SoundGecko Terms of Service

Last updated: 6 December 2012

INTRODUCTION

This Terms of Use Agreement (this "Agreement") is a legal agreement between you and 121cast Pty Ltd, and its subsidiaries ("121cast", “SoundGecko”, "we", "us" or "our") providing, among other things, the terms and conditions for your use of 121cast’s Services and applications (collectively, the "Services", or “Service”), including but not limited to delivery via our Web site, a mobile device, or otherwise.

You may only use our Service and/or open an account if your acceptance of these Terms of Service is not prohibited by applicable law. No part of the Service is directed at persons under the age of 13. If you are under the age of 13, please do not use our Service. By agreeing to these Terms, you represent that you are at least 18 years old. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms of Service.

TERMS OF USE

You must agree to these terms in their entirety, without additions, changes, or deletions in order to use our Services. You can accept these terms by either clicking the appropriate box to accept or agree to the terms where the option is available, or by actually using the Services. Please read the terms carefully.

You may be required to agree to additional terms to use some of our Services. Those additional terms will be available with the relevant Services, and if you use those Services those additional terms will become part of your agreement with us.

USING OUR SERVICES

Our Services are provided for personal, non-commercial use only.

You agree not to misuse our Services, for example by accessing or attempting to access the Services by means other than the interface and instructions we provide. You also agree to only use our Services for purposes that are permitted both by these terms and by any applicable law. If you do not comply with our terms or policies, we may terminate our agreement with you, resulting in us suspending or stopping our provision of Services to you.

You are solely responsible for maintaining the confidentiality of your password, and for any activity that occurs on your account. You agree that you will not allow others to use any aspect of your account information.

LICENSE GRANT

SoundGecko gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by SoundGecko as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SoundGecko, in the manner permitted by these terms. You may not copy, modify, distribute, sell, lease, rent, or sublicense any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission or laws prohibit those restrictions. You may not distribute, sell, lease, rent or sublicense any part of an audio file provided by our Service, unless you have our written permission or laws prohibit those restrictions.

The use of our Services does not grant you any right to, license to, or ownership of any intellectual property rights in either our Services, or in any content you access. You may not use or access content from or through our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services, whether for commercial or non-commercial use. You agree not to remove, obscure, or alter any legal notices displayed in or along with our Services.

This license is revocable at any time without notice and with or without cause.

USER CONTENT

Where our Services allow you to submit content, you retain ownership of any rights, including intellectual property rights, which you hold in that content. You also remain responsible for protecting those rights.

When you upload or otherwise submit content to our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you cease using our Services and/or terminate your account.

Where our Services display or provide access to content that is not provided by us, that content remains the sole responsibility of the party or entity that makes it available. We reserve the right to review content, in order to determine whether it violates our policies and/or applicable law, and to remove or refuse to display content we reasonably believe to violate our policies or the law, with or without notice.

We do not assume any responsibility to monitor, review, or edit user or third party content.

We do not make any representations as to the accuracy, completeness, reliability or timeliness of any content, nor any representations as to the nature or quality of third party products or Services obtained through the use of our Services. You use our Service at your own risk.

ACCEPTABLE USE POLICY

You agree not to use our Web site or Services to post, upload, email, transmit, display, or make available:

  1. Any content that violates any third party proprietary or intellectual property right, including but not limited to patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity;
  2. Any content that is unlawful, false, fraudulent, intentionally misleading, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, constitutes or encourages conduct that would constitute a criminal offense, or is otherwise objectionable;
  3. Any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. Any content that is harmful to minors in any way;
  5. Any content that contains, discloses, or intends to solicit personal data of a third party;
  6. Any content or material that contains any virus, Trojan horse, worm, time bomb, or any other computer code, files, or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information.

You agree not to engage in any activity using our Services which:

  1. Is illegal in any way;
  2. Comprises unsolicited or unauthorized advertising, such as spam, junk mail, chain letters, etc.;
  3. Attempts to hack the Service, or defeat or overcome encryption measures or security technology used by the Service, including attempts to gain unauthorized access to the Service;
  4. Uses data mining, robots, web scraping, data scraping, or other data gathering devices or activities for the purpose of obtaining content, data, or other information from the Service for a use not expressly permitted by these Terms of Use;
  5. Attempts to disrupt, interfere with, gain unauthorized access to, reverse engineer, overload, or otherwise harm the Service;
  6. Infringes, or facilitates the infringement of any proprietary or intellectual property right or rights;

PRIVACY

For information about how we treat your personal information, and protect your privacy when you use our Services, please consult our Privacy Policy.

SOFTWARE UPDATES

When a Service requires or includes downloadable software, this software may automatically download and install updates designed to improve, enhance and further develop the Services, and may take the form of enhanced functions, bug fixes, new software modules and completely new versions.

MODIFYING AND TERMINATING SERVICES

As we are constantly improving and changing our Services, we may from time to time add or remove features or functionalities. We may also suspend or stop a Service altogether. You understand and agree that we do not have any obligation to maintain, support, upgrade, or update our Services, or to provide all or any specific content through our Services.

OUR WARRANTIES AND DISCLAIMERS

Our Services are provided using a commercially reasonable level of skill and care.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER WE NOR OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

LIABILITY FOR OUR SERVICES

WHEN PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WE, AND OUR SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

ADVERTISEMENTS

Some of our Services are supported by advertising revenue. As such, they may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

How we advertise on the Services is subject to change without specific notice to you.

In consideration for us granting you access to and use of the Services, you agree that we may place such advertising on the Services.

ABOUT THESE TERMS

We may make changes to these terms from time to time to, for example, reflect changes to the law or changes to our Services. You understand and agree that should you use our Services after the date on which the terms have changed, we will treat your use of our Services as acceptance of the updated terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

Should there be a conflict between these terms and any additional terms, the additional terms will prevail to the extent of the conflict.

These terms control and represent the entire relationship between you and SoundGecko. They do not create any third party beneficiary rights.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these terms, this will not be taken to be a formal waiver of our rights, and that those rights or remedies will still be available to us.

SEVERABILITY

Should a particular term or provision be found invalid or not enforceable for any reason or to any extent, this will not affect the validity or enforceability of any other terms. The application of any such provision shall be enforced to the extent that it remains valid.

These terms shall be governed by and construed in accordance with the laws of Victoria, Australia.

CONTACT

121cast Pty Ltd
62-66 King St
Melbourne , Victoria , 3000 Australia