Terms

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PROTECTION OF SITE CONTENT

Our Sites are protected by U.S. and international intellectual property laws, which you agree to respect. All content on the Sites, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of More Than Noise or its content suppliers.   All software used on the Sites is the property of More Than Noise or its software suppliers.

TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Sites, and/or your Account, or suspend or block your access to the Sites. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Sites after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Sites. More Than Noise may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 8 with respect to removal or modification of Content previously posted on the Sites.

The provisions entitled “Posting Content on the Site; Representations and Warranties,” “Ownership of Rights; License Rights,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages; Limitation of Liability,” and “Additional Terms” and the Privacy Policy will survive termination of these Terms.

DEALINGS WITH MERCHANTS; LINKS

These Sites contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that More Than Noise is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Sites does not imply that we endorse the linked site. You use the links at your own risk. More Than Noise’s Privacy Policy is applicable only when you are on our Sites.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Sites or which provide links on the Sites, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against More Than Noise and agree to hold More Than Noise harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Sites.

INDEMNIFICATION

As a condition of your access to and use of the Sites, you agree to hold More Than Noise, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Sites and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Sites; (iv) More Than Noise’s resolution (if any) of any dispute you have or claim to have with one or more users of the Sites; (v) your improper authorization for More Than Noise to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that More Than Noise disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) More Than Noise will have the right but not the obligation to resolve disputes between users relating to the Sites and More Than Noise’s resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) More Than Noise’s resolution of a dispute will be final with respect to the Sites.

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