1.1 By using and/or visiting this website (collectively, including all content and functionality available through the AudioViator.com domain name, the "AudioViator Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Service") and it is subject to the terms of a legal agreement between you and AudioViator.
1.2 Your legal agreement with AudioViator is made up of (A) the terms and conditions set out in this document
1.3 The Terms form a legally binding agreement between you and AudioViator in relation to your use of the Services. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Website, including users who are also contributors of audio, video content, information, and other materials or services to AudioViator.
Audioviator offer a translation from the Spanish version of theTerms and conditions of Use only to make easy their understanding. The Spanish version of the Terms and conditions of Use prevail over other different versions.
3.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms
3.2 You can accept the Terms by simply using the Services. You understand and agree that AudioViator will treat your use of the Services as acceptance of the Terms from that point onwards
3.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with AudioViator, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.
3.4 You should print off or save a local copy of the Terms for your records.
4.1 AudioViator may make changes to the Terms from time to time. When these changes are made, AudioViator will make a new copy of the Terms available at AudioViator.com.
4.2 You understand and agree that if you use the Services after the date on which the Terms have changed, AudioViator will treat your use as acceptance of the updated Terms and Conditions.
4.3 You should check the Terms regularly for changes.
5.1 5.1 In order to access some features of the Website, you will have to create an AudioViator account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
5.2 5.2 You must notify AudioViator immediately of any breach of security or unauthorized use of your account.
5.3 Although AudioViator will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AudioViator or others due to such unauthorized use.
6.1 AudioViator hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without AudioViator's prior written authorization by email;
B. You agree not to alter or modify any part of the Website, including but not limited to any of its related technologies;
C. You agree not to access User Submissions (defined below) or AudioViator Content through any technology or means other than the sound playback pages of the Website itself or other explicitly authorized means AudioViator may designate.;
D. You agree not to evade, to desactivate or to manipulate anyhow the security functions of the Website or others functions that (I) block or restrict the use or copy of User Submissions or AudioViator Content, or (II) that limite the use of the Website or AudioViator Content;
E. You agree not to use the Website for any commercial use, without the prior written authorization of AudioViator. Prohibited commercial uses include any of the following actions taken without AudioViator's express approval:
I. sale of access to the Website or its related services on another website or use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
II. and any use of the Website or its related services that AudioViator finds, in its sole discretion, to use AudioViator's resources or User Submissions with the effect of competing with or displacing the market for AudioViator, AudioViator content, or its User Submissions,
uploading (I) an original sound to AudioViator, (II) or maintaining an original channel on AudioViator, to promote your business or artistic enterprise; any (III) use that AudioViator expressly authorizes in an email.;
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the AudioViator servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
G. You agree not to manage to get personal information of the users (include the names if the AudioViator accounts);
H. You agree not to use the Website or the Services (include the comments or e-mail functions of the Website) to offer comercial services;
J. You agree not to offer comercial services for the users of the Website Ud. se obliga a no ofrecer servicios, con fines comerciales, a los usuarios del Sitio Web con respecto a sus Archivos de Usuario.
6.2 You agree to obey with all Terms and Conditions while you use the Services.
6.3 AudioViator grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AudioViator reserves the right to revoke these exceptions either generally or in specific cases.
6.4 AudioViator is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which AudioViator provides may change from time to time without prior notice to you.
6.5 AudioViator reserves the right to discontinue any aspect of the AudioViator Website at any time.
6.6 You agree that you are solely responsible for (and that AudioViator has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which AudioViator may suffer) of any such breach.
6.7 AudioViator will cancel the access to the Website if any user is a reiterate offender.
7.1 As a AudioViator account holder you may submit audioguide content ("User Audioguides") and ynd textual content ("User Comments"), collectively referred to as "User Submissions". You understand that the User Comments are the audioguide contents, texts, images and user voice records. AudioViator does not guarantee any confidentiality with respect to any User Submissions.
AudioViator does not guarantee any confidentiality with respect to any User Submissions.
7.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to AudioViator and other Website users. These are described in paragraph 9 of these Terms and Conditions.
7.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. AudioViator does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AudioViator expressly disclaims any and all liability in connection with User Submissions.
7.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable AudioViator to use your User Submissions for the purposes of the provision of the Services by AudioViator, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms and Conditions.
7.5 AudioViator don't admit total or partial sounds, music or images that it was copied from books, magazines, and other websites and others means of publication without the author's permission (or owner's permission).
8.1 You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for AudioViator to use or possess in connection with the provision of the Services.
8.2 You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant AudioViator the licence referred to in paragraph 9.1 below.
8.3 AudioViator reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
8.4 You further understand and acknowledge that in using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AudioViator with respect to any such User Submissions.
9.1 When you publish an audioguider in AudioViator, you grant:
A. to AudioViator, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and AudioViator's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Website and under these Terms and Conditions.
9.2 The above licenses granted by you in User Audioguides terminate when you remove or delete your User Audioguides from the Website. The above licenses granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
10.1 With the exception of User Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "AudiViator Content") is either owned by or licensed to AudioViator, and is subject to copyright, trade mark rights, and other intellectual property rights of AudioViator or AudioViator's licensors. Any third party trade or service marks present on the AudioViator Content are trade or service marks of their respective owners.
10.2 AudioViator Content may be copied, distributed and transmited under the following conditions: http://creativecommons.org/licenses/by-nc-nd/3.0/ they are resumed in this 3 conditions:
You must attribute AudioViator Content in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of AudioViator Content).
You may NOT use AudioViator Content for commercial purposes.
You may Not alter, transform, or build upon the AudioViator Content.
AudioViator reserves all rights not expressly granted in and to the AudioViator Content.
11.1 The Services may include hyperlinks to other web sites that are not owned or controlled by AudioViator. AudioViator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
11.2 You acknowledge and agree that AudioViator is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
11.3 You acknowledge and agree that AudioViator is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11.4 AudioViator encourages you to be aware when you leave the AudioViator website and to read the terms and conditions of each other website that you visit.
12.1 The Terms and Conditions will continue to apply until terminated by either you or AudioViator as set out below
12.2 If you want to terminate your legal agreement with AudioViator, you may do so by (a) notifying AudioViator at any time and (b) closing your AudioViator Account. Your notice should be sent through the option in the website "Unsubscribe me".
12.3 AudioViator may at any time, terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms and Conditions); or
B. AudioViator is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
C. AudioViator is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
D. the provision of the Services to you by AudioViator is, in AudioViator's opinion, no longer commercially viable.
12.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and AudioViator have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
13.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
13.2 The Services are provided "as is" and AudioViator makes no warranty or representation to you with respect to them.
13.3 In particular AudioViator does not represent or warrant to you that:
A. your use of the Services will meet your requirements,
B. your use of the Services will be uninterrupted, timely, secure or free from error,
C. any information obtained by you as a result of your use of the Services will be accurate or reliable, and
D. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
13.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms and Conditions.
14.1 Nothing in these Terms shall exclude or limit AudioViator's liability for losses which may not be lawfully excluded or limited by applicable law.
14.2 Subject to the overall provision in paragraph 14.1 above AudioViator shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of:
I. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
II. any changes which AudioViator may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
III. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services;
IV. your failure to provide AudioViator with accurate account information;
V. your failure to keep your password or AudioViator account details secure and confidential.
14.3 The limitations on AudioViator's liability to you in paragraph 14.2 above shall apply whether or not AudioViator has been advised of or should have been aware of the possibility of any such losses arising.
15.1 The Terms constitute the whole legal agreement between you and AudioViator and govern your use of the Services and completely replace any prior agreements between you and AudioViator in relation to the Services.
15.2 You agree that AudioViator may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the AudioViator website.
15.3 You agree that if AudioViator does not exercise or enforce any legal right or remedy which is contained in the Terms (or which AudioViator has the benefit of under any applicable law), this will not be taken to be a formal waiver of AudioViator's rights and that those rights or remedies will still be available to AudioViator.
15.4 AudioViator is web proyect created and supported by natural persons, not juristic persons.
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
15.6 The Terms and Conditions, and your relationship with AudioViator under the Terms and Conditions, shall be governed by Spanish law. You and AudioViator agree to submit to the exclusive jurisdiction of the courts of Spain to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that AudioViator shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.