Personal Use Only
AUDITION UPDATE’s service is made available and is intended solely for the personal and private use and benefit of our Customers. You may not use AUDITION UPDATE’s service to sell, promote or market any product or other service, and/or for any other commercial purposes, and this service may not be re-sold or transferred to any third party, without the express prior written consent and approval of AUDITION UPDATE.
Intellectual Property Policy
The contents of AUDITION UPDATE’s service, as distributed and delivered to its Customers, is the sole and exclusive property of AUDITION UPDATE LLC, a New York limited liability company. Any sale, reproduction and/or distribution of the contents of AUDITION UPDATE’s service , without AUDITION UPDATE’s express prior written consent, is strictly prohibited. The foregoing expressly includes, but is not limited to, any form of electronic, written, and verbal format versions of AUDITION UPDATE’s proprietary content. Any violations of the express written terms and conditions as contained and set forth in the Terms of Service, shall be strictly enforced by AUDITION UPDATE. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
Disclaimer of Warranties
Under no circumstance shall AUDITION UPDATE provide any sort of refund, be it partial, pro-rated or otherwise, for any reason.
AUDITION UPDATE disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed or provided by AUDITION UPDATE, which relies on independent third parties who contribute to the content of AUDITION UPDATE’s service. AUDITION UPDATE disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. AUDITION UPDATE disclaims any responsibility for any harm resulting from downloading, accessing, receiving, or subscribing to any information or material provided by AUDITION UPDATE.
THE AUDITION UPDATE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE AUDITION UPDATE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. AUDITION UPDATE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AUDITION UPDATE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE AUDITION UPDATE SERVICES. AUDITION UPDATE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE AUDITION UPDATE SERVICES. AUDITION UPDATE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AUDITION UPDATE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE AUDITION UPDATE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE AUDITION UPDATE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE AUDITION UPDATE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR CELLULAR HANDSET OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU ALSO ACKNOWLEDGE THAT AUDITION UPDATE IS IN NO WAY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE THAT MAY TAKE PLACE ON YOUR CELL PHONE, PDA, PERSONAL HAND-HELD DEVICE, OR ANY OTHER EQUIPMENT USED DIRECTLY OR INDIRECTLY TO ACCESS AUDITION UPDATE SERVICES.
IN SUBSCRIBING TO USE THE AUDITION UPDATE SERVICES, YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL CHARGES THAT YOU MAY INCUR THROUGH ITS USE. AUDITION UPDATE IS IN NO WAY RESPONSIBLE FOR ANY CHARGES YOU RECEIVE FROM YOUR CELLULAR SERVICE PROVIDER OR YOUR INTERNET SERVICE PROVIDER. BY USING THE AUDITION UPDATE SERVICES, YOU RECOGNIZE THAT IT IS THE SUBSCRIBER’S SOLE RESPONSIBILITY TO ENSURE THAT YOUR CELLUALR SERVICE PLAN PROVIDES THE APPROPRIATE AMOUNT OF SERVICE TO HANDLE THE DATA YOU MAY RECEIVE IN USING THE SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, CELLULAR MINUTES, ALLOTED SMS TEXT MESSAGES, ALLOTED MMS MESSAGES, DATA PACKAGES, PICTURE MESSAGES, VOICE MESSAGES, AND ROAMING AREAS. YOU HEREBY RELEASE AUDITION UPDATE LLC FROM ANY AND ALL RESPONSIBILITY FOR INTERNET AND CELLULAR SERVICE CHARGES OF ANY KIND AS WELL AS ANY REPAIR CHARGES THAT YOU MAY INCUR FROM THE USE OF THE AUDITION UPDATE SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT AUDITION UPDATE UPDATE IS ENTITLED TO THE BENEFIT OF SUCH EXCLUSIONS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AUDITION UPDATE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE AUDITION UPDATE SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF AUDITION UPDATE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE AUDITION UPDATE SERVICES, FROM INABILITY TO USE THE AUDITION UPDATE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AUDITION UPDATE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AUDITION UPDATE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE AUDITION UPDATE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE AUDITION UPDATE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE AUDITION UPDATE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE AUDITION UPDATE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE AUDITION UPDATE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT AUDITION UPDATE UPDATE IS ENTITLED TO THE BENEFIT OF SUCH EXCLUSIONS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Without limiting the foregoing, under no circumstances shall AUDITION UPDATE or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or Your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
The Terms of Service constitutes 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. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by AUDITION UPDATE LLC.
AUDITION UPDATE PRIVACY STATEMENT
AUDITION UPDATE is committed to fair information practices. This commitment extends both to ensuring that we use data from our customers in an appropriate and expected manner and to educating our customers and the public generally about the appropriate use of information provided by AUDITION UPDATE.
This AUDITION UPDATE Privacy Statement describes our general principles for the collection and use of information from customers and visitors to our Web site [www.auditionupdate.com]. We pledge to use information about our Web site visitors responsibly, and we will not disclose this information for commercial purposes to any person or organization outside AUDITION UPDATE, other than as described herein. Please read on for more details about the AUDITION UPDATE Online privacy practices.
General Information Collection and Use Practices
Following is an overview of general information collection and use practices, as well as specific policies of particular products and services that may differ from the general policy:
1. IP Addresses. AUDITION UPDATE's Web site may collect technical information about Your session (such as browser type, ISP, referring/exit pages, platform type, date/time stamp, number of clicks, domain name and country/state). This information is used to analyze trends, administer the site and track site usage.
2. Personal Information Collected From Site Visitors. AUDITION UPDATE's Web site may offer visitors the ability to register and personalize the information content displayed by AUDITION UPDATE. Visitors may also be able to sign up for newsletters and purchase products and services online. In order to complete the registration or order processes, You may be asked to provide contact information (such as name, address, e-mail address and telephone numbers, and service providers), and other demographic data, as well as financial information for product orders (such as account or credit card numbers). If You are a minor, You may be asked to provide an authorization from a parent or guardian in order to complete the registration or order process. Finally, You may be asked to disclose personal information to us so that we can provide assistance and information to You. For example, we may collect personal information from You (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting. The information collected from You is used by AUDITION UPDATE and our agents to deliver the requested information content, process Your orders and facilitate Your relationship with us. Financial information collected from You is used only to bill You for the products and services that You have purchased. We may also use Your contact information to send You information about other AUDITION UPDATE products and services as well as promotional material that may be of interest to You from some of our marketing partners. If You do not want to receive these promotional announcements, You may be able to opt-out when You provide us with contact information or at any time after You register by updating Your preferences with each AUDITION UPDATE service to which You are registered, listed below.
4. Data Sharing. AUDITION UPDATE shares the personal data collected from You with agents and contractors who use the data only on our behalf or in connection with their content relationship with AUDITION UPDATE. AUDITION UPDATE may also share information with other AUDITION UPDATE businesses. Finally, AUDITION UPDATE will share data as required by law, when required as a matter of public safety or policy, or as needed in connection with the transfer of other business assets. In compliance with U.S. law, AUDITION UPDATE does not share information with any unaffiliated third parties for marketing purposes unless You expressly ask us to.
5. Accessing and Updating Your Personal Information. AUDITION UPDATE provides all of its customers with reasonable opportunity to access and update their customer profile information. If You have disclosed information to us via an online order form or application, You may access and update this information. Our customer support department can also reasonably assist You with other requests related to data maintained by us.
6. Information About AUDITION UPDATE Subscribers. AUDITION UPDATE subscribers can access AUDITION UPDATE content via auditionupdate.com. Information about AUDITION UPDATE subscribers and their usage of AUDITION UPDATE via auditionupdate.com is maintained in a secure environment and not shared with third parties for targeted marketing purposes. AUDITION UPDATE does not disclose any information about any subscriber's usage of auditionupdate.com other than to enforce the terms of our subscriber agreements or as required by law. AUDITION UPDATE's Web site may make chat rooms, forums, message boards or news groups available to You. Please remember that any information that is disclosed in these areas becomes public information and You should exercise caution when disclosing personal information in these areas. Similarly, You should not disclose any information in our public forums, that You might consider confidential.
7. Security. AUDITION UPDATE has taken measures to ensure the security and to help prevent the loss, misuse and/or alteration, of the information under our control, however, in no manner, are such measures guaranteed.
9. Changes to Our Policies. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this privacy statement. If our information practices change, we will post and highlight the policy changes, and we will provide customers with the opportunity to opt out of the new data uses.
10. Contacting the Web Site. If You have any questions about AUDITION UPDATE's Privacy Statement and/or the Terms of Services please e-mail us at HYPERLINK "mailto:email@example.com" firstname.lastname@example.org.