getwinamp.net Terms of Service - Winamp

Nullsoft Terms of Use for Winamp.com

INTRODUCTION

The Nullsoft, Inc. ("Nullsoft") Terms of Service consist of these terms, the Nullsoft Privacy Policy, found here, and any supplemental terms provided to you for any products services, software, websites and other information, documents, text, directories, data, icons, communications, files, photos, video, graphics, music, and sound (collectively, the "Services") owned or operated by or on behalf of Nullsoft. This is a contract in electronic form between you and Nullsoft and by using the Services you are agreeing to the terms and conditions set forth in this document and any changes to this document that Nullsoft may publish from time to time (collectively, the "Terms of Service").

ACCEPTANCE OF TERMS THROUGH USE

By accessing or using the Services in any way, including, without limitation, using or downloading any content, or merely browsing, you agree to and are bound by the Terms of Service. If you do not agree to these Terms of Service please do not use the Services. If you breach any of the Terms of Use, your authorization to use the Services automatically terminates, and any content downloaded or printed from the Services in violation of the Terms of Service must be immediately destroyed. We reserve the right, at our discretion, to update or revise these Terms of Service at any time. Please check the Terms of Service periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

PROPRIETARY RIGHTS

You acknowledge and agree that the Services and all content provided on the Services are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, Nullsoft owns a copyright in the selection, organization, arrangement and enhancement of the Services and content, as well as in the content original to itself. Third parties whose content appears on the Services own the copyright in the content original to them. Additionally, among the trademarks owned by Nullsoft are: Nullsoft, Winamp, SHOUTcast, SHOUTcast.com, winamp.com, and the Nullsoft Winamp logo. The look and feel of any Nullsoft website, including our color combinations, button shapes, and other graphical elements, also are Nullsoft trademarks.

USE OF THE SERVICE

This Services and its content are provided for your personal informational and entertainment use only and may only be used for lawful purposes. By using the Services, you agree not to reproduce, republish, display, frame, download, transmit, modify, rent, loan, sell, assign, distribute, reverse engineer, adapt, edit, or create derivative works based on the Services or its content, except as expressly authorized herein. You also agree that you will not store, reproduce, transmit, publicly display, publicly perform, distribute, publish, broadcast or otherwise make available the content, including without limitation the radio, TV, or other audio visual content directory listings available on and through the Services (collectively, the "Directory"), or any portion of the Directory, whether electronically or in any other form, and whether for commercial purposes or any purpose other than your own personal use, unless approved in writing by Nullsoft. Any portion of the Directory which is downloaded or otherwise reproduced from this website may be retained only for a temporary period of time. Systematic retrieval of data or other content from the Directory or other use of such data and other content, directly or indirectly, to create or compile a collection, database or directory without written permission from Nullsoft is prohibited and you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Services.

You may not post on or transmit, through any community or otherwise, upload or download any content that (i) violates or infringes in any way upon the rights of others, including without limitation copyrights and trademarks, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense, (iv) gives rise to civil liability or (v) otherwise violates any law. You are responsible for determining whether posting or transmitting any particular content violates any of the provisions above or any laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any content you upload, post or submit. You also may not undertake any conduct that, in the judgment of Nullsoft, restricts or inhibits any other user from using or enjoying the Services, including without limitation, the community areas.

You may not harvest or collect information, including email addresses, user names, or other contact information about Service users, for the purpose of sending unsolicited bulk e-mail or instant messages.

Some of the features of this Service, such as forums, require registration. You agree to provide only accurate, complete and updated registration information, and you agree to keep such information current. You may not select and use a user name that impersonates another person or entity, belongs to another person, violates the intellectual property rights of any person or entity, or that Nullsoft considers offensive.

The use of some of the services and features and all of the software available in conjunction with the Services is governed by separate terms of service and/or licenses. You are not authorized to use such services and features or software unless you agree to abide by the applicable terms/license.

MONITORING

Nullsoft has the right, but not the obligation, to monitor its Services, including without limitation the community, upload and download areas, to determine compliance with the Terms of Service and any other operating rules that may be established by Nullsoft from time to time. Nullsoft has the right in its sole discretion to edit, refuse to post or remove any content submitted to or posted to or on the Services. Without limiting the foregoing, Nullsoft has the right, but not the obligation, to remove any content that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Service, otherwise objectionable, or stale. Users shall remain solely responsible for the content they post or submit. You acknowledge and agree that Nullsoft shall not assume or have any liability for any action or inaction with respect to any conduct within the community areas or any communication or posting in the community areas.

THIRD PARTY SITES, SOFTWARE, AND CONTENT

The Services may produce automated search results, directory links, or otherwise link you to other locations available through the Internet. These locations may contain or broadcast information or material that some people may find inappropriate, offensive or otherwise objectionable. These other locations are not under the control of Nullsoft, and you acknowledge that Nullsoft is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content or broadcasts from such locations. Nullsoft does not pre-screen the broadcaster channel listings or related content available through the Directory or the content available through the music or video search results and Nullsoft makes no representations or warranties regarding such channel listings, search results or content. The inclusion of such a link does not imply endorsement of the site or broadcast by Nullsoft or any association with its operators. You should direct any concerns to such external site's administrator or webmaster. The Services also may make third party software or other materials available for download. Nullsoft does not create, endorse, or sponsor such third party materials, and if you download any such third-party materials that we index or support, you do so completely at your own risk. If you plan to download any software or other materials, please be sure to read the copyright and licensing information first.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to the Services, you: grant Nullsoft the worldwide, royalty-free, perpetual, and non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote such content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Nullsoft will not infringe or violate the rights of any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Nullsoft Inc. and its parent company, AOL Inc., respect the intellectual property of others, and we ask our content providers to do the same. If you believe that your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify Nullsoft by providing our copyright agent the following information:

  • An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.
  • Identification of the URL or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Nullsoft's agent for notice of claims of copyright infringement on this site can be reached as follows:

PRIVACY

The Nullsoft Winamp.com Privacy Policy explains how your information is collected and used and the choices you have with that information. You consent to Nullsoft using your registration information and other information collected on or through the Services under the terms of the Nullsoft Winamp.com Privacy Policy.

DISCLAIMER OF WARRANTIES

THE SERVICES AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. NULLSOFT, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NULLSOFT, AOL INC., OR THEIR RESPECTIVE PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "NULLSOFT GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NULLSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NULLSOFT GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE NULLSOFT GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.

INDEMNIFICATION

Upon a request by Nullsoft, you agree to defend, indemnify, and hold harmless Nullsoft and its parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Services in a manner not in strict conformance with these Terms of Service. Nullsoft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nullsoft in asserting any available defenses.

INTERNATIONAL USE

Nullsoft makes no representation that the Services and content are appropriate or available for use in locations outside the United States, and accessing it from territories where the Services and/or content is illegal is prohibited. Those who choose to use and access the Services and content from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Services shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Nullsoft with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Nullsoft with respect to the Services. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

Nullsoft reserves the right, in its sole discretion, to terminate your access to all or part of this Services, with or without notice.

CONTACTS

For help with the Winamp player, please go to http://www.winamp.com/support

For information on the Winamp Commercial Skins Marketing Program, please go to http://advisor.aol.com/.

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