AudioBank Terms of Service
Welcome to AudioBank! Thank you for using the AudioBank service and for taking the time to read this document. AudioBank, (“AudioBank”, “we”, “us” and/or “our”) provides a radio tuning service (the “AudioBank Service”) via the AudioBank.fm website as well as other websites owned or operated by AudioBank (the “Sites”). Your use of the AudioBank Service provided through or in connection with the AudioBank Sites and Apps and your viewing of content available on the AudioBank Sites and Apps is subject to these Terms of Use and AudioBank's then-published Privacy Policy. at https://AudioBank.fm/about/privacy/. By agreeing to these Terms of Use, you consent to AudioBank's collection, use and disclosure of your data, including your personally identifiable information (“PII”), with respect to your use of the AudioBank service (as described in our privacy policy). These Terms of Use govern access to and use of the AudioBank Service and any content, information, products or services contained therein, by all users and content providers. This is a legal agreement between you and AudioBank. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS, USE OR LINK YOUR CONTENT TO THE AudioBank SERVICE. IF YOU ACCESS AND USE THE AudioBank SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE, AND TO ALL REFERENCES TO “YOU” IN THESE TERMS OF SERVICE APPLY TO THE COMPANY OR LEGAL ENTITY.IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF SERVICE, YOU AGREE (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AudioBank THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE READ SECTION 13 “CONSUMER DISPUTE RESOLUTION” CAREFULLY BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE ARBITRATION OPT-OUT PROCEDURE).
1. General
Third Party Links on the AudioBank Service Websites (including online audio) displayed as search results or linked to by the AudioBank Service are owned and operated by individuals and/or companies over whom AudioBank has no control. AudioBank assumes no responsibility for the contents of any website or other resource included in search results or otherwise linked to by the AudioBank Service. For example, logos as well as links to radio stations are the property of each respective radio station. If for any reason the owner and operator of a linked website wishes the AudioBank Service link to be removed, they should contact AudioBank (contact@AudioBank.fm) and specifically request such removal.Personal Use Only The AudioBank Service is made available to you solely for your personal, non-commercial use. Using AudioBank to sell a product or service, or to increase traffic to your website for commercial purposes, such as selling advertising, is expressly prohibited. You may not take the results of an AudioBank search, reformat and display them, or mirror the AudioBank home page or results pages on your website, or send automated queries to the AudioBank search system. AudioBank without the express permission of AudioBank.
If you wish to make commercial use of the AudioBank Service, you must enter into an agreement with AudioBank to do so. Please contact contact@AudioBank.fm for more information.
2. Content
Certain types of content are made available through the AudioBank service. "AudioBank Content" as used in these Terms of Use means, collectively, the text, audio, data, graphics, images, photos and video files made available through the AudioBank Service, excluding Submissions users. "User Submissions" as used in these Terms of Use means, collectively, text, audio, data, graphics, images, photos and other content and information that members of AudioBank post , upload and otherwise submit to the AudioBank Service, including, without limitation, in profile pages created by members. . User Submissions also include the sound recordings, musical works, audiovisual content or other content incorporated therein of any online radio station to which the station is linked via the AudioBank Service. AudioBank RESERVES THE RIGHT TO DELETE AND PERMANENTLY DELETE ANY AudioBank CONTENT OR USER SUBMISSIONS TO THE AudioBank SERVICE WITHOUT NOTICE OR LIABILITY TO YOU.3. Ownership, Liability and Removal of Content.
AudioBank does not claim any ownership rights in the User Submissions and nothing in these Terms of Use will be deemed to limit any rights you may have to use and exploit your User Submissions. Subject to the foregoing, AudioBank and its licensors exclusively own all right, title and interest in and to the AudioBank Service and the AudioBank Content, including all associated intellectual property rights. You acknowledge that the AudioBank Service and AudioBank Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Please also note that product names, logos, brands and other trademarks included in User Submissions and featured or referred to on the AudioBank Sites and the AudioBank Service are the property of their respective owners. These trademark owners are not affiliated with AudioBank or the AudioBank Service. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AudioBank Service or AudioBank Content.Rights in User Submissions Granted by You. By making any User Submissions available through the AudioBank Service you hereby grant to AudioBank a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Submissions in connection with operating and providing the AudioBank Service and AudioBank Content to you and to other account holders. If you are a radio entity whose station is linked through the AudioBank Service, in addition to the foregoing license, you hereby grant AudioBank the right to include your User Submissions in the AudioBank search directory of radio. License to Your Marks. If you are a radio entity whose station is linked through the AudioBank Service, you hereby grant to AudioBank and its licensees a non-exclusive, transferable, worldwide, royalty-free and sublicensable license to use, copy, modify, resize, distribute, publicly display and publicly perform your logos and trademarks and/or service marks (collectively, the “Marks”) that you make available to AudioBank via the AudioBank Service to advertise, market and promote your radio and the availability of your station on or through the AudioBank Service or the Sites in any and all media now known or hereafter devised. Subject to the foregoing license, you otherwise retain all right, title and interest in and to your Marks, and in all intellectual property rights embodied therein. Responsibility for User Submissions. You are solely responsible for all your User Submissions. You represent and warrant that you own all your User Submissions or you have all rights that are necessary to grant us the license rights in your User Submissions under these Terms of Service. You also represent and warrant that neither your User Submissions, nor your use and provision of your User Submissions to be made available through the AudioBank Service, nor any use of your User Submissions by AudioBank on or through the AudioBank Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Removal of User Submissions. You can remove your User Submissions by specifically deleting them. However, in certain instances, some of your User Submissions (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the AudioBank Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submissions. Rights in Content Granted by AudioBank. Subject to your compliance with these Terms of Service, AudioBank grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display and print the AudioBank Content solely in connection with your permitted use of the AudioBank Service and solely for your personal and non-commercial purposes.
4. Rights and Terms for AudioBank Apps.
Rights to AudioBank applications granted by AudioBank. Subject to your compliance with these Terms of Use, AudioBank grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install one copy of the AudioBank Applications on a mobile device or computer that you own. or control and run this copy of the AudioBank Applications solely for your own personal, non-commercial purposes. You may not copy the AudioBank Applications except to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms of Use, you may not: (i) copy, modify or create derivative works based on the AudioBank Applications; (ii) distribute, transfer, sublicense, rent, loan or lease the AudioBank Applications to any third party; (iii) reverse engineer, decompile or disassemble the AudioBank Applications; or (iv) make features of the AudioBank Applications available to multiple users through any means. AudioBank reserves all rights in the AudioBank Applications not expressly granted to you under these Terms of Use. Access to AudioBank applications from the App Store. The following terms apply to all AudioBank applications accessed through or downloaded from any application store or distribution platform (such as the AudioBank App Store). Apple or Google Play) on which the AudioBank applications may now or in the future be made available (each, an “App Provider”). You acknowledge and agree that: These Terms of Use are between you and AudioBank, and not with the Application Provider, and AudioBank (and not the Application Provider) is solely responsible for the AudioBank Applications. The Application Provider has no obligation to furnish any maintenance and support services with respect to the AudioBank Applications. In the event of any failure of the AudioBank Applications to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider will refund the purchase price of the AudioBank Applications (if any) to you. ) and, to the maximum extent permitted. Pursuant to applicable law, the Application Provider will have no other warranty obligation with respect to the AudioBank Applications. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AudioBank.The Application Provider is not responsible for addressing your or any third party claims relating to the AudioBank Applications or your possession and use of the AudioBank Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the AudioBank Applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of a third party claim that the AudioBank Applications or your possession and use of such AudioBank Applications infringes that third party's intellectual property rights, AudioBank will be solely responsible for investigating, the defense, settlement and discharge of any intellectual property infringement claims. to the extent required by these Terms of Service. The Application Provider and its affiliates are third party beneficiaries of these Terms of Use with respect to your license to use the AudioBank Applications, and that upon your acceptance of the Terms of Use; use, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use relating to your license of the AudioBank Applications against you as a third party beneficiary thereof. this. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with all applicable third-party terms of service when using the AudioBank Applications.are third-party beneficiaries of these Terms of Service with respect to your license to use the AudioBank Applications, and that, upon your acceptance of the Terms of Service, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use relating to your license of the AudioBank applications against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with all applicable third-party terms of service when using the AudioBank Applications.are third-party beneficiaries of these Terms of Service with respect to your license to use the AudioBank Applications, and that, upon your acceptance of the Terms of Service, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use relating to your license of the AudioBank applications against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with all applicable third-party terms of service when using the AudioBank Applications.5. Comments
We welcome feedback, comments and suggestions for improvement of the AudioBank Service (“Feedback”). You can submit your comments by emailing AudioBank at contact@AudioBank.fm. You grant to AudioBank a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under all intellectual property rights you own or control to use , copy, modify. , create derivative works based on the Comments and otherwise exploit them for any purpose.6. Paid Features
Some features of the AudioBank service, such as removing in-app advertisements, may require you to pay fees to use them. If you choose to purchase these features, you expressly authorize us, or our payment processor, to charge the payment method you provide for the applicable fees. Unless expressly stated below, all fees are non-refundable. All applicable fees and taxes, if any, are payable in U.S. dollars.When you purchase additional features that we may offer, a one-time fee will be charged for that purchase. Once you have purchased these features and used some or all of them, or canceled your account before using all of them, you will not be entitled to any refund. We reserve the right to terminate or suspend your use of the paid features of the AudioBank Service at any time and for any reason, without liability, in accordance with the terms of Section 8 of these Terms of Use. If we terminate or suspend your account with or without cause pursuant to the terms of Section 8 of these Terms of Service, you will not be entitled to a refund for any fees you paid to us for such features , unless otherwise indicated in the conditions of sale.
7. Your obligations when using the AudioBank service.
The AudioBank service may be used and accessed only for lawful, non-commercial purposes. You agree to comply with all applicable local, state, national and foreign laws, treaties and regulations, including laws governing privacy, security and cross-border transfers of personal data (including, but not limited to , compliance with the General Data Protection (EU 2016/679) (the “GDPR”) applicable to your business and operations and in relation to your use of the AudioBank service. If necessary, you will be responsible for the collection of verifiable consent (as defined in the GDPR) relating to any PII collected, used, retained and shared with AudioBank, and otherwise has all rights required to provide such data to AudioBank, and to ensure that such data has been correctly obtained.Additionally, without limitation, you agree not to do any of the following when using or accessing the AudioBank Sites or Apps:
Circumvent, disable or otherwise interfere with security related features of the AudioBank Service or features that prevent or restrict use or copying of any AudioBank Content; Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); Use any meta tags or other hidden text or metadata utilizing a AudioBank name, trademark, URL or product name; Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation; Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the AudioBank Service to send altered, deceptive or false source-identifying information; Upload, post, email, or otherwise transmit, via the AudioBank Service, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of AudioBank; Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the AudioBank Service, servers or networks connected to the AudioBank Service or the technical delivery systems of AudioBank's providers or disobey any requirements, procedures, policies or regulations of networks connected to the AudioBank Service; Attempt to probe, scan or test the vulnerability of any AudioBank system or network or breach or impair or circumvent any security or authentication measures protecting the AudioBank Service; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the AudioBank Services; Attempt to access, search or meta-search the AudioBank Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by AudioBank or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks. Collect or store personal data about other AudioBank Users without their express permission; Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; Use the AudioBank Service in any manner not permitted by this Agreement; or Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
8. Termination; Cancelation.
We may immediately terminate or suspend your access to the AudioBank Service and remove any materials (including User Submissions) from the AudioBank Service or our servers, in the event that you violate these Terms of Use. Notwithstanding the foregoing, we also reserve the right to terminate the AudioBank Service or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that we will have no further obligation to provide the AudioBank Service. Upon termination, all licenses and other rights granted to you under these Terms of Use will immediately cease. AudioBank is not liable to you or any third party for termination of the AudioBank Service or for termination of your use of the AudioBank Service. UPON TERMINATION OR SUSPENSION, YOU MAY NO LONGER ACCESS ANY INFORMATION (INCLUDING USER SUBMISSIONS) ON THE AudioBank SERVICE OR THOSE LINKED TO YOUR ACCOUNT. Additionally, AudioBank will have no obligation to maintain any information stored in our database related to your account or to transmit any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to AudioBank under these Terms of Service (including, but not limited to, ownership, indemnification and limitation of liability) , which by their meaning and context are intended to survive any such suspension, termination or cancellation.9. Modification of the AudioBank Service or Terms of Service.
AudioBank reserves the right, in its sole discretion, at any time to modify, interrupt or terminate the AudioBank Service, or to modify these Terms of Use without notice. If the amended terms and conditions in the revised Terms of Service are not acceptable to you, your sole remedy is to discontinue using the AudioBank Service. By continuing to access or use the AudioBank Service after AudioBank has made any such modification, you agree to be bound by the revised Terms of Use.10. Disclaimer of Warranties.
AudioBank assumes no responsibility for the accuracy, content, completeness, legality, reliability, operability or availability of any information or materials posted on the AudioBank Service. AudioBank assumes no responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or materials. AudioBank disclaims any liability for any harm resulting from downloading or accessing any information or materials on the Internet through the AudioBank service.THE AudioBank SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. AudioBank EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AudioBank DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE AudioBank SERVICE. AudioBank DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE AudioBank SERVICE. AudioBank DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AudioBank SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY AudioBank, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE AudioBank SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE AudioBank SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL AudioBank BE LIABLE TO ANY USER BY REASON OF THE USE OR MISUSE OF OR RELIANCE ON THE AudioBank SERVICE ARISING OUT OF ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREIN OR SUCH LIMITATION LIABILITY SHALL APPLY TO AVOID RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF AudioBank HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE AudioBank SERVICE, RELIANCE ON THE AudioBank SERVICE, INABILITY TO USE THE AudioBank SERVICE, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE AudioBank SERVICE (INCLUDING DAMAGES SUFFERED BY THIRD PARTIES) OF EVENINGS). THIS LIMITATION ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR POSTED ON THE AudioBank SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE AudioBank SERVICE, AS WELL AS BY REASON OF OF ANY INFORMATION OR ADVICE RECEIVED OR PUBLISHED. ON THE AudioBank SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE AudioBank SERVICE. THIS LIMITATION ALSO APPLIES, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOSS OF DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE AudioBank SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS RELATED OR ASSOCIATED IN ANY WAY WITH, AudioBank. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.IN NO EVENT SHALL AudioBank'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICE OR THE AudioBank CONTENT EXCEED THE AMOUNTS OBTAINED BY YOU PAID TO AudioBank FOR USE OF THE AudioBank SERVICE OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NO PAYMENT OBLIGATION TO AudioBank, IF ANY.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, AudioBank shall in no event be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including including, but not limited to, Internet outages, computer equipment outages, telecommunications equipment outages, other equipment outages, electrical power outages, strikes , labor disputes, riots, insurrections, civil unrest, labor or material shortages, fires, floods, storms, explosions, natural disasters, wars, government actions, national orders. or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light or air conditioning.
12. Applicable Law and Choice of Forum.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, the Federal Arbitration Act and the laws of the State of California, without regard to its provisions regarding conflicts of laws. Except as expressly provided otherwise in Section 13 “Consumer Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and AudioBank are not required to arbitrate will be the courts of #39;State and federal courts located in the Northern District of California, and you and AudioBank each waive any objection to jurisdiction and venue in such courts.13.Dispute resolution for consumers.
The following terms in Section 13 “Consumer Dispute Resolution” only apply if you are an individual using the AudioBank Service and AudioBank Content for your personal use and do not represent a legal entity.Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the AudioBank Service or AudioBank Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you andwe each waive any right to a jury trial. Exceptions and Opt-out. As limited exceptions to Section 13(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at contact@AudioBank.fm. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to). Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 9 “Modification of the AudioBank Service or Terms of Service” above, if AudioBank changes any of the terms of this Section 13 “Dispute Resolution for Consumers” after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to contact@AudioBank.fm) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of AudioBank’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and AudioBank in accordance with the terms of this Section 13 “Dispute Resolution for Consumers” as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
14.DMCA/Copyright Policy.
AudioBank respects copyright law and expects its users to do the same. It is AudioBank's policy to terminate, in appropriate circumstances, account holders who repeatedly infringe or are suspected of repeatedly infringing the rights of copyright owners. Please see AudioBank's copyright policy at https://AudioBank.fm/about/copyright/, for more information.15. Miscellaneous provisions.
The English version of these Terms of Use is the version that governs your use of the AudioBank Service and in the event of a conflict between the English version and a translated version, the English version will control.These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any prior or contemporaneous agreements or understandings, written or oral, regarding this object. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by AudioBank.