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Terms of Service

Last updated and effective as of April 7 2015

Audiosear.ch is an Internet-based service for searching digital audio. The mission of Audiosear.ch is to make sound searchable and facilitate the exploration and discovery of digital recorded sound.

To achieve this ambitious goal we have created a platform that includes application programming interfaces, software, and data provided by such application programming interfaces (collectively, including all data, the “Platform”) that is accessible at audiosear.ch (the “Site”). In order for us to operate the Platform and the Site (collectively the “Service”) responsibly and effectively there are legal requirements we require our users to abide by in order to participate. We appreciate your understanding and are happy to answer any questions you have about this Agreement. Contact us by email or at 510-463-4066.

This User Agreement, (“The Agreement”), constitutes a binding contract between you (an individual, representing yourself, or if applicable, acting as legal representative for a group, institution, company or corporation) and Pop Up Archive, Inc. ("Audiosear.ch"), referred to in this Agreement as "we" or "us" or "Audiosear.ch”. Please read this Agreement carefully. By using or accessing the Service, you agree to abide by the terms and conditions of this Agreement. We may modify this Agreement from time to time as further described in Section 1.13 below.

Section 1: General Terms

The following terms apply to your use of the Service:

1.1 Eligibility

The Service is hosted and delivered in accordance with the laws of the United States. Use of the Service is void where prohibited. By using the Audiosear.ch Service, you represent and warrant that (a) any registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Audiosearc.h Service does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 18 years of age, or if we have reason to believe you have misrepresented your identity or age.

1.2 Privacy

We respect the privacy of our users. You can learn how we manage information collected through the Service by reading our Privacy Policy. By using the Service, you acknowledge that you are comfortable with our Privacy Policy. If you are not comfortable with our Privacy Policy, please do not use the Service.

1.3 Security

You may not and are prohibited from violating or attempting to violate the security of the Service, interfering with or gaining unauthorized access to the Service or any any systems or networks owned or operated on behalf of Audiosear.ch or its third party service providers, or otherwise interfering with any other users’ use of the Service. Prohibited activities include, but are not limited to, (a) accessing data not intended for you or logging into a server or account you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with the Service, or any other user, host or network, (d) introducing a virus to the Service, or otherwise overloading, "flooding," "spamming," "mailbombing" or "crashing," Audiosear.ch’s and its third party service providers’ systems and networks (e) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You acknowledge and agree that any violations of a system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and other related protections on your own computer against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation.

1.4 Public Posting Areas

Audiosear.ch encourages an open exchange of information and ideas. But we cannot and do not review all materials that are indexed by the Service. You should expect public areas of the Service to include information and opinions from a variety of individuals and organizations other than Audiosear.ch. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a guest, or from a member of our staff.

1.5 Prohibited Site Usage

You may only access the Service for personal, educational, and noncommercial purposes or as expressly provided for in other applicable Audiosear.ch Service terms and conditions. When accessing the Service through an applicaton programming interface, you may be subject to data limits to be imposed at the discretion of Audiosear.ch. All information, data, programming, functionality, content, artwork, text, graphics, video, audio, pictures, software, or technology that may be accessed through the Service, including any intellectual property contained therein (collectively, "Materials") is owned by Audiosear.ch, its third party service providers or their licensors and the Materials may be protected by copyright, trademark and other intellectual property laws. You may only access and use the Materials as necessary for you to use the Service and for no other purpose. Audiosear.ch, its third party service providers and their licensors retain all right, title and interest in and to the Materials, and you have no right, title or interest in the Materials. You may not reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the Materials or the Service for any commercial purpose without our express written consent, except for any reproduction that occurs in the normal course of reading or viewing Materials on the Service using a Web browser. Except with our express written consent, we do not permit any resale or commercial use of the Service or the Materials. You may not collect or use any item listings or descriptions; create any derivatives of the Service or Materials; downloading or copying account information for the benefit of another merchant; or use any data mining, robots, or similar data gathering and extraction tools.

1.6 Links to Third Party Sites

The Service contains links to third party web sites ("Third Party Sites"). Because we have no control over Third Party Sites, we do not endorse, have not reviewed and are not responsible for the availability of Third Party Sites. You acknowledge that use of Third Party Sites is at your own risk and that we are not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with products or services available on Third Party Sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third Party Sites.

1.7 Intellectual Property

a. Removal of Audiosear.ch Content or other Materials: Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any content or other materials accessible through the Service. We will in no event be liable for any damages resulting from the removal of or disabling of access to any content or materials.

b. Digital Millennium Copyright Act/Copyright Infringement and Notification Policy: We respect the intellectual property of others. If you believe that your copyrighted Materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.

c. Trademarks: Audiosear.ch, audiosear.ch, and other Audiosear.ch trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Audiosear.ch and its third party service providers and partners in the U.S. and/or other countries. Other trademarks, servicemarks, graphics and logos used in connection with the Audiosear.ch Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforementioned trademarks and any use of such trademarks, including but not limited to use in connection with any product or service that is not that of the respective trademark owner in any manner that is likely to cause confusion among customers or that disparages or discredits the respective trademark owner, is strictly prohibited.

1.8 Representations and Warranties

You represent and warrant that: (a) you will comply with all applicable laws and regulations of any Federal, state or local authority in your use of the Service; (b)you will not introduce any virus, worm, trap door, back door, or other contaminant that may have the effect or be used to access, alter, delete, damage, or disable the Service or any hardware, software, information or other property of Audiosear.ch or any third parties; (c) all factual assertions that you have made and will make to us are true and complete.

1.9 Indemnity

You agree to indemnify and hold harmless Audiosear.ch, its affiliates, subsidiaries, officers and directors, agents, employees and partners, and any parties with whom Audiosear.ch may contract to provide its services, from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of or related to your breach of your representations, warranties or obligations under this Agreement or your use of the Service and/or the Materials.

1.10 Insurance

Any insurance Audiosear.ch elects to carry does not cover individuals or entities using the Services.

1.11 Disclaimer

THE MATERIALS AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE AUDIOSEAR.CH SITE, THE MATERIALS, AND SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

1.12 Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIOSEAR.CH, NOR ITS AFFILIATES, PARTNERS OR THIRD PARTY SERVICE PROVIDERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING FROM THE MATERIALS OR THE SERVICE, WHETHER OR NOT WE SHALL HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.

1.13 Modification or Amendment of Agreement

Audiosear.ch may modify this Agreement from time to time and such modification shall be effective upon posting by Audiosear.ch on the Site. Your continued use of the Services after Audiosear.ch posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. In the event that you do not consent to any such amendments and/or modifications, your sole recourse shall be to terminate this Agreement with respect to any or all Programs, as provided above.

1.14 Severability

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

1.15 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws.

Section 2: Privacy Policy

Your use of the Audiosear.ch Web site constitutes your agreement to this privacy policy and consent to the terms herein. Please see Information We Collect and How We Use It to learn more about our collection and use of user information.

Introduction

Audiosear.ch is committed to safeguarding the privacy of visitors to our Web site and users of the other services available through our site (the "Service(s)"). We will use our best efforts to ensure that the information you provide us remains private and is used only for the purposes set forth herein.

This privacy policy details our commitment to protect your information and the limited manner in which we will use that information to provide and improve our provision of the Services.

Important Terms Used Throughout This Privacy Policy

Throughout this privacy policy we use several specialized terms. "Personally Identifiable Information" is information that tells us specifically who you are, like your email address. "User Information" means all Personally Identifiable Information and any other forms of information discussed in this privacy policy, including the Internet Protocol (IP) address of a user's computer. We use the term "aggregate" when we combine information from various persons or users. Information is said to be "anonymized" if it does not identify individual persons or entities or associate a particular person or entity with such information.

Information We Collect and How We Use It

If you visit our site to browse, we will only collect and store the domain name and host from which a user accessed the Internet (e.g., aol.com), the IP address of the user's computer, the user's browser software and operating system, the date and time the user accesses the site and the Internet address of any Web site from which the user linked directly to our site or to which the user links after visiting our site. We use this information to measure the number of visitors to sections of our sites, to determine from where our visitors linked and to where our visitors link from the sites and to help us make our sites more useful. For example, we organize and analyze IP addresses so that we can provide efficient service, enhance security, monitor appropriate usage and produce traffic volume statistics. This type of information is sometimes shared with third parties, such as when we aggregate and disclose site traffic information for marketing purposes. When we share such information with third parties we will require them to abide by the standards of this privacy policy.

If you provide your email address or authenticate through a third-party provider while at our site, we use the information we collect from you to build features that we hope will make the Services more attractive and easier for you to use. We may share User Information with our partners and affiliates that are committed to serving your need for the Services and improving your user experience, but will require such third parties to abide by the standards of this privacy policy. We may also share aggregate anonymized data relating to activity on the site and use of the Services, such as demographical and statistical information, for marketing, research and other purposes.

If You Do Not Wish to Disclose User Information

If you do not want to provide us with certain User Information then you may opt out by not using the Service that provides us with such User Information. For example, if you do not want us to retain your email address, then you may choose not to submit it or authenticate through a third-party service.

DMCA Notice

Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

Our designated agent for notice for claims of copyright infringement is our Chief Executive Officer who can be reached as follows: