TERMS OF USE
1. Your Acceptance
1.1 By using
and/or visiting this website (collectively, including all content and functionality
available through the MinimumNoise.com domain name, the "Minimum Noise Website",
or "Website"), you signify your agreement to (1) these terms and conditions
(the "Terms of Service"), (2) Minimum Noise’s privacy notice, as mentioned
below, and (3) Minimum Noise's Community Guidelines, found at incorporated here.
If you do not agree to any of these terms, the Minimum Noise privacy notice, or the
Community Guidelines, please do not use the Minimum Noise Website.
If you wish to become
a Member, communicate with other Members and make use of the Minimum Noise Services,
you must read this Agreement and indicate your acceptance during the Registration
process. You may receive a copy of this Agreement by emailing us at:
Minimum Noise, Subject: Terms of Use Agreement.
1.2 Although
we may attempt to notify you when major changes are made to these Terms of Use,
you should periodically review the most up-to-date version. Minimum Noise may in
discretion, modify or revise these Terms of Use and policies at any time, and you
agree to be bound by such modifications or revisions. Nothing in this Agreement
shall be deemed to confer any third-party rights or benefits.
Please choose carefully
the information you post on MinimumNoise.com and that you provide to other Users.
Your MinimumNoise.com profile may not include the following items: telephone numbers,
street addresses, last names, and any photographs containing nudity, or obscene,
lewd, excessively violent, harassing, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, information provided by other MinimumNoise.com
Members (for instance, in their Profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services, and MinimumNoise.com
assumes no responsibility or liability for this material. If you become aware of
misuse of the Minimum Noise Services by any person, please contact Minimum Noise or click on the "Report Inappropriate
Content" link at the bottom of any MinimumNoise.com page.
2. Intellectual Rights and Content.
2.1
MinimumNoise.com does
not claim any ownership rights in the text, files, images, photos, video, sounds,
musical works, works of authorship, or any other materials (collectively, "Content")
that you post to the Minimum Noise Services. After posting your Content to the Minimum Noise
Services, you continue to retain all ownership rights in such Content, and you continue
to have the right to use your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the Minimum Noise Services, you hereby
grant to MinimumNoise.com a limited license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content solely on and through the Minimum Noise
Services.
2.2
Minimum Noise respect the intellectual
property rights of others and we prohibit users from uploading, posting or otherwise
transmitting on the
MinimumNoise.com
website or service any materials that violate another party's intellectual property
rights. When we receive proper Notification of Alleged Copyright Infringement, we
promptly remove or disable access to the allegedly infringing material and terminate
the accounts of repeated infringers as described herein in accordance with the Digital
Millenium Copyright Act. If you believe that any material on the Site infringes
upon any copyright which you own or control, you may send a written notification
of such infringement to Minimum Noise or click on the "Report Inappropriate
Content" link at the bottom of any MinimumNoise.com page.
2.3 If you have uploaded material
for a competition and you win the Project the buyer gets all ownership rights to
the uploaded material. You waive the right to claim financial compensation or anything
other than the prize of the competition.
3. Accounts and unauthorized
use
3.1
In
order to access some features of the Website, you will have to create a
Minimum Noise account. You may never use another's account without permission.
When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. You must notify Minimum Noise immediately of any
breach of security or unauthorized use of your account.
3.2 Although
Minimum Noise will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of Minimum Noise or others due to such unauthorized use.
4. General Use of the Website—Permissions
and Restrictions
By agreeing
to these standard Terms of Use, you agree:
4.1
Not
to distribute in any medium any part of the Website, including but not limited to
User Submissions (defined below), without Minimum Noise's prior written authorization.
4.2 Not
to alter or modify any part of the Website.
4.3 Not
to access User Submissions (defined below) or Minimum Noise Content through any technology
or means other than the playback pages of the Website itself, or other explicitly
authorized means Minimum Noise may designate.
4.4 You agree
not to use the Website for any commercial use, without the prior written authorization
of Minimum Noise. Prohibited commercial uses include any of the following
actions taken without Minimum Noise's express approval:
- sale of access to the Website or its related services on another
website;
- use
of the Website or its related services, for the primary purpose of gaining advertising
or subscription revenue;
- the sale of advertising, on the Minimum Noise website or any third-party website, targeted to the content
of specific User Submissions or Minimum Noise content;
- and any use of the Website or its related services that
Minimum Noise finds, in its sole discretion,
to use
Minimum Noise's resources
or User Submissions with the effect of competing with or displacing the market for
Minimum Noise,
Minimum Noise content,
or its User Submissions.
4.5 Prohibited
commercial uses do not include:
- uploading an original piece of music, vocals, beats to promote
your business or artistic enterprise;
4.6 You agree
not to collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the Website
(e.g. comments, email) for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Website with respect to their
User Submissions.
4.7 The
Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company 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 communications.
The Company is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer
or mobile phone equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile phone,
or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service, including
any Mobile Client software. Under no circumstances will the Company be responsible
for any loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or through the
Site or the Service or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
5. Your Use of Content on
the Site
In addition
to the general restrictions above, the following restrictions and conditions apply
specifically to your use of content on the Minimum Noise Website.
5.1 The content
on the Minimum Noise Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, sounds, music,
interactive features and the like ("Content") and the trademarks, service
marks and logos contained therein ("Marks"), are owned by or licensed
to the buyer if you win, subject to copyright and other intellectual property rights
under the law. Content on the Website is provided to you AS IS for your information
and personal use only and may not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of the respective owners.
Minimum Noise reserves all rights not expressly granted
in and to the Website and the Content.
5.2 You may
access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Minimum Noise Service; and
- for Streaming.
"Streaming"
means a contemporaneous digital transmission of an audiovisual work via the Internet
from the Minimum Noise Service to a user's device in such a manner that the data
is intended for real-time listening and not intended to be copied, stored, permanently
downloaded, or redistributed by the user. Accessing User music, lyrics, beats etc.
for any purpose or in any manner other than Streaming is expressly prohibited. These
contents are made available "as is."
5.3 User Comments
are made available to you for your information and personal use solely as intended
through the normal functionality of the Minimum Noise Service. User Comments
are made available "as is", and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited
in any manner not intended by the normal functionality of the Minimum Noise Service or otherwise as prohibited under this Agreement.
5.4 You may
access Minimum Noise Content, User Submissions and other content only as permitted
under this Agreement. Minimum Noise reserves all
rights not expressly granted in and to the Minimum Noise
Service.
5.5 You agree
to not engage in the use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any commercial purposes.
5.6 You agree
not to circumvent, disable or otherwise interfere with security-related features
of the Minimum Noise Website or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the Minimum Noise
Website or the Content therein.
5.7 You understand
that when using the
Minimum Noise Website, you will be exposed to User Submissions
from a variety of sources, and that Minimum Noise
is not responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and acknowledge
that you may be exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against Minimum Noise
with respect thereto, and agree to indemnify and hold Minimum Noise,
its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
6. Your User Submissions
and Conduct
6.1 As a
Minimum Noise account holder you may submit music, lyrics, beats etc.
content ("User Content") and textual content ("User Comments").
User Contents and User Comments are collectively referred to as "User Submissions."
6.2 You shall
be solely responsible for your own User Submissions and the consequences of posting
or publishing them. In connection with User Submissions, you affirm, represent,
and/or warrant that: you own or have the necessary licenses, rights, consents, and
permissions to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion and use of the
User Submissions in the manner contemplated by the Website and these Terms of Service.
6.3 For clarity,
you retain all of your ownership rights in your User Submissions. However, by submitting
User Submissions to
Minimum Noise, you hereby grant Minimum Noise a worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the
Minimum Noise Website and Minimum Noise's
(and its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the Minimum Noise
Website (and derivative works thereof) in any media formats and through any media
channels.
You also
hereby grant each user of the
Minimum Noise Website a non-exclusive license to access
your User Submissions through the Website, and to use, reproduce, distribute, display
and perform such User Submissions as permitted through the functionality of the
Website and under these Terms of Service. The above licenses granted by you in User
Content terminate with the end of the Project or when a winner is found. You understand
and agree, however, that Minimum Noise may retain,
but not display, distribute, or perform, server copies of User Submissions. The
above licenses granted by you in User Comments are perpetual and irrevocable.
6.4 In connection
with User Submissions, you further agree that you will not submit material that
is copyrighted, protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner of such
rights or have permission from their rightful owner to post the material to
Minimum Noise Website and to grant a User of the website all of the license
rights granted herein if you win, as mentioned in section 2.3.
6.5 You further
agree that you will not, in connection with User Submissions, submit material with
offensive, illegal
or violate the rights, harm, or threaten the safety of any person. MinimumNoise.com
assumes no responsibility for monitoring the Minimum Noise Services for inappropriate
Content or conduct.
Prohibited Content includes,
but is not limited to Content that, in the sole discretion of MinimumNoise.com:
-
is patently offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
-
harasses or advocates harassment of another person;
-
exploits people in a sexual or violent manner;
-
contains nudity, violence, or offensive subject matter or contains a link to an
adult website;
-
solicits personal information from anyone under 18;
-
provides any telephone numbers, street addresses, last names, URLs or email addresses;
-
promotes information that you know is false or 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;
-
involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or "spamming";
-
contains restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
-
furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to 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;
-
involves commercial activities and/or sales without our prior written consent such
as projects, sweepstakes, barter, advertising, or pyramid schemes; or
-
includes a photograph of another person that you have posted without that person's
consent.
The following is a partial
list of the kind of activity that is illegal or prohibited on the Minimum Noise Website
and through your use of the Minimum Noise Services. MinimumNoise.com reserves the
right to investigate and take appropriate legal action against anyone who, in MinimumNoise.com's
sole discretion, violates this provision, including without limitation, reporting
you to law enforcement authorities. Prohibited activity includes, but is not limited
to:
-
criminal or tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
-
advertising to, or solicitation of, any Member to buy or sell any products or services
through the Minimum Noise Services. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use any information
obtained from the Minimum Noise Services in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. If you breach this Agreement
and send unsolicited bulk email, instant messages or other unsolicited communications
of any kind through the Minimum Noise Services, you acknowledge that you will have
caused substantial harm to MinimumNoise.com, but that the amount of such harm would
be extremely difficult to ascertain. As a reasonable estimation of such harm, you
agree to pay MinimumNoise.com $50 for each such unsolicited email or other unsolicited
communication you send through the Minimum Noise Services;
-
any automated use of the system, such as using scripts or send comments or messages;
-
interfering with, disrupting, or creating an undue burden on the Minimum Noise Services
or the networks or services connected to the Minimum Noise Services;
-
attempting to impersonate another Member or person;
-
using the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your account;
-
selling or otherwise transferring your profile;
-
using any information obtained from the Minimum Noise Services in order to harass,
abuse, or harm another person;
-
displaying an advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any commercial activity
on or through the Minimum Noise Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a commercial
purpose, selecting a profile with a commercial purpose; or
-
using the Minimum Noise Services in a manner inconsistent with any and all applicable
laws and regulations.
6.6
Minimum Noise does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and Minimum Noise expressly
disclaims any and all liability in connection with User Submissions.
Minimum Noise does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and
Minimum Noise will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on another's
intellectual property rights. Minimum Noise reserves
the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
7.1
Minimum Noise
will terminate a User's access to its Website if, under appropriate circumstances,
they are determined to be a repeat infringer.
7.2
Minimum Noise
reserves the right to decide whether Content or a User Submission is appropriate
and complies with these Terms of Service for violations other than copyright infringement,
such as, but not limited to, pornography, obscene or defamatory material, or excessive
length. Minimum Noise may remove such User Submissions
and/or terminate a User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright
Act
8.1 If you are
a copyright owner or an agent thereof and believe that any User Submission or other
content infringes upon your copyrights, you may submit a notification pursuant to
the Digital Millennium Copyright Act ("DMCA") by providing Minimum Noise
with the following information in writing:
A physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
Identification
of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative
list of such works at that site;
Identification
of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material;
Information
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
A statement
that you have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and
A statement
that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
9. www.MinimumNoise.com
9.1 These Terms
of Use apply to all users of the MinimumNoice Website, including users who are also
contributors of music, lyrics, vocals, information, and other materials or services
on the Website. The MinimumNoice Website includes all aspects of MinimumNoice, including
but not limited to all products, software and services offered via the website such
as the MinimumNoice channels, the MinimumNoice "Uploader" and other
applications.
9.2 The MinimumNoice
Website may contain links to third party websites that are not owned or controlled
by MinimumNoice. MinimumNoice has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites. In
addition, MinimumNoice will not and cannot censor or edit the content of any third-party
site. By using the www.minimumnoice.com, you expressly relieve MinimumNoice from
any and all liability arising from your use of any third-party website.
9.3
Accordingly, we encourage you to be aware when you leave the MinimumNoice Website
and to read the terms and conditions and privacy policy of each other website that
you visit.
10. Warranty Disclaimer
YOU AGREE
THAT YOUR USE OF THE MINIMUMNOISE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, MINIMUMNOISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. MINIMUMNOISE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE MINIMUMNOISE WEBSITE. MINIMUMNOISE DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE MINIMUMNOISE WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MINIMUMNOISE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT
SHALL MINIMUMNOISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE MINIMUMNOISE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY
ACKNOWLEDGE THAT MINIMUMNOISE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website
is controlled and offered by Minimum Noise from its facilities in Denmark. Minimum Noise
makes no representations that the Minimum Noise Website is appropriate or available
for use in other locations. Those who access or use the Minimum Noise Website from
other jurisdictions do so at their own volition and are responsible for compliance
with local law.
12. Indemnity
You agree
to defend, indemnify and hold harmless Minimum Noise, its parent corporation, officers,
directors, employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Minimum Noise Website; (ii)
your violation of any term of these Terms of Service; (iii) your violation of any
third party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive these Terms of Service
and your use of the Minimum Noise Website.
13. Ability to Accept Terms
of Service
You affirm
that you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and warranties
set forth in these Terms of Service, and to abide by and comply with these Terms
of Service. In any case, you affirm that you are over the age of 13, as the Minimum Noise
Website is not intended for children under 13. If you are under 13 years of age,
then please do not use the Minimum Noise Website. There are lots of other great web
sites for you. Talk to your parents about what sites are appropriate for you.
14. Assignment
These Terms
of Service, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by Minimum Noise without restriction.
15. General
You agree
that: (i) the Minimum Noise Website shall be deemed solely based in Denmark; and
(ii) the Minimum Noise Website shall be deemed a passive website that does not give
rise to personal jurisdiction over Minimum Noise, either specific or general, in
jurisdictions other than Denmark. These Terms of Service shall be governed by the
internal substantive laws of Denmark, without respect to its conflict of laws principles.
Any claim or dispute between you and Minimum Noise that arises in whole or in part
from the Minimum Noise Website shall be decided exclusively by a court of competent
jurisdiction located in Copenhagen, Denmark. These Terms of Service, together with
any other legal notices published by Minimum Noise on the Website, shall constitute
the entire agreement between you and Minimum Noise concerning the Minimum Noise Website.
If any provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full force
and effect. No waiver of any term of this these Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and Minimum Noise’s
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Minimum Noise reserves the right
to amend these Terms of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the Minimum Noise Website
following any amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND MINIMUMNOISE AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE MINIMUMNOISE WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Please contact us at:
Contact Minimum Noise with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE.