Champion Sound Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THE ITEMS CONTAINED IN THE FOLLOWING PAGES ARE NOT THE USUAL JARGON, AND MAY HAVE CHANGED SINCE THE LAST TIME YOU VISITED THIS WEBSITE. BY USING THIS WEBSITE AND THE CHAMPION SOUND SERVICE (“SERVICE” or “SERVICES”), YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND AGREE TO ABIDE BY THEM.

Overview

The Champion Sound Service provides individuals and businesses with email and mobile marketing solutions. These solutions are comprised of, but not limited to: SMS/mobile marketing, email creation and sending, list management and email tracking and analytics tools.

Copyright

The ChampionSound.com website, as well as the ChampionEmail.com website, brand and all non-user assets (collectively, the “assets”) which comprise them are Copyright © 2008-2009 by DotComSecrets.com, Inc, a California Corporation. All rights are reserved.

All assets are property of DotComSecrets.com, Inc. (“dt”) and are fully protected from unauthorized copying and distribution by United States and International copyright and trademark laws. All violators will be prosecuted to the fullest extent of the law.

Email lists will never be shared with anyone...period.

Your Bill of Rights

Champion Sound was created for YOU! We designed the system to be for all artists, and it always will be. So, the guildelines and your Bill of Rights:

The sponsor's ad will always be consistent in design, size and location (placement) and there will only be one (1) advertiser (in two locations, header and footer) in each email
The sponsor brands will be in line with our vision and must deliver positive reinforcement to our your vibe and style (no politics, shady businesses, fast food...etc).
Email lists will never be shared with anyone...period.
Paid accounts require thirty (30) days advance notice for termination. Once your account is closed, your lists will be deleted.

Acknowledgments

Subject to all of the detailed terms and conditions in the remainder of this document, you agree that:

The Service may only be used for lawful purposes.
The Service may not be used to send unsolicited emails (“SPAM”).
All emails that are used in conjunction with the Service were obtained specifically for the purpose of receiving correspondence from you, and are being used with explicit permission for that purpose.
No purchased, copied, data-mined, or other third-party email lists may be used in conjunction with the Service in any way.
All emails sent through the Service will contain a “unsubscribe” link at the footer of the email.
All emails sent through the Service will contain original, unadulterated headers.
All emails sent through the Service will contain truthful and descriptive subject lines.
All removal/unsubscribe requests will be executed within twenty-four (24) hours of receipt of said request.
All SPAM complaints will be addressed within twenty-four business hours of notification of said complaint.
You will provide truthful and current contact information: email address, telephone number and postal address
All reasonable requests made to you by the system administrator(s) of the Service will be acknowledged in a timely basis, or your account may be suspended/terminated without warning.

SPAM, Permission to Use Email Address and Opt-In Requirements

Champion Sound has a no-tolerance policy towards SPAM, and provides services which are in full compliance of the CAN-SPAM Act of 2003 (http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm). By using the Service, you agree to import, store, access and otherwise use only email addresses that you have obtained with permission from the owners for the purpose of receiving emails from you at the time said authorization was granted. Additionally, you agree that you will not send any emails to unsolicited addresses, those who have sent an unsubscribe request, or individuals who have otherwise communicated that your emails are unwanted. Failure to address a SPAM complaint within the required twenty-four (24) hour period post-notification of said complaint is grounds for account termination. Additionally, the receipt of multiple SPAM complaints may be grounds for account termination. Champion Sound and its administrators, at their sole discretion, will determine what action is necessary and prudent, based on the number and severity of SPAM complaints. The determination of Champion Sound and its administrators is final, non-negotiable and binding.

Prohibited Content

Under no circumstances may the Service be used by any person or company which engages in any of the following activities or business functions. Any violation of this clause is grounds for immediate account termination without recourse.

Products or services relating to the sale, distribution, or production of any drugs or drug-related activities: prescription, over-the-counter, or illicit.
Products or services relating to the sale, distribution, or production of any pornographic or sexually-explicit materials.
Products or services relating to the sale, distribution, or production of any materials related to munitions, weapons, or any objects or substances restricted by the United States Bureau of Alcohol, Tobacco and Firearms.
Products or services relating to the sale or distribution of illegally or non-licensed software, still and motion pictures and music.
Products or services relating to the sale or distribution of non-licensed and regulated financial instruments or services.
Produces or promotes “pyramid” or multi-level marketing schemes
Introduces or attempts to introduce malware, viruses or any code into the Champion Sound System or the Internet
Producing or promoting message content which is illegal in the state, country or territory of receipt.
Producing any message or engaging in any behavior which could be construed as threatening, libelous or harassing.
Producing any message or engaging in any behavior which could be construed as encouraging violence against any person or group of people.
Producing any message or engaging in any behavior which is grossly offensive, including, but not limited to: prejudice, racism, bigotry, excessive profanity and violence.

Monitoring

All actions performed while using the System are subject to monitoring and recording by the administrators of the System. The information collected by said monitoring may be used for any legal purposes defined in this agreement, including, but not limited to, providing cooperation with law enforcement authorities. All user sessions and emails sent are recorded and logged by the System with account information, IP addresses and time/day stamps.

Information Collection and Data Usage

Of course, we log information about when, where, to whom, and how many emails you send. However, we promise that we will never, ever share your email lists with anyone. The data that the System collects is used to improve the quality of service, advertising, offers, products and features that Champion Sound offers to you. Please note that we cannot be held responsible for the actions of those who receive your emails.

Delivery Guarantees

Champion Sound offers no guarantees to the deliverability of your emails. While we are a top-quality service provider, email and SPAM-filtering systems are highly dynamic and aggressive. The deliverability of your emails depends mostly on the content which they contain.

Intellectual Property and Rights

You understand and agree that any content which you upload, store, use and transmit through the System is owned or fully legally licensed to you, and is non-confidential in nature to any party. Through your use of the System, you hereby grant dt a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up and royalty free right and license to use any content which you upload, store, use and transmit through the System for any and all purposes which dt deems appropriate. Furthermore, you agree to and understand that dt holds all right, title, and interest in and to (1) all text, graphics, design, animation, audio components, and digital components of the System, (2) all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprises the System, (3) all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the content of the System and (4) all copyrights, patents, trade secrets and other intellectual or industrial property rights of the System or any component or characteristic thereof which has not been licensed from a third party by dt.

Indemnification

You represent and warrant that all intellectual property which you upload or use with the System is legally owned by or licensed to you. You agree to indemnify and hold Champion Sound and DotComSecrets.com, Inc harmless from any and all claims brought by any third party relating to any aspect of the your actions while using the System, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of or caused by your email(s), products/services, material or intellectual property supplied by you and copyright infringement.

No Rights or License

You are granted no rights or license to any software by this Agreement. You understand and agree not to, directly, or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, remove any notices, labels or advertisement from the System. You also agree not to modify, translate, or create derivative works based on any aspect of the System. You understand that you have no rights to copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the System or any of its components.

Send Limits

Champion Sound may implement per-blast, monthly, or per-account send limits.

Termination and Data Destruction

Champion Sound may terminate this Agreement, any of the services provided by it, and/or your user account at any time, with or without cause, and without notice. Champion Sound shall have no liability whatsoever to you or any third party due to said termination. In the event of such termination, all of your account data, including, but not limited to, email lists, may be deleted after thirty (30) days of termination.

Failure to log into your account for more than ninety (90) days may result in the automatic deletion of your account data, including, but not limited to, email lists.

You understand that, should your account be deleted and your data be expunged, your data will not be recoverable, and Champion Sound will have no liability to you whatsoever.

Warranty and Remedies

USE OF THE SYSTEM AND ANY RELIANCE BY YOU UPON THE SYSTEM, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. CHAMPION SOUND DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS.” YOU WAIVE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (OR THE TERMINATION HEREOF), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR ANTICIPATED SALES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF AGENCY AND ITS AGENTS, AND ANY OF THEM, TO CLIENT AND ANYONE CLAIMING BY OR THROUGH CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS AND EXPERT-WITNESS FEES AND COSTS OR CLAIMS EXPENSES RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED THE TOTAL FEES RECEIVED BY DT UNDER THIS AGREEMENT FOR THE PORTION OF THE SERVICES WHICH ARE THE SUBJECT OF THE CLAIM. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, BREACH OF CONTRACT, UNLESS OTHERWISE PROHIBITED BY LAW.

No Endorsements

Under no circumstances shall any reference to any third party or third party product or service be construed as an endorsement by Champion Sound or DotComSecrets.com.

Export Restrictions

It is the policy of Champion Sound not to provide services to any party, whether in the United States or abroad, who is listed on United States government export exclusion lists, including but not limited to the Treasury Department's Specially Designated Nationals List and Commerce Department's Entity and Denied Persons Lists. You understand and agree to abide by this policy. Failure to do so will result in immediate termination of your account without recourse.

Responsibility to Protect Login Information

It is your responsibility to protect your login (username and password) information for the System. You understand and agree that the administrators of the System cannot differentiate authorized and rogue users of the System when provided with the correct login credentials. Inappropriate actions which violate the terms of this Agreement caused by your failure to protect your login information are grounds for immediate account termination without recourse.

Billing and Paid Accounts: Overview

Some of you will be using Champion Sound with non-sponsored accounts – that is, you are paying on a monthly or quarterly basis. All amounts will be charged in US Dollars. “DotComSecrets.com, Inc” will appear on your credit card statement. Recurring billing will ocurr monthly (or quarterly) on the anniversary date of your signup with Champion Sound.

Billing and Paid Accounts: Refunds and Cancellation

Cancellation of any level of paid service will result in immediate termination of the use of any credits purchased through a monthly plan as well as the use of any media storage space; one time purchase credits will not be affected. Refunds are not available for monthly billing cycle users. All requests should be sent to support@championsound.com.

Billing and Paid Accounts: Disputed Transactions

After reading this document, if you have any questions about billing, please contact us directly at support@championsound.com. If you dispute any charges on your card without speaking to us first, your account will be immediately suspended and all data may be deleted.

Billing and Paid Accounts: Changing Your Monthly Plan

Upgrades to your account can happen at any time. Accounts may only be downgraded at the end of a billing cycle (1 or 3 months). You agree to submit all account change requests to support@championsound.com. You understand that failure to do so may result in improper billing, and that there is no refund for overages caused by failure to notify us.

Billing and Paid Accounts: Plans

Plan (credits per month)	Monthly Billing Cycle
1,000	$9.00/month
2,500	$19.00/month
5,000	$39.00/month
10,000	$69.00/month
25,000	$125.00/month
50,000	$199.00/month

General Provisions

Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Exclusive jurisdiction and venue shall by in the Superior Courts of San Diego County, California.
Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
Binding Arbitration. Any dispute, controversy or claim arising out of or concerning this Agreement, its interpretation, breach, termination, performance or nonperformance, will first be made by a good faith effort to resolve that dispute by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar accredited organization) in effect at the time such arbitration is initiated. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, each party shall be responsible for its actual attorney’s fees and costs, including expert witness fees.