Website TERMS OF SERVICE

These Terms of Service govern your access to and use of StarLyte Sound website. By accessing or using the website, you are agreeing to these Terms of Service and entering into a legally binding contract with StarLyte Sound. It is important that you read carefully and understand the Terms of Service.

Any references to “you” and “your” refer to you, as a user of the website. References to “we”, “us” and “our” refer to StarLyte Sound.

1. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms of Service from time to time. You understand and agree that your continued access to or use of the website after any posted modification to the Terms of Service indicates your acceptance of the modification.

2. USING THE WEBSITE

A. Permission to Use the Website

We grant you permission to use the website subject to the restrictions in these Terms of Service. We may terminate your permission to use the website for any conduct that we consider to be inappropriate, or for your breach of these Terms of Service.

B. Website Availability

The website may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to StarLyte Sound.

C. User Accounts

You may need to register to use part of the website. We may reject or require that you change any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your website account. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.

D. Third Party Websites

The website may include links to other websites or applications (each, a “Third Party Website”). Unless otherwise noted, StarLyte Sound does not operate, control or endorse any information, products, or services on any Third Party Website. You agree that we are not responsible for the availability or contents of any Third Party Websites and that your use of any Third Party Website is at your own risk.

3.  OWNERSHIP OF CONTENT

All material on the website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to StarLyte Sound and is protected by copyright, trademark, and/or other intellectual property rights. Material on the website may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of StarLyte Sound in each instance. You may download material intentionally made available for downloading from the website for auditioning use only, provided that you are approved to do so by StarLyte Sound via an “Auditioning Agreement” or some written instrument approved by StarLyte Sound as long as you keep intact any and all copyright and other proprietary notices that may appear on such materials.

4. RESTRICTIONS

The following rules, policies, and disclaimers shall apply to and/or govern your use of the website: You agree not to, and will not assist, encourage, or enable others to: (A) Utilize any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the website; (B) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the website or on any materials printed or copied from the Website; (C) Record, process or mine information about other users; (D) Reformat or frame any portion of the website; (E) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on StarLyte Sound’s technology infrastructure or otherwise make excessive traffic demands of the website; (F) Attempt to gain unauthorized access to the website, user accounts, computer systems or networks connected to the website through hacking, password mining or any other means; (G) Use any device, software or routine that interferes with the proper working of the website, or otherwise attempt to interfere with the proper working of the Website; (H) Use the website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the website; or (I) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the website, features that prevent or restrict the use or copying of website content or features that enforce limitations on the use of the website.

5. UNSOLICITED SUBMISSIONS

StarLyte Sound does not accept “unsolicited” materials through this website, by email or by any other means of delivery. Your submission must be referred to us by an established industry professional through proper channels. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.

6. PRIVACY POLICY

Use of the website is also governed by our Privacy Policy.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless StarLyte Sound and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (A) your access to or use of the website, (B) your violation of the Terms of Service, (C) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. StarLyte Sound reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

8. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

Please read this section carefully since it limits the liability of StarLyte Sound. Each of these subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.

A. The website is made available to you on an “as is”, “with all faults” and “as available” basis. Your use of the website is at your own discretion and risk. StarLyte Sound makes no claims or promises about the quality, accuracy, or reliability of the website, its safety or security, or the website content. Accordingly, StarLyte Sound is not liable to you for any loss or damage that might arise from your use of the website.

B. StarLyte Sound expressly disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the website.

C. StarLyte Sound is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the website or any third party website. Your sole and exclusive right and remedy in case of dissatisfaction with the website, shall be your termination and discontinuation of access to, or use of the website.

9. CHOICE OF LAW AND VENUE

The laws of the state of Virginia will govern any dispute arising from or relating to this Agreement. The parties submit to the exclusive jurisdiction of the state of Virginia and federal courts for or in Waynesboro, Virginia, and agree that any legal action or proceeding relating to this Agreement must be brought in those courts. You and we hereby waive any claim of lack of personal jurisdiction, lack of subject matter jurisdiction or forum non convenes in connection with any dispute hereunder.  You and we agree that: (i) any claim brought to enforce these Terms of Service must be commenced within two (2) years of the cause of action accruing; and (ii) any claim must be brought individually and not consolidated as part of a group or class action complaint.