http://www.loudio.com (the " Site ", "Loudio") hereby welcomes you (the " User ")to view and read content and materials published on the Site, under and subject to the following Conditions of Use (the “ COU ”).
PLEASE READ THESE CONDITIONS OF USE CAREFULLY.
1.Acceptance of Conditions of Use . By accessing the Site the User accepts the conditions set forth herein and agrees to be bound by the terms of this COU.
2.Privacy . Please review Loudio's Privacy Policy, which also governs the use of the Site.
3.Use of Site . Loudio grants the User a limited, revocable, and non exclusive license to access the Site and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except as otherwise expressly permitted herein (the “ License ”). The License explicitly does not include any commercial use of this Site or its contents, of any kind whatsoever, or any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Loudio. User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Loudio without express written consent. Any use of the Site, the contents on the Site, or any of the Loudio trademarks, which has not been expressly permitted herein, whether for commercial use or other use, is hereby expressly forbidden.
4.Audio License Agreement
All Audio Items on the Website are copyrighted and they are the properties of Loudio or its Audio providers. All rights are reserved unless otherwise granted to User. User's rights to use the Audio are subject to this agreement.
User has the right to listen to Audio through the site facilities.
User is not entitled to use the Audio or any portion of Audio contained in the site in any other way, including reproducing, duplicating, copying, selling, reselling, retransmitting, publicly broadcasting, or otherwise exploiting for any commercial or public purpose.
User may not capture or utilize capturing techniques to enclose any audio contained in the Site.
Loudio cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Audio stored in its system. The use of the site and the Audiois at Users own risk!
4.1.Purchase of Audio Items
User has the right to purchase copies of Audio from Loudio ("Audio Item").
You acknowledge that use of Loudio may require the use of other hardware and software products (e.g., the ability to make copies of the Audio Item on physical media and render performance of the Audio Item on authorized digital player devices), and that such hardware and software is your responsibility. Once the Audio Item is purchased and you receive it, it is your responsibility not to lose, destroy, or damage the Audio Item, and Loudio shall be without liability to you in the event of any loss, destruction, or damage.
You shall be entitled to export, burn (if applicable) or copy the Audio Item solely for personal, noncommercial use. Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio content, sound recording, underlying musical composition, or artwork embodied in any music.
The delivery of the Audio Item does not transfer to you any commercial or promotional use rights in the Audio Item.
4.1.1.Agreement To Pay
Payment for the Audio Item . You agree to pay for all Audio Item you purchase through Loudio, and that Loudio may charge your credit card account or your PayPal account for any Audio Item purchased. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Loudio WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to your credit card, or the PayPal account that you designate during the purchase process.
Right to Change Prices and Availability of the Audio Item. Prices and availability of any Audio Item are subject to change at any time, in Loudio's sole discretion.
Electronic Signatures and Contracts. Your use of Loudio includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
4.1.2.Delivery of Audio Item
On occasion, technical problems may delay or prevent delivery of the Audio Item. Your exclusive and sole remedy with respect to Audio Item that is not delivered within a reasonable period will be a replacement of such Audio Item, as determined by Loudio in its sole discretion.
4.2.Indemnification
User hereby agrees to indemnify, defend, and hold harmless Loudio and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this Site and the use or the inability of use of any Audio, User's failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
5.Copyrights . The content and materials included on the Site, and any and all other content, such as (but not limited to) text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property or under the control or right of Loudio or its content providers, and are protected by the applicable local and international copyright laws. All software used on this Site is the property of Loudio or its content providers and protected by the applicable local and international copyright laws.
6.Trademarks . Loudio graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress are the proprietary of Loudio, and may not be used with respect to or in connection with any product or service of any kind which is not Loudio's. Any and all other trademarks not owned or controlled by Loudio that appear on the Site are the property of their respective owners.
7.Disclaimer of Warranties & Limitation of Liability . THIS SITE IS PROVIDED BY Loudio ON AN "AS IS" AND "AS AVAILABLE" BASIS. Loudio MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR REFERRED TO ON OR FROM THE SITE, NOR DOES IT WARRANT THE ACCURACY, COMPLETION OR RELIABILITY OF SUCH. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Loudio DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Loudio DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Loudio ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Loudio WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
8.Visitors' Content . Visitors to the Site are welcome to provide their input to the Site and review, comment, or otherwise react to any content appearing on the Site; send electronic communications; and submit suggestions, ideas, comments, questions, or other information (“ Visitors' Content ”), provided such Visitors' Content is not and does not contain any illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise harmful to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" (“ Restricted Content ”). Loudio makes an effort to verify that content published on the Site does not include or contain any Restricted Content, but does not regularly review posted content. Loudio reserves the right to remove or edit such Restricted Content. Nevertheless, Loudio has and shall bear no responsibility and assumes no liability for any Visitors' Content or any other third party content.
9.Rights to Visitors' Content . By posting or submitting any Visitors' Content, you hereby grant Loudio a nonexclusive, royalty-free, perpetual, irrevocable, transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Such right shall include the right to use the name that you submit in connection with such content. By posting the Visitors' Content, you represent and warrant that such content is owned or otherwise controlled by you, and that the content shall not be considered Restricted Content. Loudio reserves the right but not the obligation to review, monitor and edit or remove any activity or content.
10.Complaints . Loudio encourages visitors to inform and notify Loudio of any Restricted Content posted on the Site, or in the event that any infringement of copyrights or other proprietary rights.
11.Communications and Notices . By visiting the Site or posting any Visitor Content you have elected to use electronic communication means, and allow and consent to Loudio communicating with you electronically, whether by sending you direct emails or posting general notices on the Site, and that such means of communications satisfies any legal requirements.
12.Governing Law . By visiting the Site you hereby agree to be bound by the laws of the State of Israel, without giving effect to any conflict of laws, and that any dispute with Loudio shall be subject to and resolved in accordance with such laws.
13.Disputes . Any dispute relating to the use of the Site or otherwise connected to the Site or your visit to the Site, or to this COU, shall first be attempted to be resolved in an amicable manner. Failing to reach an amicable solution may result in the dispute being brought before judicial tribunals, in which case the competent courts shall be those in the Tel-Aviv District, which shall have sole and exclusive jurisdiction. By visiting the Site you hereby agree to be subject to such jurisdiction and to resolve any disputes in the manner provided herein.
14.Additional Policies, Modification to Policies . Loudio may publish additional policies on the Site, and such policies shall also be governed, at any and all times by these COU. Loudio reserves the right, at any time and at its sole discretion, to change or modify any of its policies and these COU.
15.Severability . If any of the provisions of these COU shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
16.Contact Details . Loudio's contact details are as provided hereunder: webmaster@www.loudio.com.
