Last updated: July 19, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the audiorista.com website (the "Service") operated by Pubfront ApS ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
We hereby grant you and you hereby accept a non-exclusive, non-transferable, non-sublicensable, limited right and license, solely for the Purpose, to use, and access the Service.
“Purpose” means Use to facilitate Content playback and streaming on your website(s).
The License Scope varies by Plan. Unless otherwise provided, licenses are personal to you for your own Use.
Except pursuant to the Purpose or as otherwise specifically set forth herein, you shall not Distribute, re-license, sell, lease, transfer, encumber, assign or make available for public use the Service without our express written consent. Any assignment or transfer made in the absence of such consent shall be void and constitutes a material breach of these Terms. In the event of such unauthorized assignment or transfer we may immediately terminate these Terms.
These Terms shall become effective on the Effective Date. These Terms shall remain effective for a period of one (1) month, and, shall automatically renew for additional successive one (1) month terms.
Either party may elect to not renew these Terms of Service by notifying the other prior to the expiration of the then-current Term or Renewal Term. You hereby acknowledge that you will not receive notice of a renewal cancellation date or automatic renewal date.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You represent and warrant that (i) if you are an individual, at least eighteen (18) years old, (ii) if you represent an entity, its consent to these Terms has been duly ratified, (iii) all information provided during the registration process is true, accurate and complete, and you will promptly update your registration information with any changes thereto, (iv) your Content conforms to the standards set forth in the Sections of these Terms titled Content and Restrictions on Use, (v) your Use of the Service is in compliance with all applicable laws and regulations, (vi) you have obtained all necessary consents and permissions under applicable laws from individuals and other persons for its performance of these Terms and its Use of the Service, including without limitation for all features and operations of the Service, (vii) you have obtained and will maintain on an ongoing basis a valid legal basis to collect, process and transfer to Company Data, as required under applicable law, rules and regulations, (viii) except for your Information, it will not share, pass or transfer any Sensitive Data to us.
Fees are provided on the checkout page. We may modify the Fees prior to the commencement of each Renewal Term. We will inform you of changes to Fees, when we introduce them.
You agree to timely pay in Euro all Fees and Overages due during the Term. You must provide a valid form of payment (e.g., credit card or debit card) and accurate billing information. You hereby authorize us to charge all Fees and Overages incurred to the designated payment form and acknowledges that periodic Fees and Overages may be charged automatically and without separate authorization.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Audiorista.
Audiorista has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Audiorista shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We shall retain all intellectual property rights pertaining to the Service, including but not limited to copyright, trademark and patent rights and all rights not expressly granted herein are reserved.
You are prohibited from using the Service in any manner infringes the patents, trademarks, copyrights, trade secret rights or other rights of Audiorista, Pubfront ApS or any third party.
By uploading Content, you agree to and hereby grant, and represent and warrant that you have the right to grant us a limited, royalty-free, fully paid up, license to process, store, host, stream, deliver and Use such Content solely in connection with the operation and provision of the service to you.
You are solely responsible for any Content or other material that you post, upload, submits, migrates or Distribute. Any Content that violates the terms of this Section is subject to removal without written notice. You are prohibited from posting, uploading, submitting or Distributing Prohibited Content.
You are responsible for taking the steps to back-up the Content, and we recommend you to routinely archive the Content. We disclaim any responsibility for deleted, lost, corrupted or inaccessible Content, regardless of whether we host such Content.
You shall not (i) interfere or attempt to interfere with the proper operation of the Service or any activities conducted through the Service or disable or bypass any measures that we may use to prevent or restrict access to any Service, (ii) use any robot, spider or other device to retrieve, index, scrape, data mine or in any way gather information, Content or other materials from the Service, (iii) decipher, decompile, disassemble, reverse engineer, simulate, derive or attempt to discover any source code or underlying structure, ideas or algorithms from the Service, Data or Documentation or use any of the foregoing to create any software or service similar to the Service, (iv) create any derivative work or modification of the Service, (v) license, sublicense, copy, display, sell, pledge, encumber, assign, loan, rent, lease, Distribute, transfer or similarly exploit the Service, except as expressly set forth in these Terms, (vi) remove, obscure or alter any proprietary notices on any Service (or any portion thereof), (vii) use the Service for any benchmarking purposes; or for application service provider, timesharing, service bureau or competitive purposes; or any purpose other than as contemplated by these Terms (viii) or use the Service other than in accordance with these Terms and all applicable laws and regulations.
Content transcoded via the Service may only be delivered via the Service. Downloading transcoded content for delivery via other mechanisms or CDN fronting the Service’s delivery functionality is strictly prohibited and may result in additional Fees and Overages, account suspension, and/or termination. In the case of excessive transcoding, you agree to pay for transcoding at Company’s then-applicable rates.
We will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. We do not warrant that the Service will be error-free or that any errors in the Service will be corrected.
Except as otherwise provided and to the maximum extent allowed by law, the service is provided on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement of third party rights, merchantability or fitness for a particular purpose. Except as otherwise provided, use of the Service is at your own risk and you are solely responsible for determining the appropriateness of exercising the rights granted under this agreement and assumes all risks associated therewith, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, suitability for hosting and unavailability or interruption.
Except to the extent required by applicable law or to the extent that any exclusion or limitation of its liability is void, prohibited or unenforceable, in no event shall we be liable under any equity, common law, contract, estoppel, negligence, tort, strict liability or other theory (regardless of the form of action) (a) for any indirect, special, incidental, consequential, punitive or exemplary damages (including loss of profits, revenues, savings, customers, opportunities or goodwill), (b) for any matter beyond its reasonable control or (c) for any loss, corruption or inaccuracy of data, loss or interruption of use or cost of procuring substitute technology, even if the we have been advised of the possibility of such damages. In no event will we cumulatively aggregate liability arising out of these Terms from any cause of action whatsoever exceed the total fees paid by you to us pursuant to these terms during the six (6) months prior to the date the cause of action arose. These limitations are independent from all other provisions of these Terms and shall apply notwithstanding the failure of any remedy provided herein.Each party agrees and does waive trial by jury in any action, proceeding or counterclaim brought against the other party for any matter whatsoever arising out of or in any way connected with these terms of service. No action, suit or proceeding shall be brought against us more than one year after the date of the Service under these Terms of.
The parties agree that the sections on disclaimer and limitation of liability herein fairly allocate the risks between the parties and are essential elements of the basis of the bargain between the parties such that the parties would not have entered into these terms of service without such sections.
We may terminate or suspend access and your account to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Except as otherwise set forth in these Terms, you will indemnify, defend and hold harmless our company and our employees, officers and agents from and against all Claims, and for all resulting Losses (including attorney’s fees) that result or arise from Claims, which in whole or in part, pertain to your Use, reproduction, Distribution or other exploitation of the Service, any breach of your representations and warranties or violations of your obligations under the Section titled Restrictions on Use. You will pay all amounts agreed to in a monetary settlement of the Claims and all Losses that result or arise from the Claims. Notwithstanding the foregoing, you shall have no duty to indemnify or defend our Company from Claims which primarily allege the Service, as provided to you by us and used in accordance with the terms hereof, infringe the copyright, patent or trademark rights of a third party.
Confidential Information
You acknowledge that you may have access to certain confidential information of our Company, such as information concerning its business, plans, customers, technology and products (“Confidential Information”). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should reasonably be considered confidential. “Confidential Information” shall not include (a) information that becomes known to the general public without breach of the nondisclosure obligations of these Terms; (b) information that is already known to you at the time that it is disclosed to the receiving party; (c) information that is obtained from a third party without breach of a nondisclosure obligation and without restriction on disclosure; and (d) information that has been independently developed by you without reference to any of the disclosing party’s Confidential Information.
You agree that you will not use Confidential Information in any way for your own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, these Terms, nor will you disclose to any third party (except as required by law or your attorneys, accountants and other advisors as reasonably necessary) any of the Confidential Information and you will take reasonable precautions to protect the confidentiality of such information, at least as stringent as it takes to protect your own Confidential Information. Upon termination or expiration of these Terms for any reason, you will return or destroy, at our request, all Confidential Information and all documents or media containing any such Confidential Information and any and all copies or extracts thereof.
We shall be permitted to publicly identify you as a user of the Service, including on our websites and marketing materials. You hereby grant us a non-exclusive, non-transferable, non-sublicensable, royalty-free license during the Term to use your name and marks solely for this purpose. You agree to state on all materials using your marks that such marks are property of you and to include the trademark registration symbol if applicable.
We may display the words “Powered by Audiorista” on the audio player on your websites. You are prohibited from disabling this feature unless otherwise provided by the Plan you are on.
The parties hereto are independent contractors, and nothing herein constitutes or creates an employer-employee, agency, joint venture or representative relationship between the parties.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms of Service shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties, and the remainder of these Terms of Service shall continue in full force and effect.
You acknowledge and agree that unauthorized Use of the Service or disclosure of Confidential Information may cause us irreparable harm for which its remedies at law may be inadequate. You hereby agree that we will be entitled, in addition to any other remedies available to it at law or in equity, to obtain immediate injunctive relief to prevent such unauthorized actions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Such modifications shall take effect and be binding on you on the earliest date on which they are posted to the our publicly available website or delivered to you via electronic or physical delivery. If a revision is material, we will try to provide prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
No one other than our Company has the right to modify these Terms. Notwithstanding the foregoing, no modification or amendment to a mutually ratified Addendum or Order Form shall be effective unless in writing and executed by a duly authorized representative of each party.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
No term or provision of these Terms shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by us. Any consent by the Company to, or waiver of, a breach by you whether expressed or implied, shall not constitute consent to, waiver of, or excuse for, any other breach or any subsequent breach, except as may be expressly provided by us.
These Terms shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any purchase order or other similar document provided by or received from a party shall not modify these terms of service or govern your use of the products unless executed by both parties’ duly authorized representatives. Each party rejects any terms contained in purchase orders or similar documents provided by the other party, and any such terms shall be void and have no legal effect. Restrictive endorsements or other statements on checks accepted by company shall not be enforceable.
If you have any questions about these Terms, please contact us by e-mail at info@pubfront.com or by mail using the details provided below:
Pubfront ApS
Gothersgade 175, 3rd floor
1123 Copenhagen, Denmark