Terms of Use

Audio Addiction Music Library Terms of Use

Last updated on June 21, 2018 (the “Effective Date”).

Important Information: You should carefully read the following Terms Of Use (also referred to as the “Terms and Conditions”, “Terms Of Use” or “TOU”). These TOU are between The Music Kitchen, Inc., a California corporation, d/b/a “Audio Addiction Music”, and its related companies (collectively, “Company”, “we”, “us”, or “our”) and you. These TOU govern your use of the websites, audioaddictionmusic.com and audioaddiction.sourceaudio.com, all related services, content, products, and any other services Company provides in connection with such websites (individually and collectively, the “Websites”).  Please read these TOU carefully because they constitute a binding legal agreement between you and Company.

By accessing or using the Websites in any way, (a) you represent that you have read and understood these TOU, and (b) you agree to be bound by these TOU.  If you do not agree with these TOU, then please do not use the Websites. You should print or otherwise save a copy of these TOU for your records.

To access, use, and/or register for the Websites you must (a) be eighteen (18) years of age or older, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also represent and warrant that any registration information that you submit to us is accurate, true, and complete, and that you will keep it that way at all times.

Scope Of Agreement

The Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other associated operating rules and policies (including, without limitation, Company’s Privacy Policy).

Company will treat any personal information that you submit through the Websites in accordance with its Privacy Policy as set forth on the Websites.

You consent to having your Internet Protocol address recorded. The Identifier is uniquely matched to your Internet Protocol address.

Although under no obligation to do so, Company reserves the right to monitor use of the Websites to determine compliance with these Terms Of Use, as well the right to remove or refuse any information for any reason.

Modification of Terms Of Use

Company reserves the right, at its sole discretion, to modify or replace any part of these Terms Of Use without notice. It is your responsibility to check these Terms Of Use periodically for changes. Your continued use of or access to the Websites following the posting of any changes to these Terms Of Use constitutes acceptance of those changes. Company may also, in the future, offer new services and/or features through the Websites (including, the release of new tools, services, and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms Of Use.

Non-Human Visitors

A special restriction on a visitor’s license to access the Websites applies to all non-human visitors. Non-human visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the Websites automatically.

Intentional collection, harvesting, gathering, and/or storing of the Websites’ email addresses or content by non-human visitors is recognized as a violation of this agreement and expressly prohibited.

Any non-human visitors to the Websites shall be considered agents of the individual(s) who controls, authors, or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their non-human visitor devices in the same manner as if they personally visited the Websites.

Proprietary Rights

All the material and content (hereinafter referred to as the “Content”) accessible at the Websites is the proprietary Content of Company or the party that provided the Content to Company, and Company or the party that provided the Content to Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, or unless authorized in writing elsewhere on the Websites, except that you may download copies of the Content without upfront payment for auditioning in audio-visual or other works. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms Of Use violates Company’s intellectual property rights. Neither title, ownership, nor intellectual property rights to any of our products or services, whether modified or unmodified, are transferred to you by access to the Websites.  All rights reserved by Company.

You may not use the Websites for any other purpose, including any commercial purpose, without Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site without the express prior written permission of an authorized representative of Company. For purposes of these Terms Of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Company in causing any unauthorized co-branding, or framing immediately to cease.

Trademarks, service marks, and logos appearing on the Websites are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on this site.

Websites Access Rights, Subscriptions, and Functionality

The access rights to a user account granted to you under these Terms Of Use are non-transferable without the express written permission of Company. You are responsible for the actions of any other person who may utilize your access rights on the Websites.

Any passwords used for the Websites’ user accounts are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed.

You are prohibited from using any services or facilities provided in connection with the Websites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms Of Use.

Optional premium paid subscription services are available on the Websites. By selecting a premium subscription service, you agree to pay Company the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

Company may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these TOU or your music search account (if you have one), you may simply discontinue using the Websites. Notwithstanding the foregoing, if you have a subscription account, such account can only be terminated by Company if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Company’s notice to you thereof; provided that, Company can terminate the Websites immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of these TOU. Upon termination, all provisions of these TOU which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Company does not warrant that the functions or content contained in the Websites will be uninterrupted or error-free, or that defects will be corrected in a timely manner. There is no guarantee that users or subscribers will be able to access the Websites whenever and wherever desired. There may be extended periods of time when you cannot access the Websites for various reasons, many beyond our control. Heavy traffic on the Websites or Websites’ hosting platform may affect your access to the Websites. In the event this disclaimer is held not to be enforceable or is otherwise invalidated, the maximum liability of Company, its subsidiaries, affiliates, employees, officers, directors and agents to you shall be the pro-rated refund of the amount paid for a subscription or blanket license to the Websites.

You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Websites will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.

Third-Party Websites

The Websites may be hyperlinked to other sites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Websites or Company. Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to our Websites. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Company of that site.

Mutual Indemnification with Respect to Use of Content

Specifically with respect to use of Content as provided herein, each party hereto agrees to indemnify and hold harmless the other party from and against any and all third party claims that result in any damage or loss (including outside attorneys’ fees, court costs, and expert fees), and which arise out of any breach of any warranty, representation, or term of these TOU that is reduced to a final adverse judgment in a court of competent jurisdiction or settled with indemnifying party’s consent.

General Indemnification

Other than as provided herein, you will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms Of Use by you, including any use of Content other than as expressly authorized in these Terms Of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Websites.

Limitation of Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

Websites Use Terms

You may not post, send, submit, publish, or transmit in connection with the Websites any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms Of Use.

Music Submissions

You remain solely responsible for the content of any music submissions to the Websites. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Governing Law; Dispute Resolution

These Terms Of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to jurisdiction in California in connection with any dispute between you and Company arising out of these Terms Of Use or pertaining to the subject matter hereof. The parties to these Terms Of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms Of Use or pertaining to the subject matter of these Terms Of Use will be in the state and federal courts in Los Angeles, California.

If any part of these Terms Of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These TOU, together with Company’s Privacy Policy contain the entire understanding between you and us regarding your use of the Websites, and supersedes all prior agreements, representations, and understandings between you and us relating to the subject matter hereof.

 

 

 

© 2019 Audio Addiction Music.  All rights reserved.

Terms Of Use ultima modifica: 2017-07-31T16:48:27+00:00 da lifetimeinv3