THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SMART DREAMS INC. STATING THE COMPLETE TERMS THAT GOVERN YOUR USE OF THE SINGFORYOU.NET ONLINE SERVICE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, AND ANY FUTURE TERMS, DO NOT USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY EACH AND EVERY TERM OF THIS AGREEMENT (“AGREEMENT”). SMART DREAMS INC. MAY REFUSE ACCESS TO THE SINGFORYOU.NET WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.
1. The Service
SMART DREAMS INC. is the owner and provider of The SingForYou.Net Karaoke service offered on The SingForYou.Net website (www.singforyou.net) (the 'Service'). The Service allows you to create a profile with your picture and some personal information, stream digital content, listen to, sing-along with, record and playback personalized renditions of sound recordings, post comments about other users' renditions, and purchase physical goods under the terms and conditions set forth herein.
The Service is only available for individuals aged 13 years or older. If you are 13 years or older but under the age of 18, please review these terms and conditions with your parent or guardian. By signing up for the Service you represent and warrant that you are aged 13 years or older, and that you agree to be bound by the terms and conditions of this Agreement. Any use of the Service by an individual under 13 years old is unauthorized and unlicensed.
3. Objectionable Material
You understand that by using the Service, you may come across content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the Service is at your sole risk and SMART DREAMS INC. shall not be liable to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable, including the pictures, information, materials and other content submitted, posted or displayed by the users of the Service.
4. Content Types
The descriptions and information, such as titles, genres, categories and the like, are provided for convenience only, and you acknowledge and agree that SMART DREAMS INC. does not guarantee their accuracy.
6. Account Data
You agree to provide complete and accurate information about you as may be required to sign up for the Service and at other points as may be required in the course of using the Service (“Account Data”). You further agree to maintain and update your Account Data to keep it accurate, current, and complete at any time by accessing My Account Section on The SingForYou.Net website. SMART DREAMS INC. has the right to confirm or otherwise verify, in its sole discretion, but without any obligation to do so, the truth and accuracy of the Account Data at any time. SMART DREAMS INC. may suspend or terminate your rights to the Service or any part or feature thereof, at any time, if any information you provide is false, inaccurate or incomplete. You agree that SMART DREAMS INC. may store and use the Account Data you provide for use in maintaining your account.
7. Your Account
You agree to maintain the confidentiality and security of your password and identification. You are solely responsible for restricting access to your account and computer. You are entirely responsible for all activities that take place using your account, and you agree to immediately notify SMART DREAMS INC. of any unauthorized use of your account or any other breach of security. SMART DREAMS INC. shall not be liable to you for any unauthorized use of your account.
You understand that the Service and the content available through the Service, including but not limited to, sound recordings, videos and artwork, include a security framework using technology that protects digital information and limits your usage of the Service to certain rules of conduct established by SMART DREAMS INC. and its licensors ('Rules of Conduct'). You agree to comply with such Rules of Conduct, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever. Rules of Conduct may be controlled and monitored by SMART DREAMS INC. for compliance purposes, and SMART DREAMS INC. reserves the right to enforce the Rules of Conduct with or without notice to you. Please review carefully the Rules of Conduct provided in Section 14 of this Agreement.
You acknowledge that use of the Service or of some of the Service’s features may require the use of other hardware and software products and that such hardware and software is your responsibility. It is also your responsibility to pay any bandwidth fees, internet usage fees necessary to use the Service.
10. Available Memberships
(a) Free Membership: You may access and use the Service for free, but you agree and acknowledge that some features of the Service will not be available to you through this Free Membership. For example, you will be able to stream, listen to and sing-along with only part of the catalog of sound recordings. This membership shall remain effective until you close your account and terminate this Agreement.
(b) Premium Memberships: You may access and use the Service all the time in consideration for the monthly payment of the sum indicated on The SingForYou.Net website at the time that you select and make your first payment for the membership. Such membership will allow you to stream, listen to and sing-along with the catalog of sound recordings available on The SingForYou.Net website, and you will be able to record and playback personalized renditions of such sound recordings. This membership shall remain effective and you shall pay the monthly payment indicated up until you cancel your Membership or close your account in accordance with the provisions of this Agreement. If you cancel your Membership, you will still have access to the Service until the date of expiration (i.e. you will have access to the full time period for which you have paid), after which your account will revert to Free Membership.
11. Physical Goods
The store of the Service may also offer the possibility to purchase physical goods, such as compact disc and microphones, for the prices indicated in such store. You acknowledge and agree that these prices are exclusive of shipping costs and applicable taxes and that if you purchase any physical good in the store, such shipping costs and taxes will be billed to your credit card in addition to the prices charged for the items you purchased.
12. Content Availability and Prices
Subject also to the type of membership that you sign up for, you acknowledge and agree that the content that is available to you is the content available in the country in which the credit card you designate during the purchase process was issued.
SMART DREAMS INC. reserves the right to change any and all content available in the Service and the pricing of such content and/or Service, including the membership fees charged for access to the Service and the prices of the physical goods, at any time without notice.
13. Limited License
Provided that you are eligible for use of the Service and that you have validly signed up to use the Service, SMART DREAMS INC. grants you a limited, non exclusive, revocable license to access and make personal use of the Service and of the content available through the Service in accordance with the terms and conditions of this Agreement, including the Rules of Conduct. You acknowledge and agree that the content available through the Service is licensed, not sold, to you, and you acknowledge that the streaming of sound recordings and the personalized renditions of sound recordings shall not constitute a grant or waiver of any rights of the copyright owners in such sound recordings and the underlying musical compositions embodied therein. Any use of the Service or of the content available through the Service other than as specifically authorized herein is strictly prohibited and shall terminate automatically the license granted herein.
14. Rules of Conduct
You acknowledge and agree to use the Service, including the content available through the Service, in compliance with the applicable Rules of Conduct:
(a) You agree to use the Service and the content available through the Service, for personal, non-commercial use only;
(b) You agree not to use the Service and the content available through the Service in any manner that could damage, disable, overburden or impair the Service or the content available through the Service;
(c) You agree not to use any data mining, robots, scraping or similar data gathering or extraction methods;
(d) You agree not to sign up for an account on behalf of someone else or of any group or entity;
(e) You agree not to use, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the content available through the Service, except as provided herein;
(f) You agree not to interfere with the other members' use and enjoyment of the Service;
(g) You are solely responsible for your interactions with other users of the Service; SMART DREAMS INC. reserves the right, but has no obligation, to monitor disputes between you and other users of the Service;
(h) In the event that SMART DREAMS INC. changes any part of the Service or discontinues the Service, which SMART DREAMS INC. may do at its own discretion, you acknowledge that you may no longer be able to use the Service or to use it to the same extent as prior to such change or discontinuation, and that SMART DREAMS INC. shall have no liability to you in such case;
(i) The Service offers you the possibility to create your profile, in which you may submit, post or display some information about yourself and upload a picture of yourself. You agree not to post, display, upload, transmit, share, store or otherwise make available any content in your profile for which you do not have the complete ownership rights. You further agree not to post, display, upload, transmit, share, store or otherwise make available any content in your profile that, in the sole judgment of SMART DREAMS INC., is illegal, vulgar, obscene, threatening, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or which may expose SMART DREAMS INC. to any harm or liability of any type, whether you decide to make your information and your picture accessible and viewable by your friends or the public, or you decide to keep it private. SMART DREAMS INC. reserves the right not to post, display or publish any content, and to delete, remove or edit any content, at any time in its sole discretion without liability and without notice;
(j) The Service offers interactive features that allow you to submit, post or display information and other materials in other areas of the Service than your profile, which are accessible and viewable by other users of the Service and the public, including, but not limited to, posting comments on the other users' personalized renditions of the sound recordings. You agree that any use by you of such features shall be your sole responsibility, shall not infringe the intellectual property rights of any other, contribute to or encourage unlawful conduct, be illegal, harassing, abusive, vulgar, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, in the sole judgment of SMART DREAMS INC.. SMART DREAMS INC. reserves the right not to post, display or publish any such information and materials, and to delete, remove or edit any such information and materials, at any time in its sole discretion without liability and without notice;
(k) You agree that the picture and information in your profile, as well as any other information, content or materials that you submit, upload, post or display in connection with the Service shall remain your exclusive property. You further agree that if you do submit, upload, post or display information, pictures, materials or any other content in connection with the Service, and you elect to make such information, pictures, materials or other content accessible and viewable by the public, you automatically grant SMART DREAMS INC. a non-exclusive, royalty free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, exhibit, distribute, and display such content in any media. You also grant SMART DREAMS INC. and its sublicensees the royalty free, worldwide, perpetual, irrevocable and transferable right to use the name that you submit in connection with such information, pictures, materials or other content, if they choose.
(l) The Service offers interactive features that allow you to record personalized audio and/or video renditions of the sound recordings and to decide whether you want your personalized renditions to be accessible and viewable by your friends or the public. You agree that any and all of your personalized renditions of the sound recordings shall remain the exclusive property of SMART DREAMS INC.. Except for the limited rights available to you from SMART DREAMS INC. in the Service, you agree that the republication, broadcast, distribution, exhibition or other use of your personalized renditions of the sound recordings is prohibited, including, without limitation, sending such recordings via email.
You further agree that when using the recording features of the Service and the public sharing of such recordings, SMART DREAMS INC. shall automatically have the exclusive, royalty free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, link to, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, exhibit, broadcast and distribute these recordings in any media. You grant hereby SMART DREAMS INC. and its sublicensees the royalty free, worldwide, perpetual, irrevocable and transferable right to use the name that you submit in connection with such recordings, if they choose. You may, at any time, decide to change the public sharing of your recordings by going to My Recordings Section and then the Privacy Settings on The SingForYou.Net website.
(m) You agree to comply with all applicable federal, state and local laws, and regulations when using the Service and the content available through the Service.
SMART DREAMS INC. reserves the right to modify the Rules of Conduct at any time without notice.
15. Payment for Membership Fees and Physical Goods
You agree to pay for the membership fees and the physical goods you purchase through the Service, and that SMART DREAMS INC. may charge your credit card for the membership fees and the physical goods purchased, and for any additional amounts (including any applicable taxes and shipping costs) as may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing SMART DREAMS INC. with a valid credit card details or PayPal information for payment of all fees. All fees will be billed to the credit card or your PayPal account you designate during the purchase process. If SMART DREAMS INC. does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SMART DREAMS INC.. Your account may be reverted to free membership without notice to you if payment is past due, regardless of the dollar amount.
All payments must be made by VISA, MasterCard or American Express credit card using PayPal or other third party payment gateways. SMART DREAMS INC. will not accept cash, checks or any other payment form. AS BETWEEN YOU AND SMART DREAMS INC., YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
16. Unauthorized Charges
Unless you notify SMART DREAMS INC. of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release SMART DREAMS INC. from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to SMART DREAMS INC. within sixty (60) days of its first appearance on an invoice or credit card statement.
17. Refund Policy
If you are not 100% satisfied with our services, let us know within 7 days from your purchase date. We will fully refund the cost of your membership within 30 days from the purchase date.
18. Removal of Content
SMART DREAMS INC. shall have the right to change, suspend, remove, or disable access to any products, materials or other content available on the Service at any time without notice, including, but not limited to, personalized audio and video renditions of sound recordings. SMART DREAMS INC. shall not be liable for the removal of or disabling of access to any such product, material or content.
19. Intellectual Property
You acknowledge that the Service, The SingForYou.Net website and all content on such website and available through the Service, including, but not limited to, designs, text, graphics, logos, button icons, images, pictures, music, audio clips, videos, personalized audio and video renditions of sound recordings, information, editorial content, data compilations, files selection and arrangement, postings, links, and software, are the property of SMART DREAMS INC. and/or its licensors, and are protected by applicable intellectual property and copyright laws. You agree not to use such proprietary information or materials in any way except for use of the Service in accordance with the terms of this Agreement. You agree not to modify, copy or reproduce any and all portions of the Service in any form or by any means, and not to modify, rent, lease, loan, sell, distribute, exploit, or create derivative works based on the Service, in any manner. You do not obtain any rights under this Agreement in any intellectual property.
20. Third Party Material and Websites
SMART DREAMS INC. may provide links from The SingForYou.Net website to certain third party websites. You acknowledge and agree that SMART DREAMS INC. is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to and material from any third party websites does not imply approval or endorsement thereof by SMART DREAMS INC.. SMART DREAMS INC. does not assume and will not have any liability or responsibility for any third-party material or websites, or for any other material, products, or services of third parties.
You also agree and acknowledge that you may be subject to other terms and conditions from third parties when you use such third parties' material, products, services, software or websites and that the present terms and conditions may no longer apply.
21. Copyright Claims
SMART DREAMS INC. obeys all relevant copyright laws, and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
(1) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
(2) A description of the copyrighted work claimed to have been infringed;
(3) A description of the infringing material and information reasonably sufficient to permit us to locate the material;
(4) Your contact information, including your address, telephone number, and email;
(5) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to email@example.com email address.
22. Termination of the Service
SMART DREAMS INC. shall have the right to modify, suspend, or discontinue the Service (or any part, feature or content thereof) at any time and for whatever reason, with or without notice to you. SMART DREAMS INC. shall not be liable to you or to any third party for exercising such rights.
The term of this Agreement shall begin when you validly sign up to the Service and shall end when terminated by you or SMART DREAMS INC. in accordance with the provisions of this Agreement ("Term").
24. Termination and Closing of your Account
You may, at your sole discretion and at any time, decide to terminate this Agreement and close your account by sending email to The SingForYou.Net website. You agree that if you decide to close your account, your profile will not appear in any search results, however, SMART DREAMS INC. shall have the right to continue sending you emails in other fields.
25. Termination by SMART DREAMS INC. and Other Remedies
If you fail to comply with any of the provisions of this Agreement, including, but not limited to, failure to make payment of fees due, failure to provide SMART DREAMS INC. with a valid credit card/payment information or with accurate and complete Account Data, violation of the Rules of Conduct, or infringement or other violation of third parties' rights, SMART DREAMS INC., at its sole discretion, without prior notice to you, may (i) terminate this Agreement and/or deactivate your account, and you will remain liable for all amounts due up to the date of termination; (ii) delete your profile or any information, content or picture that you have posted on The SingForYou.Net website; or (ii) preclude access to the Service (or any part or feature thereof).
26. Survival of Provisions
Provisions 16, 18, 19, 20, 26, 27, 29, 30, 31 and 32 of this Agreement shall survive the termination of this Agreement.
27. Use of Your Information
If your account is deactivated or this Agreement is terminated by SMART DREAMS INC., SMART DREAMS INC. may retain some information provided by you to comply with the law and/or its contractual obligations with third parties, and/or to prevent subsequent signing up to the Service.
28. Representations and Warranties
You represent and warrant that (i) your Account Data is complete and accurate; (ii) you own or otherwise control all of the rights to the pictures, information, materials and other content that you submit, share, post or display on The SingForYou.Net website; and (iii) the use of the pictures, information, materials and other content that you submit, share, post or display on The SingForYou.Net website does not violate or infringe upon the rights of any third party and will not cause injury to any person or entity.
SMART DREAMS INC. makes no guarantee, representation or warranty that its operation of The SingForYou.Net website or your use of the Service will be uninterrupted or error-free, and you agree that the Service may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. SMART DREAMS INC. may remove the Service for indefinite periods of time, or terminate the Service at any time, without notice to you and without liability.
The Service, and all information, content and materials made available to you through the Service, are provided by SMART DREAMS INC. "as is" and "as available". SMART DREAMS INC. disclaims any and all warranties and representations with respect to the Service, and the information, content and materials available through the Service, including, but not limited to, the quality of the sound recordings, and all expressed or implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby specifically disclaimed and excluded.
Without limiting any provision herein, SMART DREAMS INC. makes no guarantee, representation or warranty that any particular player, portable device, or other hardware will be compatible with its application. It is your sole responsibility to ensure that your system(s) and/or devices will function correctly with the Service’s application. SMART DREAMS INC. shall not be liable to you or to any third party for any loss or damages to your computers, internet modems, players, portable devices or other hardware.
SMART DREAMS INC. makes no guarantee, representation or warranty that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and SMART DREAMS INC. disclaims any liability relating thereto. You are solely responsible for backing up your own system and data.
SMART DREAMS INC. shall not be responsible for the pictures, information, materials or other content submitted, shared, posted or displayed by you on The SingForYou.Net website, including how the other users of the Service collect, handle, use or share any information, materials or other content it may collect from your profile. SMART DREAMS INC. shall use reasonable efforts to protect the pictures, information, materials and other content submitted, posted or displayed by you in connection with your use of the Service, but you acknowledge and agree that your submission of such content is at your sole risk, and SMART DREAMS INC. hereby disclaims any and all liability to you for any loss or liability relating to such content. SMART DREAMS INC. shall have also no responsibility and no liability to you for any pictures, information, materials and content submitted, shared, posted or displayed on The SingForYou.Net website by the other users of the Service.
You agree to indemnify and hold SMART DREAMS INC., its affiliates and subsidiaries, and their respective directors, officers, employees, agents, representatives, contractors, and licensors harmless from and against any claim, loss, liability, damages, costs and expenses arising out of or in connection with (a) your breach of this Agreement; (b) the pictures, information, materials or other content that you submit, post or display on The SingForYou.Net website; (c) any violation by you of any law or rights of a third party; or (d) any action taken by SMART DREAMS INC. as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred.
31. Limitation on Liability
SMART DREAMS INC., ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND LICENSORS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION. SMART DREAMS INC.'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE.
32. Applicable Law
This Agreement shall be governed by the laws of the United States and the state of New York, without reference to rules governing choice of laws. Any actions or disputes relating to this Agreement and the Service shall be exclusively adjudicated in the state or federal courts in New York, and you consent to such venue and jurisdiction.
33. Enforcement of These Terms
SMART DREAMS INC. shall have the right to take all reasonable and appropriate steps to enforce and/or verify compliance with any part of this Agreement. You agree that SMART DREAMS INC. has the right, without liability to you, to disclose any Account Data to law enforcement authorities, government officials, and/or a third party, as SMART DREAMS INC. believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
34. Entire Agreement
This Agreement constitutes the entire understanding between you and SMART DREAMS INC. with respect to your use of the Service, supersedes any prior agreements between you and SMART DREAMS INC., and governs your use of the Service.
You may not assign this Agreement without SMART DREAMS INC.'s prior written consent. SMART DREAMS INC. may assign this Agreement at any time without prior notice to you.
If any provision of this Agreement is held by any court of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
The failure by SMART DREAMS INC. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right to subsequently exercise or enforce such right or provision or any other provision of this Agreement.
38. Changes to this Agreement
SMART DREAMS INC. may change, revise, update or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that SMART DREAMS INC. may impose new or additional rules, policies, terms or conditions on your use of the Service at any time. You hereby agree that a change notice sent to you by email or the posting on The SingForYou.Net website of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the Service after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the Service and close your account. It is your responsibility to regularly check The SingForYou.Net website to determine if there have been changes to these terms and to review such changes.
Except as provided elsewhere herein, all notices relating to this Agreement may be send to you by email (effective upon actual receipt) or mail to the address that you provided to SMART DREAMS INC. in the course of using the Service (effective five (5) days after mailing).
41. Submissions and Complaints
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, complaints or other information about the Service that you wish to provide to SMART DREAMS INC. shall be made through the Contact Us Section of The SingForYou.Net website.
42. Electronic Communications
YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM SMART DREAMS INC. ELECTRONICALLY. AS A USER OF THE SERVICE, SMART DREAMS INC. MAY FROM TIME TO TIME SEND YOU EMAIL UPDATES ABOUT THE SERVICE OR THE CHANGES TO THIS AGREEMENT. YOU AGREE THAT ALL THESE EMAIL UPDATES AND OTHER COMMUNICATIONS THAT SMART DREAMS INC. PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.