TERMS OF USE FOR PLATINUMSAMPLES.COM
Please review before using this site
Platinum Samples ("Platinum Samples") provides this Web site (the "Site") for your use as a customer or member of the media industry. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. Platinum Samples may change these Terms of Use from time to time, at Platinum Samples' sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.SECTION 1: GENERAL PROVISIONS
Use of information and software available on the site
You acknowledge that Platinum Samples reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of Platinum Samples and/or its suppliers or licensors.
Unless otherwise noted in a particular document, Platinum Samples hereby authorizes you to electronically copy or print in hard copy any document published by Platinum Samples on the Site solely for your internal reference purposes within your organization. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by Platinum Samples without prior written approval from Platinum Samples or the appropriate supplier or licensor is strictly prohibited.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Platinum Samples, its suppliers or licensors, or any other third party.
Any software available to download from the Site is the copyrighted work of Platinum Samples and/or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software ("License Agreement"). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the License Agreement.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
Design and layout
The design of the Site is the property of Platinum Samples. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.Sound Files
All sound files on the Site are Copyright © 2006 Platinum Samples. All rights reserved.Links to other sites
Any links to other sites are provided solely for your convenience. Such sites are not under the control of Platinum Samples, and Platinum Samples is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.User privacy information
In general, people may visit the Site while remaining anonymous and not revealing any personal information. Platinum Samples does use "cookie" technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can participate in certain portions of the Site. Platinum Samples does not, without your permission, sell to third parties information you have submitted to this Site that identifies you personally. For a complete description of how Platinum Samples uses cookies or the information collected from the Site, please see Platinum Samples' Privacy Policy applicable to the Site, which is incorporated into these Terms of Use by reference. Some portions of the Site may permit you to post certain information about yourself if you choose to do so. If you decide to use those portions of the Site and post information about yourself, the information you post is, of course, exempt from this Privacy Policy.Platinum Samples intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to Platinum Samples or on the Site.
User feedback and improper transmissions
Except for Posted Information or personal information, if you transmit to or otherwise provide to Platinum Samples any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. Platinum Samples shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to Platinum Samples, you are deemed to grant to Platinum Samples a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, Platinum Samples will have no liability related to the content of any such communications.
You may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
International information
The Site may provide access to international data about Platinum Samples, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that Platinum Samples, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.Contests/Sweepstakes
From time to time, you may be invited to participate in contests, sweepstakes, or similar events. Such events may require you to submit personal information to participate. Each event shall be subject to separate rules, and you should review all applicable rules before participating. Please see the Privacy Policy for additional detail. Posting by Platinum Samples of a contest, sweepstake or similar event on the Site does not mean that it is applicable to your jurisdiction.Linking and framing
You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the Site only by linking to the home page located at platinumsamples.com. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.Violation of terms of use
You acknowledge that Platinum Samples has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of Platinum Samples, interfere with any other user's access or use of the Site, or if Platinum Samples decides that your use is otherwise detrimental to Platinum Samples, the Site, or Platinum Samples' suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact Platinum Samples at webmaster@platinumsamples.com. Platinum Samples may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. Platinum Samples does not have any obligation or liability to you for the performance or nonperformance of those activities.Site Services
Platinum Samples may, from time to time, offer through the Site certain services that may be subject to their own specific terms and conditions ("Service Terms and Conditions"). In the event of any conflict between those Service Terms and Conditions and these Terms of Use, the applicable Service Terms and Conditions shall control. Please be sure to review any applicable Service Terms and Conditions before making use of a Site service.General
These Terms of Use are governed by the laws of the State of California, without regard to the rules of conflict which may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The failure of Platinum Samples to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.SECTION 2: DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
For avoidance of doubt, please note that the term "Site" as used in Section 2 encompasses all content of this Site whatsoever, including but not limited to Posted Information.Disclaimers
THE SITE IS PROVIDED BY PLATINUM SAMPLES "AS IS" AND WITH ALL FAULTS. PLATINUM SAMPLES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, PLATINUM SAMPLES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLATINUM SAMPLES SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. PLATINUM SAMPLES DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLATINUM SAMPLES SPECIFICALLY INFORMS YOU THAT PLATINUM SAMPLES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
Exclusion of damages and limitation of liability
UNDER NO CIRCUMSTANCES SHALL PLATINUM SAMPLES OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF PLATINUM SAMPLES, THEIR SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF PLATINUM SAMPLES, AND THEIR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.Indemnification
You agree to indemnify, hold harmless, and defend Platinum Samples, and their licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
Copyright 2006 Platinum Samples. All rights reserved