Terms of Use

Last updated September 8, 2010

AUDIOPRESS

Terms of Use

Welcome, and thank you for your interest in MyAnchor, Inc. (“AudioPress”, “us”, or “we”). AudioPress owns and operates a web site located at www.AudioPress.net (the “Site”) and also provides software applications for “smartphones” and other mobile device platforms, including “AudioPress” (the “Apps”) (the Sites and Apps, together with any other products and services provided by AudioPress, are collectively referred to as the “AudioPress Service”).

  1. Acceptance of the Terms. Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time through the AudioPress Service, including without limitation the additional policies identified in Section 2 (Additional Policies) below (collectively, the “Terms”), as these Terms create a binding legal contract between you and AudioPress. By accessing the Site, downloading the Apps, or availing yourself of the AudioPress Service in any manner, you (“You” or “User”) agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms, you must immediately terminate your use of the AudioPress Service.

  1. Additional Policies. The following additional policies are incorporated herein by reference. Please read them carefully. Capitalized terms used, but not defined in a particular policy may be defined elsewhere in the Terms.

    1. Privacy Policy. Your privacy is important to us. Our Privacy Policy, which describes how we collect, use, and disclose information from you, is available here: http://www.audiopress.net/privacy.

    1. App Usage Policy. Use of the Apps and any downloadable software made available to you by AudioPress is subject to our App Usage Policy, which is available here: http://www.audiopress.net/appuse.

    1. Intellectual Property Policy. AudioPress respects the intellectual property rights of others, and strictly prohibits infringing activity on the AudioPress Service. Our Intellectual Property Policy, which describes the steps AudioPress takes to address claims of such activity, is available here: http://www.audiopress.net/ip

    1. Idea Submissions Policy. Your feedback is important to us. Our Idea Submissions Policy, which describes the terms on which your submissions are accepted, is available here: http://www.audiopress.net/ideas.

  1. Accessing the AudioPress Service.

    1. Eligibility. You must be an individual of at least 13 years old to use the AudioPress Service, and have not previously been removed or suspended from the AudioPress Service for any reason. By using the AudioPress Service, you represent that you (i) are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, (ii) have not previously been removed or suspended from the AudioPress Service. Further, by using the AudioPress Service, you agree to abide by and comply fully with these Terms and any age restrictions on any Third Party Content (as defined below) that you may access through the AudioPress Service, and you agree and acknowledge that you are accepting the benefit of the AudioPress Service, subject to these Terms.

    1. Access. AudioPress grants you permission to access and use the AudioPress Service as set forth in these Terms, provided that: (i) you use the AudioPress Service solely for your personal, private, noncommercial purposes; (ii) you do not store, capture, reproduce, modify, publicly display, publicly perform, or distribute any part of the AudioPress Service, including any materials obtained from, through, or in connection with the AudioPress Service; and (iii) you do not engage in any of the prohibited uses described below.


  1. Account Information & Responsibilities Of Registered Users.

    1. Account Information. In order to use the AudioPress Service beyond the trial period, or to access certain features or content on the AudioPress Service, you will have to create an account. You hereby represent and warrant that the information you provide to AudioPress upon registration and, at all other times, will be true, accurate, current, and complete, and that you will ensure that such information is kept accurate and up-to-date at all times. We may also, at your direction, receive information from third party services that provide a mechanism to expose information you have provided to such third party through the use of an application program interface (API), such as Facebook Connect. The information that we receive from such third party services through an API is governed by your agreement with those third parties. To enable you to use the features provided by the AudioPress Service during the trial period, we may also create a temporary account for you based on the Unique Device Identifier (“UDID”), Blackberry PIN (“PIN”) or other device information that uniquely identifies individual smartphones or mobile devices (collectively, “Device ID”) associated with the device that you use to access the AudioPress Service.

    1. Access, Preservation and Disclosure of Information. You acknowledge, consent and agree that AudioPress may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary or in the interest of AudioPress or a third party to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; or (e) investigate or protect the rights, business interests, property or personal safety of AudioPress, its Users and the public. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy, http://www.audiopress.net/privacy.

  1. Password. As a registered user, you will have login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password, and any device that you use to access the AudioPress Service. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify AudioPress by e-mail to info@AudioPress.net. You are solely responsible for your own losses or losses incurred by AudioPress and others (including other users) due to any unauthorized use of your account that occur prior to notifying AudioPress that your account was compromised.

  1. Intellectual Property Rights Notice. The AudioPress Service is owned and operated by AudioPress. The content, visual interfaces, features, information, graphics, design, compilation, computer code, software, products, and all other elements of the AudioPress Service provided by AudioPress (“AudioPress Content”) are the valuable proprietary and intellectual property of AudioPress or its licensors. Certain content linked to by the AudioPress Service may be owned by third parties, as described in more detail in Section 7, below. AudioPress Content is protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such AudioPress Content. Any attempt to download, print, publish or maintain the AudioPress Content from the AudioPress Service in violation of these Terms or any applicable license, to distribute copies of such content, information or software, including any Apps, or to otherwise exploit the AudioPress Content in violation of the intellectual property or proprietary rights of others is strictly prohibited. Apps and software made available for download is subject to these Terms, and may be further subject to the provisions of any End User License Agreement specific to such download.

  1. Third Party Content and Links. The AudioPress Service provides references or links to a variety of third-party audio and other related content (“Third Party Content”) and web sites not controlled by AudioPress or its suppliers or licensors. AudioPress provides such references and links as a convenience to you and should not be considered endorsements of such sites or any Third Party Content, products or information offered on such sites. When you use or access Third Party Content and services, you may be subject to additional third party terms and policies. You should carefully review any applicable terms and policies, including any relevant privacy policies, associated with any Third Party Content or third party web sites, software, or services that you may utilize. AudioPress does not guarantee that any Third Party Content will be compatible with your system or device, function without payment of an additional fee or obtainment of additional licenses or permissions, or be satisfactory for your use in any way. You acknowledge and agree that AudioPress is not responsible for any aspect of the information or content contained in any Third Party Content or on any third party sites accessible or linked from the AudioPress Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the AudioPress Service are solely between you and such advertiser. YOU AGREE THAT YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND AUDIOPRESS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH USE OR DEALINGS, OR AS THE RESULT OF THE PRESENCE OF ADVERTISERS ON THE AUDIOPRESS SERVICE.

  1. User Content and the AudioPress Service. The AudioPress Service may currently or in the future may provide features for you and other users to submit, post, and share content such as text, profile information, avatars, images, favorites lists, messages, commentary or any other content (“User Content”).

  1. License Grant by You to AudioPress. By providing User Content to AudioPress you hereby grant AudioPress and its affiliates, sublicensees, partners, designees, and assignees of the AudioPress Service (collectively, the “AudioPress Licensees”) a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide license to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof in connection with the AudioPress Service and AudioPress’ (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the AudioPress Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. Except for the limited rights set forth in this Intellectual Property Policy, you retain all right, title, and interest to your User Content.

  1. Additional License Grants. You grant the AudioPress Licensees the right to use your name and/or likeness and/or any name and/or likeness that you may submit in connection with your User Content if AudioPress should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

  1. User Content Representations and Warranties. You are solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize AudioPress to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable the use of User Content in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) your User Content, AudioPress’ or any AudioPress Licensee’s use of such User Content pursuant to these Terms, and AudioPress’ or any AudioPress Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms.

  1. User Content Prohibited Uses. In connection with your User Content, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage AudioPress or any third party; (ii) use any copyrighted content owned or controlled by a third party without obtaining the necessary permissions, licenses and authorizations for the use of such third-party content; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) post User Content that would be harmful to minors in any manner; or (vii) reproduce, distribute, publicly display, publicly perform, adapt, or otherwise publish or cause to be published any User Content except as permitted by these Terms and the features of the AudioPress Service.

  1. Access and Responsibility. AudioPress cannot guarantee any anonymity or confidentiality with respect to any User Content, and recommends that you think carefully about what you submit to the AudioPress Service. You understand that all User Content is the sole responsibility of the person who generated such User Content. This means that you, and not AudioPress, are entirely responsible for User Content that you make available through the AudioPress Service.

  1. No Obligation to Publish. AudioPress makes no representations that it will publish or make available any User Content on the AudioPress Service, and reserves the right, in its sole discretion, to reject or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, AudioPress complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act”, below).

  1. Content Disclaimer. YOU UNDERSTAND THAT WHEN USING THE AUDIOPRESS SERVICE, YOU WILL BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES, AND THAT AUDIOPRESS IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER 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 AUDIOPRESS WITH RESPECT THERETO. AUDIOPRESS DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL AUDIOPRESS BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER CONTENT.

  1. Monitoring User Content; Removal of Content. AudioPress does not control User Content and does not have any obligation to monitor such User Content for any purpose. AudioPress may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Content, but by doing so AudioPress nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, or to monitor, review, or otherwise access other User Content, and AudioPress assumes no responsibility for the conduct of the User submitting any User Content. You acknowledge that AudioPress may or may not pre-screen User Content, but that AudioPress and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the AudioPress Service. Without limiting the foregoing, AudioPress and its designees may, at any time and without prior notice, remove any User Content that in the sole judgment of AudioPress violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Content. You should exercise good judgment before downloading any User Content from other Users.

  1. Prohibited Use Of The AudioPress Service. You agree not to use the AudioPress Service for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, whether through the Sites, the Apps, your User Content (as defined in our Intellectual Property Policy, http://www.audiopress.net/ip, or otherwise, do or attempt to:

    1. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site, Apps, AudioPress Content, User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the AudioPress Service other than as intended;

    1. Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the AudioPress Service, use of the AudioPress Service, access to the AudioPress Service, or content obtained through the AudioPress Service (including without limitation AudioPress Content, User Content, and Third Party Content (as defined below)), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;

    1. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the AudioPress Service, features that prevent or restrict the use or copying of any part of the AudioPress Service, or features that enforce limitations on the use of the AudioPress Service or any content therein;

    1. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the AudioPress Service;

    1. Use any robot, spider, scraper, or other automated means of any kind to access or scrape the AudioPress Service, except by bona-fide search engines periodically indexing the AudioPress Service as part of a process of indexing sites and services available on the internet generally, and in such a case solely in accordance with our Robots.txt file and any other posted guidelines;

    1. Frame or otherwise enclose any AudioPress trademark or any portion of the AudioPress Service in any other site or service for any purpose without our express written permission;

    1. Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

    1. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;

    1. Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback or rating system employed through the AudioPress Service;

    1. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;

    1. Interfere with or disrupt the AudioPress Service, networks or servers connected to the AudioPress Service, or violate the regulations, policies or procedures of such networks or servers;

    1. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content, whether by posting such material on the AudioPress Service or otherwise;

    1. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or

    1. Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations, or the rights of any third party.

  1. Fees. Certain functions on the AudioPress Service may now or in the future have fees associated with them, including, without limitation, additional fees for access to premium content or services.

    1. Accrual of Fees. Fees for AudioPress Services accrue at the time you access a service or piece of content that has a fee associated with it. In the case of subscription or other similar periodic fees, the fee accrues on the first day of the applicable period.

    1. Timing of Charges. You agree that we may charge your selected payment method for any fees incurred. AudioPress may aggregate payments you owe, and charge your payment instrument periodically for any fees incurred during the preceding period (such periods not to exceed five (5) days). Termination of your account does not

    1. Modification of Fees. AudioPress may initiate, modify, or eliminate any applicable fees on a going forward basis at any time in our sole discretion. AudioPress may choose to temporarily change or waive the fees for AudioPress's services, such as for promotional events or new services, without liability to users who have already paid higher fees for the same services, and such changes are effective immediately upon posting through the AudioPress Service.

  1. Modification of the Terms. AudioPress reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the AudioPress Service. These Terms will identify the date of last update. Your use of any AudioPress Service following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to the Terms, AudioPress will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window, a notification message through the Apps, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of (i) your first use of the AudioPress Service with actual notice of such change, or (ii) 30 days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently, to stay informed of the latest modifications.

  1. User Disagreements. Your use of the AudioPress Service may bring you into contact with other users, and their User Content, such as through sharing of favorites lists and other user communication features of the AudioPress Service. You are solely responsible for your involvement with other users. If you have a dispute with one or more users, you release AudioPress (and AudioPress's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

  1. Termination.

    1. By AudioPress. AudioPress, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) you may have on the AudioPress Service, disable your access to the AudioPress Service (or any part thereof), discontinue the AudioPress Service and any related services including support (or any part thereof), or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that AudioPress shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, AudioPress may terminate access to the AudioPress Service in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies AudioPress may have at law or in equity.

    1. By You. If you are dissatisfied with the AudioPress Service, then please let us know by e-mailing us at info@AudioPress.net. Your only remedy with respect to any dissatisfaction with (i) the AudioPress Service, (ii) any of these Terms, (iii) any policy or practice of AudioPress in operating the AudioPress Service, or (iv) any content or information transmitted or made available through the AudioPress Service, is to terminate your use of the AudioPress Service. You may terminate your use by closing your account and discontinuing your use of any and all parts of the AudioPress Service, or by providing AudioPress with notice of termination at info@AudioPress.net.

    1. Survival. Upon termination of these Terms, any provision or policy which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Section 4B (Access, Preservation and Disclosure of Information), Section 5 (Password), Section 6 (Intellectual Property Rights Notice), Section 7 (Third Party Content and Links), Section 9 (License Grant by You to AudioPress), Section 10 (Additional License Grants), Section 11 (User Content Representations and Warranties), Section 13 (Access and Responsibility), Section 15 (Content Disclaimer), Section 16 (Monitoring User Content; Removal of Content); Section 20 (User Disagreements), Section 22 (Confidential Information), Section 23 (Indemnity), Section 24 (Disclaimers), Section 25 (Limitation of Liability), Section 26 (Limitations; Basis of the Bargain), Section 27 (Dispute Resolution), Section 29 (Miscellaneous), the Privacy Policy, and Intellectual Property Policy.

  1. Confidential Information. If you access or download certain Apps, content, information or software through the AudioPress Service, it may contain confidential information of AudioPress. You agree to keep AudioPress’s information confidential by exercising the necessary care required to prevent its disclosure. You may not disclose, divulge, distribute, publish, transmit or transfer AudioPress’s confidential information to any third party or use AudioPress’s information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to AudioPress’s confidential information, whether or not deemed trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no action by you.

  1. Indemnity. You agree to indemnify and hold harmless AudioPress and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other AudioPress users who use any User Content You upload to the Sites or other users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the AudioPress Service (including your use or misuse of Third Party Content); (ii) your User Content; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third party intellectual property rights. AudioPress reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter without the prior written consent from AudioPress. AudioPress will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Disclaimers. THE AUDIOPRESS SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPS, AUDIOPRESS CONTENT, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY AUDIOPRESS), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE AUDIOPRESS SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AUDIOPRESS AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AUDIOPRESS AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE AUDIOPRESS SERVICE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY APPS AND USER CONTENT, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE AUDIOPRESS SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, MOBILE PHONE, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE AUDIOPRESS SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT USE OF THE APPS, INCLUDING OVERUSE, IMPROPER USE, USE WHILE DRIVING OR OPERATING OTHER MACHINERY OR ENGAGING IN OTHER ACTIVITIES, OR FAILURE TO BE AWARE OF YOUR SURROUNDINGS WHILE USING THE APPS, COULD RESULT IN HARM OR INJURY TO YOURSELF OR OTHERS AND DAMAGE TO YOUR DEVICE, OR TO OTHER PROPERTY, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH HARM, INJURY, OR DAMAGE.

  1. Limitation of Liability. IN NO EVENT WILL AUDIOPRESS OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE AUDIOPRESS SERVICE OR ITS CONTENT, INCLUDING USER OR THIRD PARTY CONTENT, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF AUDIOPRESS OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AUDIOPRESS OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY WHICH EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID AUDIOPRESS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

  1. Limitations; Basis of the Bargain. APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AUDIOPRESS, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AUDIOPRESS, AUDIOPRESS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT AUDIOPRESS WOULD NOT BE ABLE TO OFFER THE AUDIOPRESS SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

  1. Dispute Resolution. We are committed to providing you a means of resolving disputes that arise between you and AudioPress quickly and cost effectively. Accordingly, you and AudioPress agree that we will resolve any claim or dispute that arises out of this Agreement or in connection with your use of the AudioPress Service (a "Claim") in accordance with one of the subsections below. As in many circumstances we are able to resolve disputes with users amicably, we strongly encourage you to first contact us directly to seek a resolution before escalating to one of the options below. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    1. Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against AudioPress must be resolved exclusively by a state or federal court located in the Northern District of California, except as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Northern District of California for the purpose of litigating all Claims that arise between you and AudioPress.

    1. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    1. Improperly Filed Claims. All claims you bring against AudioPress must be resolved in accordance with this Section. All claims filed or brought contrary to the procedures set forth in this Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, AudioPress may recover attorneys' fees and costs up to $1000, provided that AudioPress has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

  1. Notices. AudioPress may provide you with notices by electronic mail or postings on the AudioPress Service. You may provide AudioPress with notices by United States Registered Mail sent to AudioPress, Inc., 153 Townsend St, Suite 9089, San Francisco, CA 94107. If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless AudioPress is notified that the electronic mail address is invalid. If notice is provided by posting through the AudioPress Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the AudioPress Service. In such case, notice will be deemed given three days after the date of mailing.

  1. Miscellaneous. This is the entire agreement between you and AudioPress relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and AudioPress with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the Section 18 (“Modification of the Terms”), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of AudioPress to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AudioPress as a result of these Terms or use of the AudioPress Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and AudioPress other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AudioPress without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.

The services hereunder are offered by:

    AudioPress, Inc.

    153 Townsend St, Suite 9089

    San Francisco, California 94107

If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.