
   5. You must use the Service in a manner consistent with any and all applicable laws and regulations.
   6. Except as permitted in areas designated by UPA or its agents (such as mentions of gear for sale in member signatures, or designated "Spam" threads within forums), you may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although UPA cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, UPA reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which UPA deems appropriate in its sole discretion.
   7. You are not permitted to maintain multiple user accounts, link to an image search engine, link to images from other sites ("bandwidth stealing") without permission, or engage in any kind of activity that compromises the reliable operation of the site.
6. 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 our Designated Copyright Agent 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 Website; 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. UPA's Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: Please contact us through the website contact form.
7. Member Disputes. You are solely responsible for your interactions with other UberProAudio Members. UPA reserves the right, but has no obligation, to monitor disputes between you and other Members.
8. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy, as posted on the site.
9. Disclaimers. UPA is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. UPA is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. UPA 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. UPA 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 or players on account of technical problems or traffic congestion on the Internet or at any Website 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 UPA be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and UPA expressly disclaims any warranty of fitness for a particular purpose or non-infringement. UPA cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will UPA 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 Website or the Service, even if UPA has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, UPA'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 UPA for the Service during the term of membership.
11. Email Newsletter Subscription. An added benefit of registering with UPA is that you'll receive our email newsletters. Opting-out of the Newsletter will not cancel or forfeit your Service membership.
12. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Vermont 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 of Vermont.
13. Indemnity. You agree to indemnify and hold UPA, 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.
14. Reproduction. If you wish to reprint, post, or excerpt from a UberProAudio article, please contact us and receive written permission to do so.
15. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and UPA regarding the use of the Website 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.
16. Please note that UberProAudio.com has affiliate links and pictures in some of its articles to music gear that you can research and buy from other websites. UberProAudio.com does not claim that these links and images are to the exact same model equipment as discussed in the article you are reading. These links and images are there as an illustration of music gear and are there for entertainment purposes.
17. UberProAudio in no way claims that the musicians described on this site endorse any of the gear that is depicted on the site. Information regarding gear used by musicians is purely for entertainment purposes. The accuracy of the information on this site is not guaranteed and is based on research performed in the public domain and readers eye witness accounts.