Terms of Service and Conditions of Use

By using the UserAudio.com website (“Website”), software downloads (e.g. programs, mobile “apps” etc.), and any related services (collectively, "UserAudio Service"), a service of UserAudio, Inc., you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Version One Notice

Please note that this is currently a first release of the Website and may not contain all the features or have all the hardware and software resources of the final release. We have implemented and follow industry standard measures to protect against unauthorized access to personal information but recognize that no website can fully eliminate security risks. Your use of the current Version of the Website should be with full consideration and awareness of these risks.

Basic Terms
  • You must be 16 years or older to use this Website and any related services.
  • You are responsible for keeping your password and pin secure. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify UserAudio in writing, and should change your password at the earliest possible opportunity.
  • You agree not to alter or modify any part of the UserAudio Service, including but not limited to UserAudio's Website, its client applications, or any of its related technologies. Content on the Website and available through the UserAudio Service is provided to you for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose. UserAudio reserves all rights not expressly granted in and to the Website and the Content.
  • You agree not to distribute any part of the UserAudio Service, its Website or related clients, in any medium without UserAudio's prior written authorization. You further agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website or its services for any commercial purposes.
  • You agree not to access Content produced by UserAudio or any third party through any technology or means other than the playback pages of the Website itself, the UserAudio client applications, or other explicitly authorized means UserAudio may designate.
  • You further agree not to modify another website so as to falsely imply that it is associated with UserAudio.
  • You may not use the UserAudio Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  • In the event of the addition of any messaging capabilities you must not create or submit unwanted email to any UserAudio Service members or use the service to send spam.
  • You agree not to upload any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in UserAudio’s reasonable discretion.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not violate, circumvent, or attempt to violate or circumvent any data security measures employed by UserAudio or attempt to interfere with the UserAudio Service by any means including, without limitation, hacking UserAudio’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.You must not, in the use of the UserAudio Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You acknowledge that, without limitation to any other rights or remedies of UserAudio under these Terms of Use, UserAudio reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
  • Violation of any of these agreements may result in the termination of your UserAudio account. While UserAudio prohibits such conduct and content on its Website, you understand and agree that UserAudio cannot be responsible for content posted, submitted, or otherwise made available on its Website or the conduct of other users. You further agree that nonetheless you may be exposed to such content or materials and that you use the UserAudio Service at your own risk.

    Terms of Sale

    You agree that you will pay for all products you purchase through the UserAudio Service, provide UserAudio with a valid payment method for the payment of all fees, and that UserAudio may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. You acknowledge that you are responsible for the timely payment of all fees.

    Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product.

    Prices for content offered via the UserAudio Service may change at any time, and the UserAudio Service does not provide price protection or refunds in the event of a price reduction or promotional offering.

    If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by UserAudio.

    Terms of Uploading/Purchases

    You agree that content you upload complies with the UserAudio Terms and Conditions, Privacy Policy, Copyright Policy, User Commandments, and all applicable Federal and applicable State laws (“Requirements”). UserAudio will pay you within 60 days of the end of the month during which payment is received for purchases of your content. Payments to you will not include payments received by UserAudio on your behalf for your content that include refunds, discounts, bad debt, transaction fees, and taxes (where required by law). Where applicable you are responsible for paying any applicable Federal or State taxes. UserAudio engages in promotional, discounts, rebates, or other price adjustments to attract customers to benefit our users including you. You will only be paid based on fund totals per transaction actually received by UserAudio regardless of the original price that you stipulate. You will not be paid for any content that is determined to be non-compliant with the Requirements. In addition, you will not be compensated for any continuing education content that does not comply with applicable licensing or authorizing board, bar, agency, state, federal, or organization standards, procedures, as well as course, credit, certification processes.

    You agree to receive payment via electronic payment or check at UserAudio’s sole discretion.

    Grant of License

    By uploading content to the UserAudio Service, you grant UserAudio a limited, worldwide, non-exclusive, royalty-free, fully paid up, license, to use, copy, repost, transmit or otherwise distribute, sell on your behalf, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the UserAudio with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of the content, other than the right to reproduce, publicly display, make available and otherwise communicate to the public that content, automatically and without alteration, as part of the act of reposting content. To those users that purchase your paid content or select your free content, you hereby grant limited, fully paid up, license to download, use, and copy for their exclusive use or that of their immediate family (i.e., parents, children, or siblings living in the same household) the selected audio content.

    The licenses granted in this section are granted separately with respect to each item of content that you upload to the UserAudio Service. Licenses with respect to audio content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) may terminate automatically when you remove such content from your account at UserAudio’s full discretion. Licenses with respect to comments or other contributions that you make on the UserAudio Service will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

    Intellectual Property

    You agree that the UserAudio Service, including but not limited to UserAudio content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the UserAudio Service, contain proprietary information and material that is owned by UserAudio and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the UserAudio Service in compliance with these Terms of Service. No portion of the UserAudio Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the UserAudio Service in any manner, and you shall not exploit the UserAudio Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

    Copyright

    By providing preference information, personal information, personal preferences, personal settings, ratings, and other content ("Preferences"), you agree to let UserAudio use your Preferences to help you and other Users find digital entertainment of interest to them. You also agree to let UserAudio use your Content in any manner UserAudio chooses.

    UserAudio undertakes to obey copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim regarding copyright infringement, please provide us with the following:

    • A physical or electronic signature of the copyright owner or the person authorized to act on their behalf.
    • A description of the copyrighted work claimed to have been infringed.
    • A description of the infringing material and information reasonably sufficient to permit UserAudio to locate the material.
    • Your contact information, including your name, party you represent, address, telephone number, and email.
    • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the notification is accurate, and, under the penalties of perjury, that you are authorized to act on behalf of the copyright owner.

    Claims can be sent to copyright@useraudio.com. Written communication can be sent to Copyright, UserAudio, LLC, 1190 N Spring Creek Pl., STE E1, Springville, UT 84663.

    Limitation on Liability

    You hereby acknowledge and agree that UserAudio (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of the content that you upload, post or distribute to, on or through the UserAudio Service, and to the extent permissible by law, UserAudio excludes all liability with respect to all content.

    You hereby acknowledge and agree that UserAudio cannot and does not review the content created or uploaded by its users, and neither UserAudio nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the UserAudio Service for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

    UserAudio and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the UserAudio Service by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the UserAudio Service. By using the UserAudio Service, you irrevocably waive the right to assert any claim with respect to any of the foregoing against UserAudio Service or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

    No Warranty

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE USERAUDIO SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USERAUDIO SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND USERAUDIO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE USERAUDIO SERVICES AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. USERAUDIO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE USERAUDIO SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE USERAUDIO SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE USERAUDIO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE USERAUDIO SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY USERAUDIO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

    Severability

    Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

    Entire Agreement

    These Terms of Use, together with the Privacy Policy and Copyright Information, constitute the entire agreement between you and UserAudio with respect to your use of the UserAudio Services, and supersede any prior agreement between you and UserAudio.

    General Provisions

    We reserve the right to modify or terminate the UserAudio Service for any reason, without notice at any time. We also reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you by posting an announcement of the changes together with a link to the new Terms of Service on the UserAudio Website. We also reserve the right to email you these changes. What constitutes a "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

    We reserve the right to refuse service to anyone for any reason at any time and may, but have no obligation to, remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.