Terms of Service

Last Updated: December 15, 2009

This is a legal agreement between you and Veronica Rose Productions Inc. d/b/a Digsound ("DS"). By using or accessing this website currently located at www.DigSound.com (the "Site"), or by accessing or using any part of the third party services made available through DS (together with the Site, collectively referred to herein as the "Service"), you agree to be bound by these Terms of Service and by the DS Privacy Policy, which are collectively referred to as the "Agreement". If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by DS from time to time in accordance with the next paragraph, will govern all your future use of the Service.

DS may revise these Terms of Service and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Site. DS recommends that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by any Terms of Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.

The Service

The Service enables users to register for and access a suite of third party services. You acknowledge and agree that DS may, in its sole discretion, and without any liability to you establish revised practices and policies concerning use of the Service. You further agree that DS may modify, suspend, or discontinue, temporarily or permanently, any or all of the Service, in its sole discretion, without any liability to you.

Accounts

In order to use the Service, you must register and create a "Digsound" account. You may create a Digsound account on DS' sign-up page. Once you have created an account, you will be a "Registered User". In creating an account, you agree to provide accurate, current, and complete information. You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify DS of any unauthorized use of your password. You are responsible for keeping your account information current and accurate. DS will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.

DS' Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, design elements and contents of the website (including assembly and arrangement) ("DS Content"), and all Intellectual Property Rights related thereto, are the exclusive property of DS and its licensors. Nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights or a conveyance, assignment or transfer thereof, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the DS Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Trademarks

DS and the DS logo, and all other DS trademarks, service marks, product names, and trade names of DS appearing on the Service are owned by DS. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner's prior written consent.

General Prohibitions

As a condition to your use of the Service, you agree not to:

  • Use the Service in a manner that: (i) infringes or misappropriates the Intellectual Property Rights or violates the privacy or publicity rights of any third party; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Access, tamper with, or use any non-public areas of the Service or DS' computer systems or the technical delivery systems of DS' providers or licensors;
  • Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
  • Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
  • Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services; and
  • Impersonate or misrepresent your affiliation with any person or entity.

DS will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property or privacy rights and possible security breaches, to the fullest extent of the law. DS may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although DS has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. DS reserves the right at all times to disclose, in its sole discretion, any information provided by you as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what DS considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. DS may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

Third Party Links and Services

The Service may contain links to or from third-party websites, products and/or services. You acknowledge and agree that DS is not responsible or liable in any way whatsoever for: (i) the availability or accuracy of such websites; (ii) the content, products and/or services on or available from such websites; or (iii) the payment of any fees requested by any third party content, product and/or service provider for such third party content, products and/or services. Links to such websites do not imply any endorsement by DS of such websites or the content, products and/or services available therefrom. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites, products and/or services. You acknowledge and agree that DS makes no warranties or representations, express or implied, of any nature whatsoever, as to any third party content, products and/or services that may be accessed through the Service as contemplated by the Service, and DS shall not be liable in any way whatsoever for any or all of such third party content, products and/or services and/or any use by you of the same.

Representations and Warranties

In connection with your use of the Service, you affirm, represent and warrant in this Agreement, the following:

  • You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
  • Your use of the Service and any third party services accessed through DS as contemplated by this Agreement and the Service, will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS-IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DS MAKES NO WARRANTY THAT THE SERVICE OR ANY THIRD PARTY PRODUCTS OR SERVICES MADE AVAILABLE BY ACCESSING OUR SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT DS WILL NOT BE RESPONSIBLE FOR: (I) ANY DAMAGES TO YOUR COMPUTER SYSTEM OR THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT MAY RESULT FROM USE OF THE SERVICE; (II) OR ANY THIRD PARTY PRODUCTS AND/OR SERVICES THAT MAY BE ACCESSED THROUGH OUR SITE AND/OR SERVICE.

Indemnity

You will defend, indemnify, and hold harmless DS, its officers, directors, affiliates, employees, agents or licensors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your alleged or actual violation or breach of this Agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OR DEGRADATION OF CONTENT OR INFORMATION OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY THIRD PARTY PRODUCTS AND/OR SERVICES. UNDER NO CIRCUMSTANCES WILL DS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PRODUCTS OR SERVICES, WHETHER SUCH CONTENT, PRODUCTS OR SERVICES ARE PROVIDED BY THIRD PARTIES OR OTHERWISE, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USE OF ANY SUCH CONTENT, PRODUCTS OR SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR ANY THIRD PARTY PRODUCTS AND/OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (VII) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY.

IN NO EVENT SHALL DS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE PAID TO DS HEREUNDER AS OF THE DATE OF ANY SUCH CLAIM. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from facilities located in the United States. DS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

Controlling Law and Jurisdiction

This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Los Angeles County, California, and you waive any objection to jurisdiction and venue in such courts.

Entire Agreement

This Agreement is the entire and exclusive agreement between DS and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between DS and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other third party products or services, that you may access through DS.

General

You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. DS may freely assign this Agreement and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and DS. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. DS may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of DS to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. If you have any questions about this Agreement, please contact DS at admin@digsound.com


Privacy Policy

This Privacy Policy is effective as of December 15, 2009.

Veronica Rose Productions Inc. d/b/a Digsound ("DS", "we", or "us") knows that you care how information about you is used and shared. This Privacy Policy explains what information of yours will be collected by DS when you access DS’ website and related services (“Service”), how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy.

Information We Collect

User-Provided Information: You may provide us information about yourself, such as your name, date of birth, and e-mail address, when you register with the Service. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.

Cookies Information: When you use the Service, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets DS help you log in faster and enhance your navigation through the site. A cookie does not collect personal information about you. DS uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

Clear Gifs Information: When you use the Service, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your DS account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to, or on behalf of, our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make DS better for our users.

How We Use Your Information

We use the personal information you submit to us to operate, maintain, and provide to you the features and functionality of the Service.

By providing DS your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related emails but may change the frequency of receiving such emails by contacting us directly at admin@digsound.com at any time.

We may also use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by sending an email message to admin@digsound.com with the words "No email" in the subject field. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

DS may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, providing the Service itself, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our service; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP; and (f) help you efficiently access your information after you sign in.

How We Share Your Information

Personally Identifiable Information: DS will not rent or sell your personally identifiable information to others, except in the case of the sale by DS of its assets or business offerings or in the course of corporate divestitures, mergers, or dissolution. In such event, DS shall not be liable to you for any payments or compensation whatsoever for such rental or sale of your personally identifiable information.

In order for you to access and receive third party services requested by you through DS, you acknowledge that it is necessary for DS to share your personally identifiable information and other information with any such third party service provider, and you consent to the same. If we do this, you will be bound by the privacy policy of such third party service provider upon transfer of any such information to the applicable third party service provider. The DS Privacy Policy does not apply to, and we cannot control the activities of, such third party service providers. In addition, we may store personal information in locations outside the direct control of DS (for instance, on servers or databases co-located with hosting providers).

Except as otherwise described in this Privacy Policy, DS will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Service [Include link], take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of DS, our users or others.

Non-Personally Identifiable Information: We may freely share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain DS services. We may also rent, license or sell any non-personally identifiable information to third parties at any time without your consent, and without any payment or compensation whatsoever to you.

DS allows other companies, called third-party ad servers or ad networks, to serve advertisements on the DS site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on DS. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.

DS does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks DS to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks. The DS Privacy Policy does not apply to, and we cannot control the activities of, such advertisers.

How We Protect Your Information

DS uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to DS, and you do so at your own risk. Once we receive your transmission of information, DS makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from DS, at all times.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, DS will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through DS, in which case DS may not be able to provide certain services to you. You may review, update or correct the information about you that DS keeps on file, including your email preferences, by contacting us directly at admin@digsound.com at any time.

Links to Other Web Sites and/or services

We are not responsible for the practices employed by Web sites and/or third party service providers linked to or from our Service nor the information or content contained therein. Please remember that when you use a link to go from our Service to another Web site or third party service, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site or third party service, including those that have a link from our Service, is subject to that Web site’s or third party service provider’s own rules and policies. Please read over those third party rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for security, marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by DS in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, please contact us at admin@digsound.com, or send mail to:

Veronica Rose Productions Inc.
34 Ozone Street
Suite 3
Venice, CA 90291