Welcome to the That Sounds Awesome website, offered by A & T Productions, LLC., www.thatsoundsawesome.com, and other related sites, software, applications, content, products, communications, capabilities and services (“Services”) accessible on or by any top-level A & T Productions domain owned by us and our affiliates and subsidiaries (hereinafter referred to as “That Sounds Awesome”) (the “Website”).
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using https://www.thatsoundsawesome.com website (the “Service”).
By using the Website, you (“User” or “you”) are agreeing to these Terms and to the conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree that (1) you have read and familiarized yourself with this Agreement, (2) you understand the Agreement, and (3) you are bound by the Agreement in your use of the Website. You are entering into this Agreement with A & T Productions, LLC.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN OR INCORPORATED BY REFERENCE INTO THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
Modification of These Terms and Conditions
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. You can tell if these Terms have changed by checking the “updated” date that appears above. Your continued access or use of the Website signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Website will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.
Who Can Use the Website
The Website is not intended to be used by persons under the age of 18 years old. If you are under the age of 18 years old, please do not use the Website or any of the services offered by A & T Productions. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Website for any reason or for no reason, in our sole discretion.
User Information and Communications
By creating an Account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. In the course of using the Website, you may provide or we may collection information about you. We are committed to protecting the privacy of our Business Partner’s information. That Sounds Awesome Privacy Policy governs the use of information collected from or provided by you through the Website. With respect to any individual whose personal information is provided by you to That Sounds Awesome, you represent to That Sounds Awesome that you have obtained all necessary consents for the processing of such personal information contemplated by the services you are using, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. By posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
We have the right but not the obligation to monitor and edit all Content provided by users.
The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to That Sounds Awesome. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Additionally, you agree not to:
Intellectual Property
Except for public domain material, the Website is protected by intellectual property laws, including U.S. copyright laws. Subject to your compliance with these terms and conditions and any Service terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Content at the Website while connected to the Website (including, where available, to email individual Content to others directly from this site) for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, and downloading product information for your personal review. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by A & T Productions. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks such as metatags on other web sites also is strictly prohibited. You may not display the Website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our feedback form.
Electronic Communications
When you visit the Website or send or accept electronic messages through the Website, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Website. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at [email protected].
Digital Millennium Copyright Act Notice
A & T Productions respects the intellectual property rights of others. A & T Productions may, in appropriate circumstances and at its sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at the Website, or other social network platforms operated by That Sounds Awesome, in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act.
Your notice must satisfy the requirements of the DMCA and include the following information:
Unsolicited Ideas
That Sounds Awesome does not accept or consider unsolicited ideas, suggestions or proposals for new or improved products, features or technologies (collectively, “Submissions”). Please do not send any Submissions in any form to Kids2 or any of its employees.
If, despite our policy, you still submit your ideas to That Sounds Awesome, the following terms shall apply to your Submissions, regardless of what your communication states. You agree that:
Security
Registered Users are responsible for the protection of their account numbers, customer name, and password associated with Internet access to all Website and Interactive Areas. In the event of any unauthorized access to your account, you must immediately notify That Sounds Awesome; however, That Sounds Awesome is not responsible or liable for damage of any kind as a result of any unauthorized access. To protect yourself from unauthorized access to your account information, That Sounds Awesome highly recommends that you change your password frequently and do not share your password with anyone.
Limitation of Liability
IN NO EVENT SHALL THAT SOUNDS AWESOME BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY KIND OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INTERACTIVE AREAS, OR THAT SOUNDS AWESOME’S SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THAT SOUNDS AWESOME IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Please note that applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you.
Disclaimer of Warranties
The material on this Website could include technical inaccuracies or other errors. Your use and browsing of this Website is at your own risk. Neither That Sounds Awesome nor any other party involved in creating, producing or delivering this Website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website. If your use of this Website or the material contained on the Website results in the need for servicing or replacing property, material, equipment, or data, A & T Productions is not responsible for those costs.
Indemnification
You agree to defend and indemnify A & T Productions and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:
Termination
You agree that A & T Productions, in its sole discretion, may terminate or suspend your use or access to the Website, Interactive Areas, Submissions, Content, information, and services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of Submissions. Accessing the Website, Interactive Areas, Submissions, Content, information, and services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that A & T Productions shall not be liable to you or any third party for any termination or suspension of your access to the Website, Interactive Areas, Content, information, and services.
Third Party Services and Content
The Website may contain links to websites, pages, accounts or other electronic media owned or controlled by parties other than That Sound Awesome. Such links are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on That Sound Awesome to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
No Medical Advice
The Sites may contain articles, blogs, questions and answers, frequently asked questions or other postings (each an “Article”) regarding health care, medicine, nutrition and similar topics. All such information is general in nature and should not substitute for, or be used instead of, a clinical or therapeutic relationship with a health care professional who is fully familiar with the specifics of your case. Such Articles may assist you in your personal, general research but none of it constitutes the practice of medicine or any other health care profession. Nothing in any Article is intended as a recommendation or endorsement of any specific tests, products, procedures, healthcare provider, opinions or other information that may be mentioned on our Sites. Email correspondence with any author of an Article (even if the author is a physician), will not, in and of itself, create a physician/patient relationship or cause such author to create or retain any medical records about you, monitor your care or communicate with your health care provider. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. If you suspect that you may have a medical condition, or are seeking medical advice or treatment, we recommend that you consult a qualified health professional as soon as possible. You should be aware of the general risks of transmitting information over the Internet, which may not use encryption. You should therefore not share any personal medical information that you would wish to be held confidential in a physician/patient or similar clinical relationship.
General
You agree to use the Website in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of That Sounds Awesome, negatively reflect on the goodwill or reputation of That Sounds Awesome and shall take no actions that would cause That Sounds Awesome to be in violation of any laws, rules, rulings or regulations applicable to That Sounds Awesome.
That Sounds Awesome and the A & T Productions Website are based in the United States. A & T Productions controls and operates this Website through its headquarters in Bellevue, Washington, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.
Entire Agreement/Waiver
These terms constitute the entire agreement between you and A & T Productions regarding your use of this Site. The failure of A & T Productions to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Arbitration Agreement – Legal Disputes
In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services from A & T Productions, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Exclusive Venue for Litigation
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in King County, Seattle, Washington (except for small claims court actions which may be brought in the county where you reside).The parties expressly consent to exclusive jurisdiction in King County, Seattle, Washington for any litigation other than small claims court actions, and irrevocably consent to personal jurisdiction in King County, Seattle, Washington for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Site and (b) any acts or omissions of A & T Productions in connection with these Terms and conditions or the Site.
How to Contact A & T Productions
If you have any questions or comments about the Agreement, or your dealings with the Website, please contact us by email sent to [email protected]
Product Information; Product Illustrations
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. The images of products on our Site are for illustrative purposes. While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Your product and packaging may vary from that shown on the Site. If a product received by you is not as described, your sole remedy is to return it in unused condition.
Notices
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
Miscellaneous
These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of A & T Productions.
