V1.0, April 15th, 2019
AudioTag is a music and audio recognition service based on a proprietary patented acoustic fingerprinting technology and offered by means of its website (hereinafter “Site”), its underlying platform, service and API (hereinafter “Service”). AudioTag provides services, tools and interfaces allowing:
Most AudioTag services, except for services provided for free, are pre-paid. You can acquire the desired amount of credit points to refill your AudioTag account balance by purchasing corresponding digital coupons via an AudioTag affiliate e-commerce provider.
AudioTag coupon purchases are non-refundable.
By using the Site, you represent and warrant that (a) all registration information you submit is accurate, truthful, and lawful; (b) you will maintain the accuracy of your registration information; (c) your use of the Site does not violate any applicable law or regulation in your country.
You acknowledge that your profile may be deleted and your membership and account may be suspended and terminated without warning if you have failed to adhere to the aforementioned.
By using the Site, you represent and warrant that you will not impose any claims to the Service administration (hereinafter “Administration”), its owners and Affiliates, with respect to the service quality and correctness of the information that the Service provides. In particular, you will not impose any claims related to the accuracy of the audio recognition results, details and information on the recognized audio materials.
You acknowledge that the Service is provided to you strictly on an ‘as is’ basis and that the Service Administration, its owners and Affiliates make no warranty or representation whatsoever as to the fitness for purpose of the Service or its functionality and performance (fingerprint calculation time, robustness and resistance to audio distortions, matching time, search time, other response times, information accuracy) for any particular purpose for which you may intend to use the Service.
AudioTag does not claim any copyrights to the audio recordings and/or their corresponding acoustic fingerprints and/or information associated with them (hereinafter “Content”) uploaded to and/or hosted at and/or transmitted via and/or shared through and/or delivered via (hereinafter “posted” on) the Service.
By posting any Content through the Service, you hereby grant to AudioTag a non-revocable, non-exclusive, transferrable, fully-paid, royalty-free, and worldwide license to distribute, reformat, modify, and publicly display the content solely on and through the AudioTag platform for the purpose of making the Content available in accordance with your instructions (such as, and not limited to, adding the Content into the AudioTag database accessible publicly or privately, or other instructions as detailed in the AudioTag user interface in the process of the Content upload) and to grant and authorize sublicenses of the foregoing.
You warrant and represent that you have the right to grant the rights herein granted with respect to the Content posted via the Service. You warrant and represent that you own or have obtained the rights for AudioTag to use, as contemplated herein, the Content, and you shall be solely responsible for the payment of any fees, royalties, or other amounts claimed to be due in connection with such use.
By sharing any Content via the Service, you hereby agree to store the Content and information associated with it in the AudioTag database. You acknowledge that this information will be stored in the AudioTag database permanently and will never be removed from it. In particular, this information will remain in the database in case of removal of the Content and termination of your account.
You are solely responsible for the Content posted by you on the Service, and you are solely responsible for any consequences of posting the Content on the Service. You acknowledge and agree that you will post the Content on the Service and/or use the Service to post the Content solely in accordance with this TOU and any other policies and guidelines explicated on the Service. You may not post Content that you do not have permission to post. You understand and agree that the Administration may, but is not obliged to, review the Content and may delete or remove, without notice, any Content in its sole discretion, for any reason or for no reason, including and without limitation, Content that in its sole judgment violates this TOU or which might be offensive or illegal or that might violate the rights, harm, or threaten the safety of users or others. In addition to these actions, the Administration may, at any time and without notice, terminate your membership or account for posting such Content.
In the event the Administration receives proper written notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and may terminate the accounts of infringers in accordance with the Digital Millennium Copyright Act (hereinafter “DMCA”). If you believe that any Content on the Site infringes upon any copyright that you own or control, you may send a written notification of such infringement to the Administration.
In accordance with the DMCA and other applicable law, we may terminate, in appropriate circumstances and at our sole discretion, membership and accounts of any AudioTag users who infringe the intellectual property rights of others.
AudioTag DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, ITS CONTENT, AND SERVICE ARE DELIVERED AND PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
You understand and agree that you use the Service at your own risk and that you will be solely responsible for any possible consequences that such use or misuse may have or result in. All responsibilities and liabilities towards users, customers, and third parties remain solely with you, all without recourse against AudioTag, its owners, and its employees. You acknowledge that AudioTag, its owners, and its employees, shall not be liable for any direct or indirect damage caused to you by using the Service.
By using the Service and the Site, you acknowledge that you have read, understood, and agreed to this TOU. If you do not agree with any aspects of this TOU, you should not use the Site.
You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its underlying platform or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any AudioTag server, or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, AudioTag systems or networks, or any systems or networks connected to the Site or to AudioTag.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to AudioTag on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else or impersonate any other individual or entity.
Certain features or services offered on or through the Site may require you to open an account (including setting up an AudioTag ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify the Administration immediately of any unauthorized use of your account or password or any other breach of security. However, you may be held liable for losses incurred by AudioTag or any other user of or visitor to the Site due to someone else using your AudioTag ID, password, or account.
You may not use anyone else’s AudioTag ID, password, or account at any time without the express permission and consent of the holder of that AudioTag ID, password, or account. AudioTag cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
AudioTag is not responsible or liable in any manner for any Content posted on the Service or in connection with it. AudioTag does not control and is not responsible for Content posted on the Service by its users. In particular, AudioTag is not responsible for any unlawful, offensive, inappropriate, or otherwise objectionable content, which may be encountered on the Site or in connection with it.
You may not re-sell and/or redistribute and/or sub-license the Services provided by AudioTag to third-parties unless under formal agreement with AudioTag Administration. Your membership and account may be suspended and terminated without warning if you have failed to adhere to the aforementioned.
AudioTag Service and/or its Site may sometimes become temporarily unavailable for maintenance or other reasons. AudioTag assumes no responsibility for any error, omission, interruption, deletion, defect, delay, or failure of operation or transmission, communication line failure, theft or destruction, or unauthorized access to or alteration of user communications. AudioTag is not responsible for any technical malfunction of services, procedures, or operations relying on AudioTag Service availability.
You acknowledge that you should not require AudioTag, its owners and employees, and/or its representatives to witness and/or represent in court and/or otherwise support and/or assist you and/or any third party in case of any juridical and/or legal proceeding and/or examination and/or investigation involving the Service as a tool for providing evidence of piracy and/or ownership and/or any other testimony based on Content recognition information obtained via the Service and its audio fingerprinting technology. You acknowledge that you should not involve AudioTag in any legal proceedings related to the use of the Service and/or its underlying fingerprinting technology as means of back-tracing, anti-piracy, identification, and/or authentication.
You agree to indemnify and hold AudioTag, its owners, employees, subsidiaries, affiliates, officers, agents, contractors, and partners harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any Content you post on the Site, your use or misuse of the Service, or your conduct in connection with the Service or with other users of the Service.
You acknowledge that you take all responsibility on holding yourself harmless against any and all action, award, claim, or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty, or proceeding (including legal and other professional fees and expenses) that you may suffer, sustain, incur, pay, or be put to arising from or in connection with use or misuse of the Service.
The aforesaid indemnification obligations, along with any representations and warranties made by you hereunder, will survive the termination of this TOU and your use of the Site.
AudioTag reserves the right to change any and/or all content, software, Service, and Site components and other items used or contained in the Service and its website at any time without prior notice.
If any provision of this TOU is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
This agreement constitutes the whole agreement between you and AudioTag and supersedes any previous arrangement, understanding, or agreement relating to the subject matter of this agreement.