By visiting the Audiomack.com, using any content, products or services provided to you on, from, or through the Audiomack Inc. website or Platform (collectively the “Services”) you are signifying that you have read the Agreement, that you understand the Agreement, and you agree to be bound by all of the terms of the Agreement.
If you don’t completely agree with the terms of the agreement, but still use any Audiomack Service or Platform, you will still be bound to the terms of the agreement.
Audiomack may modify this Agreement at any time without any prior notice to you and said modifications may become effective immediately upon their posting to the website. Your continued use of any Audiomack Service or Platform following a modification to this Agreement indicates your acceptance of the Agreement and you agree to be bound by any such modification. If you are dissatisfied with anything related to any Audiomack.com Service or Platform your sole remedy is to discontinue use of said Service or Platform. You use any Audiomack Service or Platform at your own risk.
The Agreement applies to all users of any Audiomack Service or Platform, including users who contribute content. “content” includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may contribute to any Audiomack Service or Platform. This includes all aspects of Audiomack including but not limited to, all products, software and services offered via the Audiomack website and mobile app.
Audiomack may change, suspend or discontinue all or any aspect of any Service or Platform at any time, including the availability of any feature, database, or content, without prior notice or liability.
Audiomack may contain links to third party websites. By use of any Audiomack Service or Platform, you expressly relieve Audiomack Inc. from any and all liability arising from your use of any third-party website.
By signing up for an Audiomack account you opt-in to receiving emails from Audiomack. At times Audiomack will send account holders emails notifying them of system upgrades, issues and other messages. You will have the option to opt-out of these emails by clicking the unsubscribe link included in any of our email messages.
Acceptable Use of the Service – User Responsibility
You agree while using any Audiomack Service or Platform that you MAY NOT:
- Distribute an illegal or unauthorized copy of another person’s trademarked or copyrighted work;
- Alter or modify any part of the Services;
- Alter or modify any part of the Platform;
- Use the Services for any illegal purpose;
- Use the Platform for any illegal purpose;
- Use any spider, readers, site search application, or other device to retrieve or index any portion of the Service or Platform, with the exception of major public search engines;
- Transmit any viruses, worms, spam or malware or other items of a destructive nature;
- Upload any content that includes code hidden or otherwise contained within the content which is unrelated to the content;
- Reformat or frame any portion of any web page that is part of the Service or Platform;
- Collect or harvest any personal identifiable information or account names or solicit users;
- Impersonate another person or artist;
- Violate or attempt to violate Audiomack systems or interfere with the normal use of the Service or Platform by users;
- Post advertisements, promotions or solicitations;
- Submit any content that falsely implies sponsorship of the content by the Service or Platform, falsify or delete any author attribution in any content, or promote any information that you know is false or misleading;
- Post any links to any external Internet sites that are obscene or sexually explicit material of any kind;
- Sell or transfer or offer to sell or transfer an Audiomack account to a third party without prior written approval from Audiomack;
- Artificially increase play counts or other statistics through the use of bots, pay-for-play services or other means
To access or benefit from some of the Audiomack Service or Platform you will have to create an Audiomack account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Audiomack will not be liable for any losses you might suffer, you may be liable for the losses of Audiomack or others.
User Content and Conduct
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the content. You will comply with laws regarding transmission of data.
Content is provided to you as is. You understand that when using any Audiomack Service or Platform, you will be exposed to content from a many different sources, and that Audiomack is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Audiomack with respect to the extent permitted by USA law, agree to indemnify and hold harmless Audiomack its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service or Platform. You acknowledge your use of content is at your sole risk.
You shall be solely responsible for your own content and the consequences of storing and distributing your content on the Audiomack Service or on any Audiomack Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to distribute content through the Audiomack Service or on any Audiomack Platform; and you license to Audiomack all patent, trademark, copyright or other proprietary rights for distribution on any Audiomack Service or Platform pursuant to the Agreement.
For clarity, you retain all of your ownership rights in your content. However, by distributing content through Audiomack.com, you grant Audiomack a non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, perform uploaded content of any kind (including but not limited to audio files, cover art, and metadata) in connection with any Audiomack Service, Platform, promotional materials (including but not limited to marketing communications and app store listings) Audiomack’s (including but not limited to its successors and affiliates) business. By accepting these terms and uploading your content, you agree and understand that these materials will be made available to iOS and Android app users who select to store your material on their device for the purpose of offline play. As a reminder - you cannot upload any third party content which infringes on third party intellectual property or copyrights, and you cannot make any material available that you are not the authorized copyright holder for. You will not use Audiomack to upload or distribute any content that is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred, or is otherwise objectionable in Audiomack’s reasonable discretion.
Audiomack will respond to any and all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”), and other applicable intellectual property laws. To file a copyright infringement notification with us you will need to send a written or electronic communication to Audiomack at the email address email@example.com or via our webform which includes the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed. Please include a screenshot of the alleged copyright infringement on the Audiomack platform.
(3) Information reasonably sufficient to permit Audiomack to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
You control your data through your account and/or cookies which may be placed on your computer. Audiomack maintains multiple copies of active files. Audiomack bears no responsibility for maintaining your data.
Audiomack.com is not a data warehousing website. The intended use is for active file sharing which may inadvertently result in backups of files being shared.
Any views expressed on the website do not reflect the views of Audiomack.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AUDIOMACK, ITS OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
NEITHER AUDIOMACK NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT.
NEITHER AUDIOMACK NOR ANY THIRD PARTY WARRANT OR GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH ANY AUDIOMACK SERVICE OR PLATFORM WILL BE FREE OF VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OF THE CONTENT. AUDIOMACK IS NOT RESPONSIBLE UNAUTHORIZED OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
AUDIOMACK DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR ADVERTISING, AND AUDIOMACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NEITHER AUDIOMACK, NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AUDIOMACK’s AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF THE USE OF THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN AUDIOMACK AND YOU. IN STATES OR COUNTRIES NOT ALLOWING EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL DAMAGES, AUDIOMACK AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
You agree to indemnify, defend and hold Audiomack and its affiliates and their respective officers, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney’s fees, incurred by any Audiomack Party in connection with any content or use of any Audiomack Service or Platform, whether via your password and by any other person, whether or not authorized by you. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
General Terms and Conditions
The Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and Audiomack each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York County, New York (“Courts”) with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
Please e-mail reports of any violations to firstname.lastname@example.org