Copyright Infringement

As ai|coustics asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ai-coustics.com violates your copyright, you are encouraged to notify ai|coustics. ai|coustics will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ai|coustics will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of ai|coustics or others.

Changes to Terms of Service

ai|coustics reserves the right, at its sole discretion, to modify or replace any part of this Agreement. If this happens, we will publish the new version on our website. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ai|coustics may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

ai|coustics may terminate your access to all or any part of our Service, and/or permanently delete any Content and data associated with your Account, at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ai-coustics.com Account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. ai|coustics and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ai|coustics nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will ai|coustics, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:

• any special, incidental or consequential damages
• the cost of procurement for substitute products or services
• for interruption of use or loss or corruption of data.

ai|coustics shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that

• your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and
• your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless ai|coustics, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire Agreement between ai|coustics and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ai|coustics, or by the posting by ai|coustics of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Federal Republic of Germany, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Berlin, Germany.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ai|coustics may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.