Personal and Non-Commercial Use Only
Unless otherwise specified in writing by us, the Site , and any information, graphics, text, messages and other materials made available through the site is available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site. You agree that SMI may establish general practices and limits concerning use of the Site. You agree that SMI has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site.
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. SMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, SMI DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL SMI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF SMI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMI'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
You must be 18 years or older to use the Site. You represent that you are 18 years or older.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.
DO NOT SEND CONFIDENTIAL INFORMATION THROUGH THE SITE OR OTHERWISE TO SMI. We accept personal information for use in sending people information about the Site and the projects on the Site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept proposals concerning film or music production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.
Except as otherwise agreed by us in writing, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to us, using the Site or otherwise, (collectively, "Submissions") will not be treated as confidential or proprietary and we will have no nondisclosure obligations or use prohibitions related to the Submissions. We do not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliates and necessary sublicensees permission to use your Submission in connection with the operation of our businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
We reserve the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in our sole discretion.
Posting on Forums
As a visitor to the Site, you may participate in any available communications forums to post information, suggestions, reviews, or comments. You agree you will not post any content on the Site that is illegal, obscene, threatening, defamatory, invasion of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable or that contains any software viruses, political campaigning, commercial solicitation, chain letters or any form of mass mailings or spam. We reserve the right (but not the obligation) to remove or edit such content but we do not regularly review posted content. We take no responsibility and assume no liability for content posted by you or any third party.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in our sole discretion. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
No Unlawful or Prohibited Use; Indemnity
You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any of our servers or the network(s) connected to any of our servers, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means. You will indemnify, defend and hold harmless us, our subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.
General Proprietary Rights
The Site is owned by SMI and contains material that is derived in whole or in part from SMI and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without SMI's express written permission.
All site design, text, code, graphics, and interfaces, audio samples, content and the selection and arrangements thereof, on the Site are the property of SMI, or their content suppliers, and are protected by U.S. and other international copyright laws, © 2013, Submersible Music Inc. ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, content, sample artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark and other applicable laws and could result in criminal or civil penalties. Musical content, including, without limitation, any audio samples, are the property of SMI or its licensors. You agree to use any such content solely for your internal evaluation of SMI's products.
"Underthinkers" "Submersible Music" and all logos, designs and symbols associated with such terms and SMI's products are trademarks of SMI and/or its affiliates. They may not be used in connection with any product or service other than those services offered by SMI or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits SMI or its affiliates. All other trademarks are the property of their respective owners.
Digital Millennium Copyright Act ("DMCA") Notice
SMI respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. SMI's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides resources for owners of copyrighted material who believe their rights under U.S. Copyright law have been infringed on the Internet. If you believe your work has been copied and is accessible on the App in a way that may constitute copyright infringement, please provide notice to SMI's Designated Agent, listed below. The notice must include the following information as provided by the DMCA, 17 U.S.C. 512(c)(3):
Notice of Potential Infringement
To notify SMI of any suspected infringement, please contact us at firstname.lastname@example.org.
Last Updated: May 29, 2013