Terms of Service

The following terms and conditions govern all use of the Audioname.com website and all content, services and products available at or through the website. The Website is owned and operated by Audioname, Inc. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Audioname's Privacy Policy http://www.audioname.com/info/privacy and procedures that may be published from time to time on this Site by Audioname (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. Audioname reserves the right to change these terms at any time. We recommend that you periodically check this site for changes.

Your responsibility

By recording your Audioname and posting content, you are granting permission to us and others to access and use it in connection with the services, the site and otherwise in connection with our business. If you link or add your Audioname to other websites and application, you are fully responsible for it. If you operate an Audioname business account, you are fully responsible for the Audionames that are displayed on your website or application. You must not use your Audioname in a misleading or unlawful manner. You must immediately notify Audioname of any unauthorized uses of your Audioname, your account or any other breaches of security. Audioname will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Payments

Paid services such as Audioname Pro, Audioname Enterprise are available on the Website (any such services, a "Business Account"). By signing up for a Business Account you agree to pay Audioname the monthly or annual subscription fees indicated for that service. Audioname accepts credit card payments via STRIPE and complies with the PCI standards. Payments are charged on a pre-pay basis on the day you sign up for a Business Account and will cover the use of that service for a monthly or annual subscription period as indicated. Audioname does not provide refunds or credits for any partial months or years. If Audioname is unable to process your transaction using the credit card information provided, Audioname reserves the right to suspend or revoke access to your account.

Automatic Renewal

Unless you notify Audioname before the end of the applicable subscription period that you want to cancel a Business Account, your Business Account subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee, using any credit card or other payment mechanism we have on record for you. Business accounts can be upgraded, downgraded or canceled at any time. If you wish to make any of these changes, please contact support@audioname.com. Changes to your payments will take effect in your next subscription period. However, additional Audioname users could be added to your Business Account within the same subscription period. Should you elect to cancel your Business Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.

Responsibility of Website Visitors

Audioname has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects.

Intellectual Property (Trademarks & Copyrights)

Audioname, the Audioname logo and the Audioname design are trademarks or trade dress of Audioname, Inc. and may not be used without express written permission from Audioname, other than for attribution, which is required via the display of the Audioname logo, unless otherwise agreed in writing by Audioname.

Changes

Audioname reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Audioname may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Audioname may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Audioname account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Business Account, such account can only be terminated by Audioname if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Audioname’s notice to you thereof; provided that, Audioname can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided "as is". Audioname and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Audioname nor its suppliers and licensors, makes any warranty that the Website will be error free or that access there to will be continuous or uninterrupted.

Limitation of Liability

In no event will Audioname, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages
  2. the cost of procurement for substitute products or services
  3. for interruption of use or loss or corruption of data
  4. or for any amounts that exceed the fees paid by you to Audioname under this agreement during the twelve (12) month period prior to the cause of action.

Audioname shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that

  1. your use of the Website will be in strict accordance with the Audioname’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and
  2. your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Audioname, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Audioname and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Audioname, or by the posting by Audioname of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Portland, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Audioname may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Audioname terms have been repurposed from Wordpress.com's terms and conditions available under Creative Commons Sharelike license. Questions regarding Pricing Terms may be directed to: support@audioname.com.