Last Revised: 27 March, 2016
The terms of this agreement (the "Agreement") govern the relationship between AudioBurst ("we", "us" or "our"), and you ("you", "your" or "user"), with respect to your access to or use of our services, as provided herein.
We are committed to the collection and preservation of publicly available radio content deemed to be of public interest, culturally important artifacts, scholarly material, news reports, or other material (the "Service"). Access to the Service is provided at no cost and is granted for scholarship, comparative and research purposes only.
The audio, video, text, images, metadata or other material made available on our Service (collectively, the "Content") is either protected by third-party rights (such as copyrights) or are materials which are in the public domain or made available.
We endeavor to locate and acknowledge rights holders and to make permissible use of the Content. In the event that any Content infringes your rights or the rights of any third parties, or the Content is not properly identified or acknowledged, we would be glad to hear from you so we may make any necessary alterations. To do so please contact us at: email@example.com
As part of our Service, we may enable you to promote Content through our distribution network and promote the Content to a wider audience. During your enrollment, you will be asked to submit the campaign information (such as the target spend, target location and device type).
You hereby acknowledge that we do not guarantee how often the Content will be displayed, or that the number of impressions during any period will fully exhaust your target spend for that period. We reserve the right to pause a campaign or cap the target spend in any given campaign, for any reason whatsoever at our sole discretion (in such an event, we may reimburse you for amounts paid in the event that the target spend as not been exhausted, and only for the un-exhausted portion of the budget).
We shall provide you an invoice that discloses the amounts due to us upon the conclusion of your enrollment.
All requests for billing corrections or invoice revisions must be made in writing within five (5) business days of receipt of invoice. If no such request is received within that time, invoice is considered valid and payable in full by the due date shown on the invoice.
In addition to any other rights or remedies we may have, failure to pay any invoices as set forth herein may result in the termination or suspension of your campaign.
For purposes of clarity, all payments shall be made in U.S. Dollars, unless otherwise agreed to between the parties.
Impressions shall be measured and reported to you on the basis of the data captured in our tracking logs, which are available to you anytime at our dashboard. You understand and agree that you are solely responsible for your own actions with respect to the campaign. We will not review your activity and we are not responsible or liable for any mistakes made by you in the managing of your campaign.
Restrictions on use
Some of the Content available through our Service may be governed by local, national, or international laws, regulations or directives; your use of such Content is solely at your own risk and discretion. You agree to abide by any applicable laws and regulations, including intellectual property laws, in connection with your use of the Service.
You may not use our Service if you are under 13 years old.
You may use or access our Service only in ways consistent with this Agreement; you may not:
1. Make any commercial or non-personal use of the Service;
2. Copy, store, download, edit, change, prepare any derivative work of, or alter in any way the Content available on the Service;
3. Interfere with the operation or the performance of the Service or with the works, material or resources of any third party;
4. Translate, reverse engineer, disassemble, decompile, modify or create derivative works based on the Service, or any portion thereof;
5. Circumvent any technology used by us, or rent, lease or sublicense our Service or any portion thereof;
6. Infringe any third party's rights, including copyright, trademark, patent, or other proprietary rights, or rights of privacy or publicity;
7. Act in any way that might give rise to civil or criminal liability;
8. Act in any way that may be reasonably deemed as harassing, threatening, offensive, objectionable or harmful to minors;
Subject to the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-transferable, royalty-free, revocable license to access and use the Service in legally authorized jurisdictions for personal non-commercial purposes only. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws
We retain all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in our Service, the software and technology comprising the Service. All trademarks, service marks, graphics, and logos, are our registered trademarks. Our Service may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to our trademarks or the trademarks of any third party. The Service is owned or licensed by AudioBurst and is protected by the copyright laws. You may not sublicense, assign, or transfer the license granted to you under this Agreement
Our Service may contain information, materials or services provided to us by third parties (collectively, "Third Party Content"). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. We shall not under any circumstances be responsible or liable for any Third Party Content. Third Party Content is made available to you subject to the applicable terms and conditions of the Third Party Content. You may not make use of Third Party Content for commercial purposes. You may not make any use of Third Party Content which infringes upon third party rights, including using, copying, redistributing, displaying, modifying or removing Third Party Content.
We reserve the right, at our sole discretion, to change, modify, add, or delete any of the terms and conditions of this Agreement or any portion thereof, at any time and to our sole discretion; such amendments will take effect immediately. The last revision will be reflected in the above heading. Your continued use of the Service constitutes your acceptance of any and all such modifications.
The Content displayed or made available on the Service is derived from publicly accessible sources. The content may contain information that might be deemed sexually explicit, offensive, disturbing, pornographic, racist, violent, misleading, fraudulent, or otherwise objectionable. We do not control, warrant, monitor, screen, endorse, sponsor or guarantee any Content displayed or made available on the Service, and we shall not assume liability for the use of such Content. We do not guarantee or warrant that the Content is accurate, complete, non-infringing, or legally accessible in your jurisdiction, and you agree that you are solely responsible for abiding by all laws and regulations that may be applicable to your use of the Service. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranty of any kind; you agree that your use of the Service shall be at your sole risk and responsibility. To the fullest extent permitted by applicable law, we (including, without limitation, our licensors, officers, directors, employees, and agents) disclaim all warranties, express or implied including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any warranties regarding the accuracy, currency, completeness, reliability, correctness or usefulness of the Content, or that the Service is error or defect free or otherwise free from any interruptions or other failures. We disclaim all warranties or representations concerning (i) any problems or availability of internet connections; (ii) errors, omissions, mistakes, or inaccuracies in the Content or the Service; (iii) any loss or damage of any kind incurred as a result of the access or use of the Service or the reliance on the Content; (iv) any interruption or cessation of transmission regarding the Service; and (v) any bugs, viruses, Trojan horses, or other malicious code which may be transmitted to or through the Service by any third party. We do not warrant, endorse, guarantee, or assume responsibility for any product, goods or services advertised or offered by a third party through the Service, or any third party website, app or services promoted through or featured in the Service.
Limitation on Liabilities
In no event shall we (including, without limitation, our licensors, officers, directors, employees, and agents) be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) any problems or availability of internet connections; (ii) errors, omissions, mistakes, or inaccuracies in the Content or the Service; (iii) any loss or damage of any kind incurred as a result of the access to or use of the Service or the Content; (iv) any interruption or cessation of transmission regarding the Service; (v) any bugs, viruses, Trojan horses, or other malicious code which may be transmitted to or through the Service by any third party; and (vi) any unauthorized access to or use of our secure servers and/or any and all information stored therein, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we were or should have been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by the applicable law.
You agree to indemnify and hold us (including ,without limitation, our licensors, officers, directors, employees, and agents) harmless from and against any and all liability, loss, claims, damages, costs, and/or actions (including reasonable attorneys’ fees) arising from your use of the Service or Content. Or any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
We may immediately terminate this Agreement at our sole discretion, at any time and without prior notice. Upon termination, you agree to cease use of the Service. We may remove any Content made available on our Service, at any time and at our sole discretion. Notwithstanding anything else contained in this Agreement, we have no obligation to continue making the Service available or producing or releasing new versions of the Service or any updates thereto, or to continue making any portion of the Service free of charge.
Disputes and governing law
You hereby agree that all disputes between you and the us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to this Agreement or proprietary rights, will be resolved by binding, individual arbitration, which will take place in Delaware; you hereby expressly waive trial by jury. You may bring claims only on your own behalf. You will not participate in a class action or class- wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You may opt out of this arbitration provision; if you do so, we cannot require you to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: firstname.lastname@example.org
This Agreement constitutes the entire agreement between you and us, and governs your access and use of the Service; your acceptance supersedes any prior agreements between you and us.
You may not assign the Agreement or any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our prior written consent will be null and void. We may assign the terms or any rights hereunder without your consent.
Severability and Non-Waiver
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
We are committed to safeguard the intellectual proprietary rights of any person. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We may, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against subscribers or other third parties who infringe the copyright rights of others. If you believe, in good faith, that any Content used or displayed on or through our Service contains unauthorized reproductions of your copyrighted work or material, or links to sites containing unauthorized reproductions of your copyrighted work or material, you may send us a notice requesting that the Content be removed, or access to it blocked. In order to do to please provide the following information to us:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
* A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
* A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
228 Hamilton Ave
Palo Alto, CA 94301
If you have become aware of any violation of the terms of this Agreement, or of any breach of any law or right of any third party, or if you have any general questions or information relating to Content please contact us at: