The Audety Inc. ("Company" or "Audety"), Terms of Service ("Terms") govern your access to and use of the service ("Service"), including it's website(s), email service, notifications, applications and any information, text, graphics or photos appearing on the Service, (collectively referred to as "Content"). Your access to and use of the Service are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Audety.com provides a service that is always evolving and the form and nature of the Service may change from time to time without prior notice and may stop (permanently or temporarily) providing the Service, or any features within the Service to you or to users generally without prior notice. We also retain the right to delete any user profile at our sole discretion at any time without prior notice.
You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of the Audety website for resale, redistribution or for any other commercial use. You shall not use the Audety website for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programs which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the Audety website. Data scraping is expressly forbidden.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. Under no circumstances will Audety be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. All users grant Audety Inc., a non-exclusive right to use all information and content posted, emailed or otherwise submitted or created by user without a limitation on purpose and in perpetuity.
You agree that you will pay for all products you purchase through the Services, and that Audety may charge your payment method for any products purchased and for any additional amounts (including any taxes and fees, as applicable) that may be accrued by you or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING AUDETY INC., AND IT'S ASSIGNS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. Prices for services offered via the website may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. All payments received are deemed earned upon receipt. All sales are final.
Company's advertising plan fees are net of any applicable Sales Tax. If any Services, or payments for any goods or services, under this Agreement are subject to Sales Tax in any jurisdiction, Customer will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify Audety for any liability or expense Audety may incur in connection with such Sales Taxes. For purposes of this Agreement, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Audety is permitted to pass to Customer that is (a) the functional equivalent of a sales tax and (b) the applicable taxiing jurisdiction does not otherwise impose a sales or use tax. Audety and it's affiliates may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.
If a product or service becomes unavailable following a transaction your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Audety.
Do not submit any content without the owner's expressed written permission unless it consists entirely of content you created yourself. By agreeing to the Terms of Service, you are representing that you own, or have rights to distribute the content you submit. Audety Inc., reserves the right to refuse or delete any submission without a reason and without prior notice.
Your subscription will continue indefinitely until terminated in accordance with the terms of this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Company’s then current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by sending an email to email@example.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Audety to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Audety does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received. Upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received. We reserve the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Audety with a valid credit card (Visa, MasterCard, etc.) as a condition to registering. Your Payment Provider agreement governs your use of the designated credit card or Audety account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing Audety with your credit card number and associated payment information, you agree that Audety is authorized to immediately invoice your Account for all fees and charges due and payable to Audety hereunder and that no additional notice or consent is required. You agree to immediately notify Audety Inc., of any change in your billing address or the credit card valid payment information used for payment hereunder. Audety reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery.
Any free trial or other promotion that provides Trial Plan level access to the Services must be used within the specified time of the trial. You will be asked for valid credit card information when you sign up for the trial. We will use the payment information for future subscription fees should you fail to terminate the trial subscription within the time-frame provided by Audety. If we offer a free trial subscription, we will start your trial upon completion of your registration. You may cancel your free trial subscription at any time within 30 days. If you do not cancel your free trial subscription within the trial period, your subscription will continue automatically and the VIP Plan subscription fee will be billed to the credit card or other billing source provided by you when you registered for the trial, on the first day of each successive subscription term. Such billing will occur without further notice to you. Any paid subscription may continue indefinitely until concelled. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term or trial period, you may cancel your subscription and terminate future billing by emailing firstname.lastname@example.org. You must cancel your subscription before the end of any free trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please email VIPs@audety.com to have the charges reversed.
You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: VIPs@audety.com.
Currently, iterations of the Service do not include third party advertisements. If third-party advertisments are added in the future, such advertisements may be targeted to the content, information, user profiles or any other information on the Service. Audety may earn fees and commissions from such advertisements but in no event will incur any liability for any third-party product sold through such advertisements regardless of any recommendation whether written or oral. In consideration for granting you access to and use of the Service, you agree to such advertising in connection with the display of Content or information from the Service whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
The Audety website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Audety or Audety names or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Audety, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Audety gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and website part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service in the manner permitted by these Terms. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. Audety at its sole discretion, may sell or otherwise transfer ownership of its websites and related assets at any time and without notice.
All clause headings are for organizational purposes only and do not limit the scope of any writing thereunder. Each clause applies universally.
These Terms will continue to apply after termination by either you or Audety. Either you or Audety may terminate your use of the Service at any time without prior notice and with or without a reason. Your profile will be deleted upon termination.
If your registration(s) with or ability to access the Website or the Services or any other Audety community is discontinued due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Website, the Services or any other Audety community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those materials or Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Audety reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
This Website can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Audety intends to announce such services or Content in your country. The Website and Services are controlled and offered by Audety from its facilities in the United States of America. Audety makes no representations that the Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnity and hold Audety harmless from any claim or demand made by you or any third party arising out of your use of the Audety website, your use of any links to websites operated by third parties and Audetys' use of any information supplied by you. You agree to cooperate with Audety Inc., and comply with its reasonable instructions to limit or minimize any liability of Audety.
Your access to and use of the Service or any Content are at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Audety and its affiliates make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content, any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content, the deletion of, or the failure to store or to transmit any Content or other communications maintained by the Service and whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Audety or through the Service, will create any warranty not expressly made herein. NEITHER PARTYS' AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE US$20.
In the event of any controversy or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, recognising their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to this Agreement shall proceed to binding arbitration under the Rules of the American Arbitration Association (AAA). The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then an arbitrator shall be appointed by the court. Arbitration will take place in Pinellas County, FL (USA). All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
The communications between you and Audety will be by electronic means, whether you visit the Website or send Audety e-mails, or whether Audety posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Audety in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Audety provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Where Audety requires that you provide an e-mail address, you are responsible for providing Audety with your most current e-mail address. In the event that the last e-mail address you provided to Audety is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Audety’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Audety at the following email address: email@example.com. Such notice shall be deemed given when received by Audety.
No third party shall have any rights to bring a claim in respect of these Terms. The rights and obligations created by these Terms are enforceable by and may be assigned by Audety. You may not assign your rights or obligations under these Terms. The failure of Audety to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Pinellas County, FLorida, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
YOU AND AUDETY INC., AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, THE SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We may revise these Terms from time to time. The most current version will always be at audety.com/tos. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. This Service is operated and provided by Audety a Delaware corporation. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.