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Terms of Use - UltraTone.global

Introduction

Welcome to UltraTone and the website of UltraTone ("Site"). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to UltraTone and its affiliates and subsidiaries (individually and collectively, "UltraTone").

By using the Site, software or purchasing any products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. UltraTone has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. You can find the latest version of these Terms of Use at https://www.ultratone.global/en/terms.html

at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at UltraTone. To better protect your rights we have provided the UltraTone Privacy Policy to explain our privacy practices in detail.

Use of UltraTone Software

UltraTone software, sometimes referred to as (the "Software") and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of UltraTone. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

If you have previously installed and accepted the End User License Agreement for the P2P Networking component from Joltid Ltd., your web browser will utilize this component to download the UltraTone software, provided that this component is running at the time you chose to download UltraTone. This is done to reduce download time for users and reduce the load of our file server.

Warranties, Disclaimers and Limitation of Liability

The Site and all content and materials on it are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, UltraTone disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose or the warranty of non infringement.

Without limiting the foregoing, UltraTone does not represent or warrant that:

(i) the Site will be accurate, reliable, uninterrupted, secure or error-free;

(ii) defects in the Site will be corrected;

(iii) the Site or the server that makes it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY. IN NO EVENT SHALL ULTRATONE, ITS AFFILIATES, ITS LICENSORS OR THE ULTRATONE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU;

(ii) ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND

(iii) ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) THE AVAILABILITY OF MERCHANTS' WEBSITES AND/OR ANY OTHER THIRD PARTY WEBSITES, (B) ANY RELIANCE PLACED BY YOU ON ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER CONTENT OR MATERIALS ON, OR AVAILABLE FROM, SUCH THIRD PARTY WEBSITES; OR (III) ANY OF YOUR TRANSACTIONS WITH MERCHANTS.

THE LIMITATIONS ON ULTRATONE'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT ULTRATONE, ITS AFFILIATES OR THE ULTRATONE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF ULTRATONE FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ULTRATONE, THE ULTRATONE STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

Term of Use

These Terms of Use are effective until terminated by either you or UltraTone as set out below. You may terminate your agreement with UltraTone at any time by ceasing to use the Site and destroying the User Materials together with all copies thereof.

UltraTone reserve the right to terminate its agreement with you at any time, UltraTone also preserve the right on not disclosing the detail on what ground has decided to terminate your agreement. In such event, no notice shall be required by UltraTone to effect such termination. Upon termination of these Terms of Use, you agree to cease using the Site and to destroy the User Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to UltraTone at your expense.

Web Site

Third Party Sites

The Site includes hyperlinks to other websites and content and introduces you to various third party merchants ("Merchant(s)") whose products and services may be purchased on the Merchants' websites.

Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. UltraTone has no control over such third party websites and the inclusion on the Site of a hyperlink to any third party website is not an endorsement by UltraTone of such website, or to any content, products or services available on it.

You acknowledge and agree that:

The product information and pricing that is shown on the Site regarding third party products and services is given to UltraTone by the applicable Merchant. The Merchant has the ability to change their pricing or terminate their product availability at anytime.

UltraTone is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Site. UltraTone does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants' websites; (iii) the availability of the Merchant's websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants' websites, nor any listing or other content about such products and services displayed on the Site; (v) links to the Merchants' websites that are featured on the Site.

Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.

Online Behavior

Please exercise respect when participating in any of UltraTone's community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of UltraTone Software ("User Materials"). You may not submit or publish through UltraTone any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through UltraTone that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant UltraTone a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sublicensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, UltraTone and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.

You acknowledge and agree that: (i) by using the Site you may be exposed to content that you may find offensive or indecent and you use the Site at your own risk; (ii) you are solely responsible for, and UltraTone has no responsibility to you or any third party for any User Materials that you create, submit, post or publish on the Site; and (iii) UltraTone is not responsible for any User Materials that you may have access to through your use of the Site, and all User Materials are the responsibility of the person from whom such User Materials originated.

You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source ("Third Party Content") without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

If UltraTone receives any notification that any Third Party Content or any User Materials that you post or use are inappropriate, infringes any rights of any third party, or if UltraTone wishes to remove any Third Party Content or User Materials posted by you for any reason whatsoever, UltraTone reserves the right to automatically remove any such content for any reason immediately or within such other timescales as may be decided from time to time by UltraTone in its sole discretion. The content shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that UltraTone is under no obligation to put back such content at any time.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the UltraTone Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of UltraTone. UltraTone shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to UltraTone will not be treated as confidential and UltraTone shall not be liable for any disclosure of the Submissions.

Accounts and Security

UltraTone does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password ("Password") and user name ("User Name"). You shall provide UltraTone with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. Only chose a User Name that you have a right to use and don't include someone else's trade marks in your User Name. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that UltraTone, in its sole discretion, deems inappropriate or offensive.

You shall notify UltraTone of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at UltraTone's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Jurisdictional Issues

This Site is controlled and operated by UltraTone. UltraTone makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold UltraTone, 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, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and UltraTone agree that all matters relating to your access to, or use of, this Site shall be governed by and interpreted in accordance with the laws of Malaysia, and shall be subject to the jurisdiction of the courts of the district of Malaysia.

Copyright

The content and compilation of content included on UltraTone's website, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of UltraTone Sdn Bhd and are protected by Malaysia and international copyright laws.

Later ammendment

Ultratone may decide to ammend this terms and condition with/or without prior to fit the latest financial or privacy envorinments.