AUD-EMAIL
Privacy
PRIVACY POLICY

Protection of your privacy is very important to CreateSound. Basically, except as provided in this statement, CreateSound and its technology partner, TalkSender, Inc., will not disclose, sell or rent any of your personally identifiable information without your proper consent.

What We Collect

The personal information collected by CreateSound on this Internet site plays a direct role in the proper operation of CreateSound’s proprietary Aud-eMail software. When you download a copy of a PlayCorder from this Internet Site, CreateSound will ask you for your name and email address.

What We Do With Your Personal Information

CreateSound collects this information for the purpose of informing recipients of Aud-eMails who has sent the Aud-eMail and where they might send a reply. CreateSound and TalkSender store Aud-eMails on their server for a total of two weeks; email addresses are used to identify these Aud-eMails. CreateSound will not sell, share, rent, lease or otherwise distribute your personal information with any third party except as specifically set forth below.

We do collect aggregate information provided by our Web site visitors and distribute that information to our clients. We do this with the goal of improving our service. We do not collect, analyze or distribute any personal information identifying any specific individual to anyone.

We do not use any technology to track Aud-eMails to see if or when they are opened, forwarded to other users or whether or not they elicit a reply. We do not track individuals to see if they return to a site.

In the future, where specified, users will be given the opportunity to submit personal information and "opt into" various activities such as fan clubs. CreateSound does not share any personally identifiable information provided by visitors with third parties, unless specified at time of collection.

When We Might Disclose Your Personal Information

We do reserve the right to disclose user information if required by law or if given reason to believe, in our sole discretion, that someone is causing injury to or interference with the
rights of CreateSound’s users or the general public, or with CreateSound’s rights of property.


Third Party Links to CreateSound Sites

CreateSound and TalkSender bear no responsibility for any action or policies of any third parties or partners that choose to link to CreateSound’s Web site or its microsites. Visitors should always be careful about the personal information they disclose on a public Web site.


Cookies

CreateSound utilizes a "cookie" on this Web site. A cookie is a piece of information
that is transferred to a visitor's hard drive for record-keeping purposes. If visitors choose to, they have the option to set their browser so that they have the ability to refuse cookies. If users choose to click on ads placed by our partners or sponsors, their computer may receive cookies; this information is not shared with CreateSound or its partner, TalkSender.


CreateSound reserves the right to modify, alter or otherwise update this policy at any
time so visitors are encouraged to review this policy from time to time.

RIGHTS and TERMS OF USE

CREATESOUND, INC. ("CreateSound"), along with its affiliate TalkSender, Inc., provides CreateSound.com, CreateSoundInc.com and various CreateSound micro-sites ("CreateSound Sites") for people interested in sharing dynamic interactive Internet-based audio content. Access to and use of any of the CreateSound Sites is subject to the terms and conditions set forth herein ("Terms"). By accessing and using a CreateSound Site, you accept and agree to be bound by, without limitation or qualification, these Terms. If you disagree with any of these Terms, do not access or use the CreateSound Site.

These Terms represent the entire agreement between you and CreateSound and supersede any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of these Terms posted by CreateSound (provided, however, that any such revised posting shall take effect prospectively from the date of such posting). The Terms and the relationship between you and CreateSound shall be governed by and interpreted in accordance with the laws of The Commonwealth of Massachusetts, United States of America, jurisdiction of the state and federal courts located in Boston, Massachusetts, U.S.A. for any legal action arising out of or relating to these Terms and/or your access and use of the CreateSound Sites.

Modifications to these Terms

CreateSound may revise these Terms by updating this posting at any time and without notice to you. You are responsible for reviewing these Terms for revisions. These Terms were last revised at 10:30am Eastern time on September 6, 2001. By accessing and using a CreateSound Site after any revision to these Terms, you accept and agree to be bound by, without limitation or qualification, the revised Terms. If you do not accept and agree to be bound by the revised Terms, do not access or use the CreateSound Site.

CreateSound may in its sole and absolute discretion terminate these Terms, the CreateSound Site, your access to the CreateSound Site, or any transaction conducted on or through the CreateSound Site.

User Conduct

All materials on the CreateSound Sites ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, illustrations and audio clips are protected by copyrights and other intellectual property rights either owned and controlled by CreateSound or by other parties that have licensed the material to CreateSound. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE ONLINE MATERIALS IS PROHIBITED AND SHALL BE GROUNDS FOR IMMEDIATE TERMINATION OF YOUR ACCESS TO AND USE OF THE CREATESOUND SITES. You may not add, delete, distort, or otherwise modify the contents on any CreateSound Site. Any unauthorized attempts to modify any Online Material, to defeat or circumvent our security features, or to utilize the CreateSound Sites for other than their intended purposes are prohibited.

You acknowledge and agree that you are solely responsible for the content of any voice or text messages that you create in Aud-eMail on or through the CreateSound Sites. When using any communication means provided by CreateSound, including without limitation an Aud-eMail, you shall not post, transmit, distribute, upload or otherwise publish any content which: a) libels, defames, or is obscene, pornographic, abusive, or threatening; b) violates any intellectual property right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; e) contains a virus, worm, trojan horse or other harmful or disruptive component, or f) advertises or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non-Approved Material").

The CreateSound Sites may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using the CreateSound Sites. Fraudulent conduct may be reported to law enforcement, and CreateSound will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Right to Use Downloaded Material

CreateSound hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any Material and/or software that you may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") provided, however, that you must maintain all copyright and other notices contained in such Downloaded Material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from CreateSound, TalkSender, or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.

Privacy and Security

Any information collected from you on the CreateSound Sites shall be governed by CreateSound’s Privacy Policy.

Third-Party Links

Any CreateSound Site may include links to other Internet sites which are operated by third parties ("Linked Sites") and which are not under the control and not maintained by CreateSound. CreateSound provides these links to you only as a convenience, and as such, is not responsible for the content of such Linked Sites. The inclusion of any link to these sites does not imply an endorsement by CreateSound. CreateSound reserves the right to terminate any link or linking program at any time.

Notice of Copyright Infringement

Notices of copyright infringement should be directed to:

Registered Copyright Agent

By Mail:

CreateSound, Inc.

63 Melcher St.; 5th floor

Boston, MA 02210

Telephone: 617.988.8008

By Email: COPYRIGHT_AGENT@CREATESOUND.COM

Notices of copyright infringement should contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity.

4. The address, telephone number, or email address of the complaining party.

5. A statement that the complaining party has 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.

6. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In compliance with the Digital Millennium Copyright Act, upon notice of copyright infringement, CreateSound will act expeditiously to remove or disable access to any material claimed to be a copyright infringement. When CreateSound removes or disables access to any material claimed to be a copyright infringement, CreateSound may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although CreateSound makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. CreateSound will give the complaining party an opportunity to seek judicial relief in accordance with the Digital Millennium Copyright Act before CreateSound replaces or restores access to any material as a result of any counter notification.

Right To Monitor

You acknowledge that CreateSound has no obligation to monitor the CreateSound Sites. However, you acknowledge and agree that CreateSound has the right to monitor the CreateSound Sites and to remove anything that violates these Terms or is otherwise objectionable.

CreateSound has the right, but not the obligation, to monitor any activity associated with the CreateSound Sites. CreateSound may investigate any complaint or reported violation of these Terms and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of materials from the CreateSound Sites, including Aud-Emails.

 

CreateSound reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect CreateSound’s systems, or to ensure the integrity and operation of CreateSound’s business, CreateSound may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, Internet Protocol addressing and traffic information, usage history and posted content.

Indemnification

You agree to indemnify, defend and hold harmless CreateSound and TalkSender against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from your breach of this Agreement and/or your activities in connection with the CreateSound Sites.

WARRANTY; LIABILITY LIMITATION

THE CREATESOUND SITES ARE PROVIDED ON AN "AS IS" BASIS. CREATESOUND AND TALKSENDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ANY AND ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE CREATESOUND SITES OR THE SERVICES PROVIDED THEREON OR THERETHROUGH WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PROVIDERS; AND, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CREATESOUND.

YOU ACKNOWLEDGE AND AGREE THAT ALL ACCESS AND USE OF ANY OF THE CREATESOUND SITES IS AT YOUR OWN RISK, AND YOU UNDERSTAND THAT NEITHER CREATESOUND NOR TALKSENDER, INC. SHALL PROVIDE ANY ASSISTANCE IN THE USE OF THE SOFTWARE EXCEPT FOR THE HELP SECTION AS FEATURED ON THE CREATESOUND SITES. NEITHER CREATESOUND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CREATESOUND SITES, INCLUDING WITHOUT LIMITATION TALKSENDER, INC., SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE ANY OF THE CREATESOUND SITES, OR ANY ERRORS OR OMISSIONS IN ANY OF THE CREATESOUND SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CREATESOUND SITES IS TO STOP USING THE CREATESOUND SITES.

Miscellaneous

This site is controlled and operated by CreateSound and its technology partner, TalkSender, Inc., from their offices in the Commonwealth of Massachusetts, United States of America. Together, CreateSound and TalkSender make no representations that materials made available on or through any CreateSound Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from any CreateSound Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. If any provision of these Terms is held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. You may not assign or transfer your rights and your obligations pursuant to these Terms. These Terms shall bind and benefit your successors, heirs and legal representatives. The failure of CreateSound or TalkSender to enforce the strict performance of any provision of these Terms shall not be a waiver of its right to subsequently enforce such provision or any other provisions of these Terms.

CreateSound, the CreateSound logo, and Aud-Email are trademarks of CreateSound, Inc. TalkSender and the TalkSender logo are trademarks of TalkSender, Inc. Please be advised that CreateSound and TalkSender actively and aggressively enforce their intellectual property rights.

Copyright 2001 CreateSound, Inc. and TalkSender, Inc.

All rights reserved.