Welcome to Acoustiguide Group (“Acoustiguide”; includes hereinafter all companies as indicated under Worldwide Offices, see list here) Website. This website, together with all Content (as defined below) and services, available through this website, including without limitation, the audio & multimedia tours downloadable at the website, or samples thereof (“Audio & Multimedia Tour”), and any new features, enhancements or updates thereto, is defined referred to hereinafter as the “Website”.
IN CASE YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE LEAVE THIS WEBSITE AND DISCONTINUE ANY USE THEREOF.
IF YOU ARE UNDER THE AGE OF 13 YOU ARE NOT ELIGIBLE TO USE THE WEBSITE, AND WE ASK YOU NOT TO SUBMIT ANY PERSONAL INFORMATION TO US, AND NOT TO USE OUR WEBSITE AND/OR SERVICES. BY CLICKING “I AGREE” ON THE BUTTON BELOW, AND/OR BY USING AND/OR ACCESSING CONTENT IN THIS WEBSITE OR DOWNLOADING AUDIO & MULTIMEDIA TOURS, YOU DECLARE YOU ARE OVER THE AGE OF 13.
This website offers you a host of audio and multimedia tours created and produced by Acoustiguide, that you can download either onto your own MP3 player, mobile phone or computer, for free or against consideration. Please note that the audio & multimedia tours on this website are all owned by Acoustigudie and/or by its third party licensors.
WEBSITE ACCESS AND USAGE
Please note that Acoustiguide reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any activities, features components, or other aspects of the Website (or any part thereof) or to remove or modify, temporarily or permanently any Content or service with or without notice. In addition, Acoustiguide, at its sole discretion, has the right to terminate your access to the Website, immediately and with or without cause.
The Content on this Website is proprietary to Acoustiguide or its third party licensors (which basically means it is owned by or licensed to Acoustiguide), and is protected by copyright and other intellectual property laws and international conventions. The arrangement, compilation, presentation and the overall design of the Website, including the Content and Audio & Multimedia Tours, are the exclusive property of Acoustiguide and are protected by copyright and other intellectual property laws and international conventions. Content related to this Website is provided to you “As-Is, with all faults” for your personal non-commercial non-exclusive use solely, and you may not make use of, copy, distribute, broadcast, display, perform, transmit, license, sell, de-compile or otherwise exploit such Content for any other purpose without obtaining Acoustiguide’s prior specific written approval. You expressly agree not to circumvent, disable or otherwise interfere with security-related features or functions of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
Except as expressly authorized by Acoustiguide, you may not copy or create derivative works based on the Website, including its Content, in whole or in part. Acoustiguide hereby grants you a personal, non-transferable, non-sub licensable and non-exclusive right to use the Website provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, sell, assign, sublicense or transfer any right in the Content or software.
Any reference made by the Website to other websites or web resources of third parties or to any specific commercial product, process, or service (or provider of such product, process or service) which are of third parties (“Third Party Resource(s)”) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Acoustiguide. Whereas Acoustiguide has no control over Third Party Resources and will not and cannot edit or censor the same, Acoustiguide assumes no responsibility with respect to the availability of any Third Party Resource, and further, assumes no responsibility or liability whatsoever with respect to any Content, advertisement, policies, practices, products, services or other materials posted on or made available through such Third Party Resources. By using this Website you hereby release Acoustiguide from any and all liability associated with or arising from your use of any Third Party Resource. [is this applicable?] Please also be aware that considering the nature of this Website, Content on this Website (as further detailed below) may be provided by third parties, including but not limited to Acoustiguide’s subscribers, licensors and users, including without limitation , downloadable Audio & Multimedia Tours of third parties. Any opinions, advice, statements, services, offers, materials or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Acoustiguide.
LINKING TO THE SITE
Unless you have an agreement in effect with Acoustiguide which states otherwise, you may only provide a hypertext link to the site on another Website, provided that (a) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with Acoustiguide’s name and trademarks, (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Acoustiguide, and (c) Acoustiguide reserves the right to revoke its consent to the link at any time at its sole discretion.
Please send any notice of claims of copyright infringement to us at acoustiguide.com/contact-us
THE CONTENT AND SERVICES IN CONNECTION WITH THIS WEBSITE ARE PROVIDED TO YOU “AS IS ” ON AN “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACOUSTIGUIDE, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IT IS EMPHASIZED THAT ACOUSTIGUIDE MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY AND/OR COMPLETENESS OF ANY CONTENT ON THIS WEBSITE OR THE CONTENT OF THIRD PARTIES, OR RESOURCES LINKED TO THIS WESITE, AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY (A) ERRORS, MISTAKES, INACCURACIES OR OMMISIONS WITH RESPECT TO ANY CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.
ACOUSTIGUIDE ASSUMES NO RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY LOSS OR DAMAGE (OF ANY KIND AND NATURE) INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE OR AS A RESULT OF DELAYS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. IT IS NOTED AGAIN THAT ACOUSTIGUIDE DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND ACOUSTIGUIDE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT OR SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ACOUSTIGUIDE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER THAT RESULT FROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACOUSTIGUIDE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT ACOUSTIGUIDE SHALL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
FURTHER CHANGES TO SITE
Acoustiguide may from time to time change the Website’s layout or display, as well as the scope and availability of the services provided therein and any aspect of them, without giving you any prior notification. Such changes as may take place will take into account, inter alia, the dynamic nature of the internet and the technological and other changes it is undergoing. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind. You shall have no claim of any kind whatsoever, or complain or demand, against Acoustiguide and/or its affiliates, officers or employees, resulting from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction. Acoustiguide, in addition, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any activities, features or components of the Site (or any part thereof) or to remove or modify, temporarily or permanently any service with or without notice to you. You agree that Acoustiguide shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and any service in connection therewith.