- Written by Administrator
- Published on 03 December 2007
1. SDI’s Intellectual Property; Third Party Contributions
Certain information presented on or made available via this Website has been (i) provided to Secrets of Home Theater and High Fidelity and/or its owners, directors, officers, employees, contractors and website administrators solely by third party contributors who have submitted this information for publication on the Website or (ii) made available to you via third party links to and from this Website. Secrets of Home Theater and High Fidelity has not independently investigated or verified any of the information set forth herein and will not be responsible or liable for any misinformation, misprints, typographical errors or other mistakes which may appear. Further, Secrets of Home Theater and High Fidelity makes no representations, warranties, recommendations or endorsements whatsoever concerning any information provided on the Website by third parties. Secrets of Home Theater and High Fidelity will not be responsible for and expressly disclaims any and all liability for any claim, damages, injury or other loss arising out of your use of any such information for any reason.
You hereby acknowledge and agree that you will use this Website, the information presented herein or made available hereby and the services of any individual, business or resource identified or profiled herein or made available via a Website link wholly at your own discretion and at your own risk.
2. No Warranties; Indemnification; Limitation of Liability
YOUR USE OF THE WEBSITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THE WEBSITE AND ALL SERVICES AND FEATURES ARE PROVIDED "AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. SDI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY and/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE.
SDI cannot and does not guarantee continuous uninterrupted or secure access to our Website or the services or features thereon. Operation of the Website may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. Further, SDI does not control the actions of other users, visitors and/or linked third parties on the Website. SDI WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE WEBSITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY OR SDI. SDI WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED YOU OR ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY SDI, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE WEBSITE.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SECRETS OF HOME THEATER AND HIGH FIDELITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY OR OTHERWISE, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Website Integrity
You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data or personal information therefrom. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass emailings.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any content hereon or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content thereon, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SDI reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any SDI server or to any of the services offered on or through the Website by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website or any other customer of SDI, including any SDI account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SDI on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
6. Third Party Content
7. Compliance with Laws
You must comply with all applicable laws and regulations governing your access to and your use of the Website and any features, services or software thereon, including the posting and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with SDI.
8. User Submissions
Any comments or information that you provide to SDI, including any feedback or ideas submitted by you in response to a survey on or concerning the Website or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by SDI and you hereby grant SDI a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. SDI may sublicense its rights hereunder to third parties.
9. Governing Law and Jurisdiction
1. Information Collection
SDI collects information from our users who voluntarily elect to provide such information. SDI is the sole owner of the information collected on our Website and we do not sell, share or rent this information to others except as disclosed herein. SDI may store information itself or arrange for storage in databases maintained by SDI’s affiliates, agents or service providers. SDI retains its rights to these databases and the information contained therein.
Users in the European Union and other countries fully understand and unambiguously consent to the collection and processing of their personal information in the United States of America.
2. Tracking Information
SDI may track certain user information solely to administer our Website, track users’ respective logins and movements, including the domains from which people visit the Website, and analyze this data for trends and statistics on an aggregated basis only. This aggregated information is not linked in any way to user-identifiable information.
If, at any point, we decide to use any of our users’ personally-identifiable information in a manner other than that stated at the time of collection, we will use all commercially reasonable efforts to provide each user with the opportunity to opt out of SDI’s modified use of his/her information at that time.
Children under the age of thirteen should not provide any personal information on this Website. Under applicable law, which provides additional privacy protections for children who use the Internet, we will not retain any information provided by a user whom we know to be under 13.
From time to time, our Website may request contact and/or demographic information (i.e., zip code, gender, birth date or age) from its users through surveys. Participation in any such survey is completely voluntary and the user is under no obligation to participate or to disclose any information. This information will be used to monitor and/or improve the use and functionality of our Website.
SDI cannot and does not guarantee or warrant the security and privacy of information provided by users on or through the Website. Each user discloses personal information on or through our Website wholly at his/her own risk and each acknowledges that he/she is aware of the security and privacy risks involved, including but expressly not limited to limitations of the security, privacy and authentication measures in the Website, threats of external interference such as eavesdropping, breaking passwords and hacking, and contamination by viruses.