Last modified: 1 January 2018

These Widget Terms of Use are a contract between you and dasWächter Inc., a Georgia corporation with its principal place of business at PO Box 764, Braselton, GA 30517 (“dasWächter”, GetSound.com, “we” or “us”). You must read, agree with and accept all of the terms and conditions contained in these GetSound.com Software Widget Terms of Use, or GetSound.com does not grant you a license to use the “Widget” as defined in Section 8 below. You understand that by downloading or using the Widget, you agree to be bound by these Widget Terms of Use. If you agree to these Widget Terms of Use on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Widget Terms of Use. In that event, “you” and “your” will refer and apply to that entity. GetSound.com may amend these Widget Terms of Use by posting a revised version on its website located at www.getsound.com (the “Site”). Your continued use of the Widget after the effective date of a revised version of these Widget Terms of Use constitutes your acceptance of their terms.

1. License

1.1 LICENSE GRANT

GetSound.com grants you a limited, revocable, non-exclusive license to download and use the Widget to display Content on your website.

1.2. LICENSE RESTRICTIONS

You may not:

  • Charge a fee for the use of the Widget without our written approval;
  • Reverse engineer, modify, or alter the Widget;
  • Modify, obscure, or interfere with the display of any Content displayed by the Widget;
  • Display the Widget in a manner that does not permit successful linking to, redirection to or delivery of the Content;
  • Insert any intermediate page, splash page or other content between the Widget and the Content;
  • Display the Widget on any site that disparages GetSound.com or its products or services, infringes any GetSound.com Proprietary Rights or other rights, violates any applicable law, or is threatening, vulgar or otherwise inappropriate as we determine, in our sole discretion;
  • Sublicense, redistribute or republish the Widget.

2. Proprietary Rights

GetSound.com and its licensors reserve all Proprietary Rights to the Widgets. These Widget Terms of Use grant you no right, title, or interest in any Proprietary Rights owned or licensed by GetSound.com. In particular, you understand and agree that any and all uses of the Content and Marks shall be subject to our continuing approval and quality control. You acknowledge and agree that GetSound.com may monitor your website for the purpose of confirming your compliance.

3. Termination

GetSound.com may change, suspend, or discontinue any aspect of the Widget at any time, or restrict your access to the Widget or to parts or all of the Content or the Site without notice or liability. GetSound.com may terminate your license in Section 1 without notice at any time, with or with cause, by ceasing to support the Widget or by forbidding you to use the Widget by any other means.

4. Disclaimer

GETSOUND.COM DOES NOT REPRESENT OR WARRANT THAT THE WIDGET OR THE CONTENT IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE WIDGETS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND GETSOUND.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

5. Limitation Of Liability

IN NO EVENT WILL GETSOUND.COM BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THIS LIMITATION SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF GETSOUND.COM IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

6. Indemnification

You shall indemnify, defend and hold harmless GetSound.com and its subsidiaries, affiliates, officers, agents, employees, representatives and agents from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (i) your use of the Widget, or (ii) your website, including without limitation infringement of the Proprietary Rights or other rights of any third party.

7. Terms

7.1 RELATIONSHIP OF THE PARTIES

The parties are agreeing to these Widget Terms of Use as independent contractors. These Widget Terms of Use will not be construed to create a partnership, joint venture or employment relationship between them. Neither party will represent itself to be an employee or agent of the other or enter into any agreement on the other’s behalf of or in the other’s name.

7.2 ASSIGNMENT

You may not assign these Widget Terms of Use, nor any of your rights or obligations hereunder, without GetSound.com’s prior written consent. GetSound.com may freely assign these Widget Terms of Use without your consent. Any attempted assignment or transfer in violation of this section will be null and void. Subject to the foregoing restrictions, these Widget Terms of Use will inure to the benefit of successors and permitted assigns of the parties.

7.3 SEVERABILITY

If and to the extent any provision of these Widget Terms of Use is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or enforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

7.4 CHOICE OF LAW

This Agreement shall be governed by the laws of the State of Georgia, USA and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Georgia, USA, in each case, without regard to its choice or law or conflict of laws provisions.

7.5 NO WAIVER

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.

17.7 NO AGENCY

Except as expressly set forth herein, no agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind GetSound.com in any respect whatsoever.

17.8 MISCELLANEOUS

These Widget Terms of Use set forth the entire agreement and understanding of the parties relating to their subject matter and cancel and supersede any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. No modification or amendment to these Widget Terms of Use shall be binding upon GetSound.com unless in a written instrument signed by a duly authorized representative of GetSound.com.

18. Definitions

“Content” is information from the GetSound.com Site, made accessible by GetSound.com in its sole discretion. For example, Content can include the profiles of Professional Members who have accounts on the GetSound.com website, as well as additional information available to Users who click on hyperlinks in such profiles.

 “Marks” are trademarks, service marks, logos and trade names of GetSound.com, including without limitation GetSound.com’s trademark, GETSOUND.

“Proprietary Rights” mean any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.

 “Widget” is a software provided by GetSound.com that you can place on your website to enable visitors to access and view Content. As used in these Terms of Use, “Widget” includes all files and images incorporated in, or generated by, the Widget, and any and all data and embedded code that accompanies the Widget, and any upgrades, enhancements or modifications to the Widget.