Imprint and Terms of Use

ACCEPTANCE OF THE TERMS OF USE

This web site, located at www.cymaticaudio.com ("Site"), is published and maintained by Cymatic Technologies B.V. (“Cymatic Audio”). These terms of use (“Terms of Use”) govern your use of the Site, any content or documents that Cymatic Audio may make available through the Site (“Contents” or “Materials”), and any services that Cymatic Audio may provide through the Site (“Services”). By browsing, accessing, or using the Site, you indicate that you have read, understand and agree to the Terms of Use contained herein. If you do not agree to the Terms of Use, you are not authorized to use the Site. Your violation of the Terms of Use automatically terminates your authorization to use this Site. Cymatic Audio reserves the right to change the Terms of Use as it sees fit, and your continued use of the Site will signify your acceptance of any changes to the Terms of Use. You are therefore advised to re-read the Terms of Use on a regular basis.

DESCRIPTION OF SERVICES OFFERED

Cymatic Audio, through this Site, provides you with various resources, including product and/or company information, a download area and facilities to contact customer support. The Services, including any updates, enhancements and new features, are subject to the Terms of Use.


PERSONAL NON-COMMERCIAL USE OF THE SITE

You may view, copy, print and use the Contents and Materials contained on this Site solely for your own personal use and provided that: (1) the below copyright notice appears in all copies; (2) the Contents and Materials available from this Site are used for informational and non-commercial purposes only; (3) no text, graphics or other content available from this Site is modified or framed in any way; and (4) no graphics available from this Site are used, copied or distributed separate from accompanying text. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, servicemark or other intellectual property of Cymatic Audio or any third party, except as expressly provided herein.


LINKING TO THE SITE

You are granted a revocable and non-exclusive right to create a hyperlink to this Site as long as the link does not portray Cymatic Audio, its affiliates, or their products/services in a false, misleading, derogatory, or otherwise offensive manner.


PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Please refer to the Privacy Policy for disclosures relating to the collection and use of your personal information. Personal information is any information that is used to identify a particular person, such as a name, address, telephone number, email address and so on.


COOKIES

This Site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the web site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Neither Google nor Cymatic Audio will associate your IP address with any other data held by them. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.


CYMATIC AUDIO PRODUCTS

Cymatic Audio products are exclusively distributed through authorized distributors and/or dealers. Distributors and dealers are not agents of Cymatic Audio and have absolutely no authority to bind Cymatic Audio by any express or implied undertaking or representation.
The Site shall be regarded merely as an information tool and creates no offer whatsoever for completing a sales contract. Cymatic Audio reserves the right to modify technical specifications, the appearance of the products, and price lists contained herein. Although Cymatic Audio has made reasonable efforts to ensure the integrity and accuracy of the information contained in this Site, it shall not be responsible for any misprints, inaccuracies, typographical or other errors that appear on this Site. Cymatic Audio makes no representation or warranty whatsoever regarding the completeness, accuracy, adequacy of, the suitability, functionality, availability, or operation of this Site or the Contents or Materials it contains. Cymatic Audio specifically disclaims all warranties, express or implied, including without limitation to the warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to this Site.


NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of Cymatic Audio and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").
By installing any Software that is accompanied by or includes a License Agreement, an end user indicates that he accepts and agrees with the License Agreement. Third party scripts or code, linked to or referenced from this Site, are licensed to you by the third parties that own such code, not by Cymatic Audio.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Cymatic Audio hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Cymatic Audio may make tools and utilities for use and/or download available as part of the Services. Cymatic Audio does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the Services or in the Software.


RESTRICTED RIGHTS LEGEND

Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.


MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires you to open an account, you must complete the registration process by providing us with complete and accurate information as prompted by the applicable registration form. You may also be required to choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Cymatic Audio immediately of any unauthorized use of your account or any other breach of security. Cymatic Audio will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Cymatic Audio or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.


PROHIBITED USES


You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic materials, or other materials which may be considered an invasion of privacy, infringement of intellectual property rights, or which may violate any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law. Cymatic Audio reserves the right (but is under no obligation) to remove or edit such content.
You shall not use this Site to interfere with or disrupt the Site or servers or networks connected to this Site. You may not use the Services in any manner that could damage, disable, overburden, or impair any Cymatic Audio server, or the network(s) connected to any Cymatic Audio server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Cymatic Audio server or to any of the Services, through hacking, password mining or any other means.
You are prohibited from knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site.
You may not use any Cymatic Audio trademark, logo or other Materials as part of the link without express written consent of Cymatic Audio or as provided herein.


MATERIALS PROVIDED TO CYMATIC AUDIO OR POSTED AT ANY CYMATIC AUDIO WEB SITE


Cymatic Audio does not claim ownership of the information, materials or other communications you transmit or post to this Site (“Submissions”). However, by transmitting or posting your Submissions to the Site, you grant Cymatic Audio and its affiliated companies and necessary sub-licensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media the Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO OTHER WEBSITES
Links to other Internet Sites are provided for your convenience only. The presence of such links does not mean that Cymatic Audio endorses, recommends or represents them in any way. Cymatic Audio does not control and is not responsible for such sites or their contents. Cymatic Audio disclaims all warranties, expressed or implied, as to the accuracy, legality, reliability or validity of any content of such sites. If you choose to access any of these sites, you do so at your own risk. Cymatic Audio assumes neither liability for damage to software or hardware arising out of access to those websites, nor do we assume any liability for the goods offered/purchased through those websites.

UNSOLICITED IDEA SUBMISSION POLICY

Cymatic Audio or any of its employees do not accept or consider unsolicited ideas, including ideas for new products, technologies, processes, materials or marketing plans, new product names, new advertising campaigns or new promotions. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Cymatic Audio's products or marketing strategies might seem similar to ideas submitted to Cymatic Audio. Please do not send your unsolicited ideas to Cymatic Audio. If despite our request, you still send unsolicited ideas, please understand that Cymatic Audio makes no assurances that your ideas and materials will be treated as confidential or proprietary.

PROPRIETARY RIGHTS

This Site, as well as the Contents, Materials and Services available therein, are either the property of Cymatic Audio or has been made available by permission and is protected by copyright, trademark, patents laws, international treaty provisions and other laws (including those concerning privacy and publicity). No user of this Site shall copy, use, reproduce, modify, lease, transmit, loan, distribute, display, reverse engineer, decompile, disassemble or in any way exploit copyrighted or proprietary materials available on the Site or the software or code used in connection with the Site, except as expressly permitted herein or by the respective owner thereof.

TRADEMARK AND COPYRIGHT NOTICES

The Cymatic Audio trademarks that may be used and displayed on this Site, whether registered to Cymatic Audio or otherwise, are the exclusive intellectual property of Cymatic Audio, unless otherwise stated. Nothing on this Site grants, by implication, estoppel or otherwise, any license or right to use any trademark, without Cymatic Audio’s authorization in writing. The Cymatic Audio trademarks may not be used in any way except as provided herein, including in advertising or publicity, without Cymatic Audio’s prior written consent. You are not authorized to use any Cymatic Audio trademark or logo as a hyperlink to this Site without Cymatic Audio’s prior written consent. All rights not expressly granted herein are reserved.
The pictures or photographs of persons used on our website are being used with the explicit permission of such persons. Any additional use of these pictures may violate publicity, personal and copyright rights of the depicted person. It also may be in conflict with legal reproduction rights.

THIRD PARTY TRADEMARKS

The names of companies, institutions or publications pictured or mentioned and their respective logos are trademarks or registered trademarks of their respective owners. Their use in this Site neither constitutes a claim of the trademarks by Cymatic Audio nor affiliation of the trademark owners with Cymatic Audio.
Any mention of sample settings by commercial organizations or reference to commercial organizations is for information purposes only. It does not imply:
1. any affiliation of Cymatic Audio with the sample settings mentioned;
2. recommendation or endorsement by Cymatic Audio; or
3. that the sample settings mentioned are necessarily the best available for the purpose.

LIMITATION OF LIABILITY

Under no circumstances shall Cymatic Audio be liable for any direct, indirect, foreseen or unforeseen, incidental, consequential, punitive or special damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, errors or omissions in the contents or functions of this Site, even if Cymatic Audio or an authorized representative thereof has been advised of the possibility of such damages. If your use of the Materials, information or Services from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. In jurisdictions which prohibit the exclusion or limitation of certain liabilities, Cymatic Audio’s liability in those jurisdictions shall be limited to the fullest extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Cymatic Audio, its officers, directors, employees, affiliates, partners, subsidiaries, agents, as well as third parties and service providers acting on Cymatic Audio’s behalf ("Indemnified Parties") from and against any and all claims, actions, losses, demands, liability, costs and expenses (including without limitation reasonable legal and accounting fees), arising from:
1. your use of this Site or its Services or Contents;
2. your breach of this Site's Terms of Use, Copyright Notice or Privacy Policy as posted on this Site and as modified from time to time;
3. any information submitted, posted, or otherwise provided by you through this Site;
4. any dispute or litigation between an Indemnified Party and a third party caused by your actions; and
5. your negligence or violation or alleged violations of any rights of another, based on your use of this Site, its Services or Content.
Cymatic Audio, at your expense and Cymatic Audio’s discretion, may provide notice to you of Cymatic Audio’s election to assist you in defending any such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations. You agree to pay reasonable lawyer and expert witness fees and costs incurred by Cymatic Audio or its agents or service providers in enforcing this provision.

MISCELLANEOUS PROVISIONS

These Terms of Use will be governed by and construed in accordance with the laws of the Netherlands without giving effect to any principle of conflicts of laws. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction solely of the Netherlands (Chosen Courts) for any disputes arising from, related to, or in connection with this Site or any of its Contents, Materials or Services. You hereby waive any objection to the laying of venue of any such litigation in the Chosen Courts and agree not to plead or claim that such litigation in the Chosen Courts has been brought in an inconvenient forum.
You agree that you will file any dispute you have with Cymatic Audio within one (1) year of the time that such claim arises and that any disputes raised by you later are forever barred. You agree that you waive any entitlement, at law or equity, to a longer period to raise such disputes.
Failure of Cymatic Audio to enforce any of the provisions set out in these Terms of Use, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use or any part thereof, or right thereafter to enforce each and every provision. If any provision or part thereof, including this dispute provision is determined by a court or arbitrator to be inapplicable or invalid, you agree that the remainder shall still be given full force and effect so as to retain the maximum application of the intent of the provision.
When you visit the Site or send e-mails to Cymatic Audio, you are communicating with Cymatic Audio electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures and other communications that Cymatic Audio provides to you electronically satisfy any legal requirement that such communications be in writing.

SECURITY

We use technical and organizational security measures to protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access.
Copyright © 2014 Cymatic Technologies B.V. All rights reserved

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