Terms of Use

Welcome to Spinners Sound. The following are the rules or "Terms" that govern use of the Spinners Sound Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Digix Group Inc. and spinnerssound.com (collectively "Digix Group") reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms. If you violate these Terms of Use, Digix Group may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.


Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, unless otherwise specifically authorized by Digix Group to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Digix Group to do so. The content and software on this Site is the property of Digix Group and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.


DigixPix Policy

Below is an overview of our DigixPix Policy. Digix Group sells DigixPix services to our clients for the purpose of viewing images taken at their event. As the purchasing client you have the right to access your images, delete your images, add descriptions to your images, and arrange your images into categories for viewing on this Site. Guests are permitted to access your images by supplying the gallery password and may download or purchase your images from Digix Group.

Please allow enough time for the upload of your DigixPix order. You should expect your order and images to be uploaded within 2 business days after your event.

These are approximate times, and Digix Group is not responsible for deliveries that take longer.


User Contributions to the Site

There are many opportunities for you to contribute to the Site. These include, among others, uploading your user profile, using our DigixPix management system, using our bulletin boards, etc. which collectively, we call "Content". Digix Group is not liable or responsible for any Content provided by its users or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of Digix Group. Digix Group cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at legal@spinnerssound.com. We will investigate your claim and may then take the actions deemed appropriate.


Links and Search Results

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Digix Group has no control over these sites or the content within them. Digix Group cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Digix Group does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Digix Group for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at legal@spinnerssound.com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.


Prohibited Content

The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes 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;
• could be harmful to minors;
• 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);
• displays pornographic or sexually explicit material of any kind;
• 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.

Offline Conduct

Although Digix Group can not monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.


Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Digix Group web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from our website without the prior expressed written permission of Digix Group.


Unauthorized Use of the Site

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.


Violation of the Terms

You understand and agree that in Digix Group's sole discretion, and without prior notice, Digix Group may terminate your access to the Site, cancel your DigixPix order or exercise any other remedy available and remove any unauthorized User Content, if Digix Group believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated the rights of Digix Group, another User or the law. You agree that monetary damages may not provide a sufficient remedy to Digix Group for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Digix Group may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Digix Group is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use. For more information about how we handle copyright infringements on the Site, please see our Copyright Policy below.


Privacy

We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy. This policy applies to all information you supply to Digix Group on the Site. If you post any original Content other than specific User information to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use the Content. Digix Group is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the Site.

Your Digix Group account information is not posted on the Site for other users to view and is subject to our Privacy Policy. Other than in your registration form, or when entering a contest on the Site that is sponsored by us, you should not post information about yourself on the Site in your profile or while otherwise using the Site that can be used to identify you, your home or work address, phone numbers, pagers, email address or other such information. Digix Group cannot prevent such information from being used in a manner that violates these rules, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms of Use, and you assume the risks and sole liability for the results of such posting.


U.S. Export Controls

Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred.


Disclaimers

Digix Group does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. Digix Group can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. Digix Group disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Digix Group will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. Digix Group makes no guarantee of any specific result from use of this Site or use of the Digix Group service.

Digix Group disclaims any and all liability for the acts, omissions and conduct of any third party users, Digix Group users, advertisers and/or sponsors on the Site, in connection with the Digix Group service or otherwise related to your use of the Site and/or the Digix Group service. Digix Group is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Digix Group at legal@spinnerssound.com. Digix Group may investigate the claim and take appropriate action, in its sole discretion.


Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Digix Group be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if Digix Group has been advised of the possibility of such damages.


Disputes

If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of Pennsylvania 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 Pennsylvania, McKean County.


Indemnity

You agree to indemnify and hold Digix Group, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.