TriTone Digital - For The Love of Tone!

For use of TriTone Digital's Web site, Materials and Services:

Acceptance of terms
TriTone Digital makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by TriTone Digital and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that TriTone Digital may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

TriTone Digital reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Use of information and software
You acknowledge that TriTone Digital reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.

Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner(s). Please see Section 2: Posted Information below for further details regarding Posted Information.

Unless otherwise noted in a particular document, TriTone Digital hereby authorizes you to electronically copy or print in hard copy any document published by TriTone Digital on the Site solely for your internal reference purposes within your organization. You agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by TriTone Digital without prior written approval from TriTone Digital or the appropriate supplier or licensor is strictly prohibited.

Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of TriTone Digital, its suppliers or licensors, or any other third party.

Any software available to download from the Site is the copyrighted work of TriTone Digital and/or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software ("License Agreement"). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the License Agreement.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

User conduct

In using the Site, including all Services and Materials available through it, you agree:

Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;

Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;

Not to create a false identity;

Not to use or attempt to use another's account, password, service, or system without authorization from TriTone Digital;

Not to access or attempt to access any User Content which you are not authorized to access;

Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Managing content and communications
Although it is not our intention to do so, TriTone Digital reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, TriTone Digital reserves the right to delete or remove User Content if the relevant subscription has expired or lapsed or if TriTone Digital has a good faith belief that the user posting such User Content has violated these Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of TriTone Digital or others.

TriTone Digital may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.

To the maximum extent permitted by law, TriTone Digital will have no liability related to User Content or arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TriTone Digital also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or User Content.

Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TriTone Digital OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TriTone Digital MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. TriTone Digital MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND TriTone Digital MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) TriTone Digital DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) TriTone Digital MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) TriTone Digital SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TriTone Digital ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TriTone Digital OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

International users:
This Site can be accessed from countries around the world and may contain references to TriTone Digital products, services, and programs that are not available in your country. These references do not imply that TriTone Digital intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by TriTone Digital from its offices within France. TriTone Digital makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the France, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the France, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.

LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TRITONE DIGITAL, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TRITONE DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Notification of copyright infringement
TriTone Digital will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide TriTone Digital with written notice.

Indemnity and liability
You agree to indemnify and hold TriTone Digital, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, User Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of any member of your Work Group (solely if you are a Subscriber to the DesignTeam service), or your violation of any rights of another person or entity.

Governing law and jurisdiction
This Site (excluding linked sites) is controlled by TriTone Digital from its offices within France. By accessing this Site, you and TriTone Digital agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of France, without regard to the conflicts of laws principles thereof. You and TriTone Digital also agree and hereby submit to the exclusive personal jurisdiction and venue of the court of France with respect to such matters.

Language
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between TriTone Digital and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by TriTone Digital to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

PRIVACY POLICY FOR TRITONE DIGITAL

TriTone Digital has created this privacy policy in order to inform you of TriTone Digital's commitment to privacy. The following discloses TriTone Digital's information gathering and dissemination practices for TriTone Digital.com ("Site" or "TriTone Digital.com").

PLEASE REVIEW THIS PRIVACY POLICY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT USE THE SITE. BY SUBMITTING ANY PERSONAL INFORMATION TO THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.

GENERAL INFORMATION
IP Addresses and Cookies
Generally speaking, you may visit the Site while remaining anonymous and not revealing any personal information.

TriTone Digital uses your IP address to help diagnose problems with the Site servers, to administer the Site, to monitor Site usage, and to gather broad demographic information. Your IP address is used to help identify you and to aid in your navigation through the Site as determined by your customization options, if any. TriTone Digital also may aggregate the IP address with other information to create anonymous Site statistics. TriTone Digital does not, however, use your IP address to collect personal information about you.

This Site also uses "cookies" to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. TriTone Digital also uses cookies to allow you to use features or services that you decide to select, or to keep track of usage services or links provided on the Site. TriTone Digital does not, however, use cookies to collect personally identifiable information about you.

Submission of Personal Information
Certain portions of the Site may require that you submit some personal information, such as your name and email address, before using those portions of the Site. At minimum, you are typically required to register with the Site and provide your name or email address before using any of the members only areas of the Site. For some services, you may have to create an account, and submit additional personal information such as your mailing address. You may also be required to submit information such as your name and email address before you will be authorized to post information on the Site.

Use of Personal Information
TriTone Digital uses the information you submit to the Site to provide the services and information you select, to better understand its customers, to provide better products and services, and to assist TriTone Digital with the Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by TriTone Digital to enforce the Terms of Use and other terms or conditions applicable to any portion of the Site.

Third Parties
TriTone Digital does not sell to third parties information you have submitted to this Site.

Declining Information
You can always change your mind; see the Accept/Decline section below. Please note that it may take us a reasonable amount of time to process your request, but once we do, we will no longer use your information.

Even if you decline to receive information or cancel any account or profile, TriTone Digital reserves the right to use the information you previously provided to contact you about administrative matters relating to your use of any portion of the Site, your account, or about any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in-effect (for example, the Copyright Complaint Policy).

Law Enforcement and Posted Information Exceptions
One exception to this Privacy Policy is that TriTone Digital may provide information you submit to this Site to law enforcement authorities. TriTone Digital intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to TriTone Digital or on this Site. Such orders or requests supercede the terms of this Privacy Policy. Another exception applies to any information you decide to post in one of the Site's public forums. See Public Forums section below. Finally, notifications of claimed copyright infringement, counter notifications or other information submitted to and necessary to process a notification under our Copyright Complaint Policy are also exempt from this Privacy Policy.

Public Forums for Posted Information
Certain portions of the Site are designed to offer you the opportunity to post information on the Site, including but not limited to information about yourself ("Posted Information"); see Terms of Use.

Please remember that any Posted Information becomes public information and you should exercise caution when deciding to disclose your personal information. If you decide to post any information, that Posted Information is exempt from this Privacy Policy.

Links to Other Sites and Advertising
This Site contains links to other sites not operated by TriTone Digital. TriTone Digital is not responsible for the privacy practices or the content of those web sites. Please be sure to review the privacy policies of those sites.

This Site may display advertisements and/or links to third parties. These advertisements or links may contain cookies placed by those third parties. TriTone Digital is not responsible for those advertisements, the web sites to which they are linked, or how any other linked sites may use their own cookies or information. For example, cookies received with banner ads may be collected by the company posting the ad on our Site. Again, please refer to that company's privacy policy for further information.

Children
No portion of the Site is directed at children (defined as individuals age 13 and under) nor are children encouraged to use the Site. TriTone Digital does not knowingly solicit any personal information about children.

SECURITY

General Issues
Generally speaking, this Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Since the Site under general usage does not collect financial information, TriTone Digital uses the standard internet connections for those general usage portions of the Site, without secured sockets.

Specific Services
This Site may provide certain additional, optional services that may use additional security measures to protect the information, such as financial information, provided by you to obtain the service. Those additional security measures may vary, depending upon the particular service offered. You will be informed of any specific security measures at the time you use a particular service. Please review that information for further detail.

Site Registration
In some cases, you may be prompted to register with the Site to undertake a particular Site activity or obtain a particular service. As part of that registration, you may be asked to choose your own password. TriTone Digital reminds you to protect your password, and not provide it to others to use. Allowing others to access and use your account and password can compromise the security of your information. TriTone Digital disclaims any responsibility or obligation for your decision to provide your password to others.

NOTICE TO EUROPEAN USERS

Please note that the information you enter on the Site or otherwise provide to TriTone Digital or its parent, subsidiaries or divisions, may be transferred outside of the European Economic Area, for purposes of processing, by TriTone Digital in France and in the United States of America, in order to provide this Site and its services to you. You are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31)

Article 26 of the European Union's Data Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection.

By agreeing to this Policy, you consent to the transfer of all such information to the United States and the processing of that information as described in this Policy.

DISCLAIMERS

TriTone Digital intends to take reasonable precautions to abide by this Privacy Policy. Nevertheless, in the event that TriTone Digital does not comply with all terms contained in this Privacy Policy, you agree by using this Site and by submitting information to this Site that your sole and exclusive remedy against TriTone Digital will be to have TriTone Digital promptly correct the handling of your information in the future to accord with this Privacy Policy, and to notify anyone to whom TriTone Digital directly transferred any information of the correct information or to cease using such information.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, TRITONE DIGITAL DISCLAIM ANY OTHER OBLIGATION, LIABILITY, OR WARRANTY TO YOU FOR ANY OTHER ACTION, INACTION, OMISSION, OR OTHER ACTIVITY THAT IS NOT IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, ITS TERMS, OR ITS DISCLAIMERS THEN YOU SHOULD NOT USE THIS SITE.

UNDER NO CIRCUMSTANCES SHALL TRITONE DIGITAL, OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THIS PRIVACY POLICY, OR THE FAILURE OF TRITONE DIGITAL, OR THEIR SUPPLIERS OR LICENSORS TO ADHERE TO IT, EVEN IF TRITONE DIGITAL, OR THEIR SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, THE RESPECTIVE LIABILITY OF TRITONE DIGITAL, OR THEIR SUPPLIERS OR LICENSORS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.