Terms of Use

V1.2, August 1st, 2016

Acceptance of Terms

The services that TrustedAudio (hereinafter “TA”) provides to you at trustedaudio.com and related domains are subject to the following Terms of Use (hereinafter "TOU"). TA reserves the right to update and modify this TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages.

BY USING THIS SITE, YOU AUTOMATICALLY AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SITE.

Description of Services

TA is a digital audio delivery service offered by means of a website (hereinafter “Site”) and its underlying platform and service (hereinafter “Service”) based on TA proprietary patented audio watermarking technology. TA provides tools and interfaces to publicly and/or privately deliver and distribute watermarked, secretly and/or openly, and non-watermarked digital audio materials, such as song, music, speech, or other sound recordings (hereinafter “Content”) to recipients, to store watermark information in the TA database for private or public use, and to backtrace Content recipients based on embedded watermarks.

Billing and Refunds

Most TA services, except for services provided for free, are pre-paid. You can acquire the desired amount of credit points to refill your TA account balance by purchasing corresponding digital coupons via a TA affiliate e-commerce provider.

TA coupon purchases are non-refundable.

Eligibility

By using the Site, you represent and warrant that (a) all registration information you submit is accurate, truthful, and lawful; (b) you will maintain the accuracy of your registration information; (c) your use of the Site does not violate any applicable law or regulation in your country.

You acknowledge that your profile may be deleted and your membership and account may be suspended and terminated without warning if you have failed to adhere to the aforementioned.

Content and Copyrights

TA does not claim any copyrights to the Content uploaded to and/or hosted at and/or transmitted via and/or shared through and/or delivered via (hereinafter “posted” on) the Service by its users.

By posting any Content through the Service, you hereby grant to TA a revocable, non-exclusive, transferrable, fully-paid, royalty-free, and worldwide license to distribute, reformat, modify, and publicly display the content solely on and through the TA platform for the purpose of making the Content available only and strictly in accordance with your instructions (such as, and not limited to, embedding a watermark, reformatting/modifying the Content for purpose of its distribution to your recipients, and storing watermark information in the TA database) and to grant and authorize sublicenses of the foregoing. The license will terminate at the time the Content is removed from the Service.

You warrant and represent that you have the right to grant the rights herein granted with respect to the Content posted via the Service. You warrant and represent that you own or have obtained the rights for TA to use, as contemplated herein, the Content, and you shall be solely responsible for the payment of any fees, royalties, or other amounts claimed to be due in connection with such use.

By watermarking any Content using the Service, you hereby agree to store watermark information and information associated with it in the TA database. You acknowledge that this information will be stored in the TA database permanently and will never be removed from it. In particular, this information will remain in the database in case of removal of the Content and termination of your account.

You are solely responsible for the Content posted by you on the Service, and you are solely responsible for any consequences of posting the Content on the Service. You acknowledge and agree that you will post the Content on the Service and/or use the Service to post the Content solely in accordance with this TOU and any other policies and guidelines explicated on the Service. You may not post Content that you do not have permission to post. You understand and agree that TA’s administration (hereinafter “Administration”) may, but is not obliged to, review the Content and may delete or remove, without notice, any Content in its sole discretion, for any reason or for no reason, including and without limitation, Content that in its sole judgment violates this TOU or which might be offensive or illegal or that might violate the rights, harm, or threaten the safety of users or others. In addition to these actions, the Administration may, at any time and without notice, terminate your membership or account for posting such Content. Subject to the foregoing and other than as necessary for Site maintenance, the Administration will not review any Content without first receiving a request from you or a lawful complaint from a third party. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post on the Site.

In the event the Administration receives proper written notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and may terminate the accounts of infringers in accordance with the Digital Millennium Copyright Act (hereinafter “DMCA”). If you believe that any Content on the Site infringes upon any copyright that you own or control, you may send a written notification of such infringement to the Administration.

In accordance with the DMCA and other applicable law, we may terminate, in appropriate circumstances and at our sole discretion, membership and accounts of any TA users who infringe the intellectual property rights of others.

Service Use

TA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, ITS CONTENT, AND SERVICE ARE DELIVERED AND PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

You understand and agree that you use the Service at your own risk and that you will be solely responsible for any possible consequences that such use or misuse may have or result in.  All responsibilities and liabilities towards users, customers, and third parties remain solely with you, all without recourse against TA, its owners, and its employees. You acknowledge that TA, its owners, and its employees, shall not be liable for any direct or indirect damage caused to you by using the Service.

By using the Service and the Site, you acknowledge that you have read, understood, and agreed to this TOU. If you do not agree with any aspects of this TOU, you should not use the Site.

You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its underlying platform or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any TA server, or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, TA systems or networks, or any systems or networks connected to the Site or to TA.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else or impersonate any other individual or entity.

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a TA ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify the Administration immediately of any unauthorized use of your account or password or any other breach of security. However, you may be held liable for losses incurred by TA or any other user of or visitor to the Site due to someone else using your TA ID, password, or account.

You may not use anyone else’s TA ID, password, or account at any time without the express permission and consent of the holder of that TA ID, password, or account. TA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

TA’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Re-distribution

You may not re-sell and/or re-distribute and/or sub-license the Services provided by TA to third-parties unless under formal agreement with TA management. Your membership and account may be suspended and terminated without warning if you have failed to adhere to the aforementioned.

Content Disclaimer

TA is not responsible or liable in any manner for any Content posted on the Service or in connection with it. TA does not control and is not responsible for Content posted on the Service by its users. In particular, TA is not responsible for any unlawful, offensive, inappropriate, or otherwise objectionable content, which may be encountered on the Site or in connection with it.

Availability Disclaimer

TA Service and/or its Site may sometimes become temporarily unavailable for maintenance or other reasons. TA assumes no responsibility for any error, omission, interruption, deletion, defect, delay, or failure of operation or transmission, communication line failure, theft or destruction, or unauthorized access to or alteration of user communications. TA is not responsible for any technical malfunction of services, procedures, or operations relying on TA Service availability.

Witness Disclaimer

You acknowledge that you should not require TA, its owners and employees, and/or its representatives to witness and/or represent in court and/or otherwise support and/or assist you and/or any third party in case of any juridical and/or legal proceeding and/or examination and/or investigation involving the Service as a tool for providing evidence of piracy and/or ownership and/or any other testimony based on Content backtracing information obtained via the Service and its audio watermarking technology. You acknowledge that you should not involve TA in any legal proceedings related to the use of the Service as means of backtracing, anti-piracy, identification, and/or authentication.

Indemnity

You agree to indemnify and hold TA, its owners, employees, subsidiaries, affiliates, officers, agents, contractors, and partners harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any Content you post on the Site, your use or misuse of the Service, or your conduct in connection with the Service or with other users of the Service.

You acknowledge that you take all responsibility on holding yourself harmless against any and all action, award, claim, or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty, or proceeding (including legal and other professional fees and expenses) that you may suffer, sustain, incur, pay, or be put to arising from or in connection with use or misuse of the Service.

The aforesaid indemnification obligations, along with any representations and warranties made by you hereunder, will survive the termination of this TOU and your use of the Site.

Modifications

TA reserves the right to change any and/or all content, software, Service, and Site components and other items used or contained in the Service and its website at any time without prior notice.

Severability

If any provision of this TOU is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

Entire agreement

This agreement constitutes the whole agreement between you and TA and supersedes any previous arrangement, understanding, or agreement relating to the subject matter of this agreement.