Definitions and legal references
Data Controller and Owner
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.
The legal or natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
The hardware or software tool by which the Personal Data of the User is collected.
Small piece of data stored in the User's device.
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.
AudioNotch Tinnitus Treatment App
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies, Usage Data, email address and country.
The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
All Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Users are responsible for any third party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics and Contacting the User.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
This application (mobile app)
This mobile application records the particular tinnitus frequencies matched by the user, the specific audio files that are processed using the user's particular tinnitus frequency, and the the date and time that specific processed audio files are listened to by the user.
This data is stored in our servers, and also provides the mobile application user with access to the companion web application via the same user account (at www.AudioNotch.com). The web application has nearly identical functionality with the mobile application: the ability to match the user's tinnitus frequency, process their audio files, and provide audio files for listening. It collects the same usage data as the mobile application.
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Contact form (This Application)
By filling in the contact form with their Data, the User authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
Personal Data collected: email address.
Mailing list or newsletter (This Application)
By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning this Application. Your email address might also be added to this list as a result of signing up to this Application or after making a purchase.
Personal Data collected: country and email address.
Additional information about Data collection and processing
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data
System logs and maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
AudioNotch collects non-personally-identifying information of the sort that web-browsers make available, such as the browser type and language preference. Our purpose is to fully support AudioNotch and tinnitus treatment for a variety of users on a variety of platforms, and understand how users are using our services.
Protection of certain personally-identifying information
AudioNotch will not rent or sell potentially personally-identifying and personally-identifying information to anyone. If you are a registered user of AudioNotch and have supplied your email address, AudioNotch may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with AudioNotch.
AudioNotch primarily uses our blog on our product and tinnitus therapy information to communicate this, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. AudioNotch takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
All of our payment processing is handled by PayPal or Stripe, we do not store any payment information on our servers, ensuring the utmost security.
As part of AudioNotch's ongoing commitment to providing an effective and affordable solution for ringing ears and tinnitus, we offer a money-back guarantee. While experimental evidence indicates that AudioNotch's methodology is scientifically sound, not all users may experience a benefit. If, for any reason, you are not satisfied with your purchase within 30 days, you will receive a full refund.
READ CAREFULLY: BY PURCHASING A NON-RENEWABLE SUBSCRIPTION, YOU AS THE "SUBSCRIBER" AGREE TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT (THE "AGREEMENT") WITH AudioNotch Inc. and AUDIONOTCH.COM. ("AUDIONOTCH"). THIS AGREEMENT SETS FORTH THE TERMS OF SUBSCRIBER'S SUBSCRIPTION AND USE OF SOFTWARE AND SERVICES PROVIDED BY AUDIONOTCH, hereafter referred to as "Service". IF SUBSCRIBER DOES NOT AGREE WITH ALL OF THESE TERMS, SUBSCRIBER WILL NOT BE ABLE TO PURCHASE A SUBSCRIPTION.
"AUDIONOTCH Services" means the provision of access to the electronic services provided over the Internet as described in AUDIONOTCH's services description available at www.AudioNotch.com/FAQ as updated from time to time (the "Services and Support") with the software providing those services at all times remaining on AUDIONOTCH's server.
"Licensed Software" means access to the full functionality of the AUDIONOTCH site and access to the full functionality of the AudioNotch Tinnitus Treatment mobile app.
"Full functionality" entails the ability to determine a user’s tinnitus frequency using our tinnitus tuner, the ability to create Notched Sound Therapy customized for a particular tinnitus frequency, and the ability to listen to Notched Sound Therapy that has been created by the user.
"Notched Sound Therapy" is defined as listening to audio that has been processed by removing the sound energy at and around a user’s particular tinnitus frequency within a defined frequency range. The frequency range that is excised is subject to change as AudioNotch Inc. sound processing algorithms continue to reflect the latest advancements in publicly available research on this subject.
"Services" means AUDIONOTCH Services and Third-Party Services together.
"Subscription" means access to the Licensed Software, Services and Support, at the level that Subscriber selects when places its order (or any subsequent order), for a defined period as set forth in the applicable order and includes the Initial Subscription Term. AUDIONOTCH subscriptions are non-renewing. AUDIONOTCH subscriptions exist for a defined period of time as selected by the user at the time of purchase and do not renew. On our pricing page, an AUDIONOTCH subscription is referred to as a “program.” For example, a 2-month non-renewing subscription is referred to as a "2-month program."
"Support" means the technical support on the use of AUDIONOTCH and the Services as described in AUDIONOTCH's support policy available at http://www.AUDIONOTCH.com/FAQ as updated from time to time (the "Services and Support section").
"Third-Party Services" means the provision of access to the electronic services provided over the Internet through the AUDIONOTCH Services as described in the Services Description and where third parties supply the software providing those services with such software at all times remaining either on AUDIONOTCH's server or on the servers of the third-party licensors.
"User(s)" shall mean Subscriber's employees, consultants, contractors or agents authorized to use the Services in accordance with the terms and conditions of this Agreement and for which an incremental cost is incurred in a Subscription.
Subscriber may not, nor permit Users or anyone else to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services; (ii) modify, translate, or create derivative works based of Services; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Services; (iv) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices from the Services; or (vi) publish or disclose to third parties any evaluation of the Services without AUDIONOTCH's prior written consent.
Services and Support.
AUDIONOTCH will provide Subscriber with the Services in accordance with the terms and conditions of the Services Description and the Support in accordance with the terms and conditions of the Support Policy (including the service levels specified in the Services Description and Support Policy), both at the Subscription level Subscriber selects when it places its order (or any subsequent order). Subscriber may add Users to Subscriber's subscription to the Services by placing an order with AUDIONOTCH. Subscriber is responsible for all activity occurring under Subscriber's User's accounts. Subscriber shall notify AUDIONOTCH immediately of any unauthorized use of any password, account, copying or access to the Services. User accounts cannot be shared or used by more than one individual User but may be reassigned to new Users replacing former Users.
The Services will be deemed accepted upon AUDIONOTCH's provision of the license key to Subscriber that enables Subscriber to use the Services.
Intellectual Property Rights.
AUDIONOTCH or its licensors retain all right, title and interest in and to the Services. Subscriber shall do nothing inconsistent with AUDIONOTCH's or its third-party licensors' title to the Services and the intellectual property rights embodied therein including, but not limited to, transferring, loaning, selling, assigning, pledging, or otherwise disposing, encumbering, or suffering a lien or encumbrance upon or against any interest in the Services. The Services do contain copyrighted material, trade secrets and other confidential material of AUDIONOTCH or its licensors.
This Agreement shall be effective as of the date that Subscriber accepts this Agreement by clicking on the "I agree" button (the "Effective Date"). The "Initial Subscription Term" will be for the period specified in the applicable order and shall commence on the Effective Date.
Subscriber may terminate this Agreement at the end of the Initial Subscription Term or a subsequent Renewal Subscription Term by notifying AUDIONOTCH in writing any time prior to the end of the then-current term. AUDIONOTCH may terminate this Agreement without cause at any time by notifying Subscriber in writing at least thirty (30) days prior to such termination. AUDIONOTCH may terminate Subscriber's use of the Services if, in AUDIONOTCH's sole discretion, Subscriber breaches or otherwise fails to comply with this Agreement and Subscriber has not cured such breach within thirty (30) days of AUDIONOTCH's notice specifying the alleged breach. AUDIONOTCH may terminate this Agreement and/or Subscriber's access to the Services if Subscriber's non-payment of any fees owed to AUDIONOTCH that are delinquent by thirty (30) days or more.
Effects of Termination.
Upon the termination or expiration of this Agreement for any reason: (i) AUDIONOTCH will no longer be obligated to provide the Services or the Support; and (ii) Subscriber shall immediately cease use of the Services. Subscriber's obligation to make a payment of any outstanding, unpaid fees and to keep Confidential Information confidential and the terms of Sections 4, 7, 10, 11, 13(b) and 14 through 16 shall survive termination or expiration of this Agreement.
Subscriber and AUDIONOTCH agree to maintain the confidentiality of any proprietary information received by the other party during, or prior to entering into, this Agreement that a party should know is confidential or proprietary based on the circumstances surrounding the disclosure including, without limitation, non-public technical and business information ("Confidential Information") during the Subscription and for a period of two (2) years after the termination of this Agreement. This section shall not apply to any publicly available or independently developed information. The receiving party of any Confidential Information of the other party agrees not to use said Confidential Information for any purpose except as necessary to fulfill its obligations and exercise its rights under this Agreement. The receiving party shall protect the secrecy of and avoid disclosure and unauthorized use of the disclosing party's Confidential Information to the same degree that it takes to protect its own confidential information and in no event less than reasonable care.
Subscriber shall pay all fees to AUDIONOTCH associated with the Subscription as set forth on the subscription overview page available at www.AudioNotch.com/Pricing. Subscriber shall pay for all fees ordered for an entire Subscription, whether or not the Subscriber uses the Services or all the Support to which it is entitled in the Subscription. Subscriber shall make future fee payments for renewal at the end of each expiring subscription period. Subscriber must provide AUDIONOTCH with a valid credit card or alternative payment form prior to receiving the Services or Support. All fees paid to AUDIONOTCH are non-refundable. AUDIONOTCH reserves the right to modify its fees without any notice to subscribers (but in such a way that if such modifications are made subscribers will not incur any direct cost). AUDIONOTCH will automatically bill Subscriber's credit card or alternative payment form in the billing frequency established by the length of Subscriber's Initial Subscription Term. Subscriber agrees to provide AUDIONOTCH with complete and accurate billing and contact information. AUDIONOTCH may terminate the Subscription if the billing or contact information is false, fraudulent or invalid. Subscriber will also pay all taxes, including sales, use, personal property, value-added, excise, customs fees, import duties, stamp duties and any other similar taxes and duties, including penalties and interest, imposed by any Canadian federal, provincial or local government entity or any non-Canadian government entity on the transactions contemplated by this Agreement, excluding taxes based upon AUDIONOTCH's net income.
Subscriber agrees that AUDIONOTCH may charge unpaid fees to Subscriber's credit card or otherwise bill Subscriber for unpaid fees. AUDIONOTCH shall be entitled to reimbursement of all reasonable collection costs incurred as a result of unpaid balances.
- EXCEPT AS EXPRESSLY PROVIDED IN THE SERVICES DESCRIPTION, AUDIONOTCH, THE SERVICES AND THE SUPPORT ARE PROVIDED TO SUBSCRIBER STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AUDIONOTCH AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF AUDIONOTCH OR THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE, (B) AUDIONOTCH , THE SERVICES OR SUPPORT WILL MEET SUBSCRIBER'S REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (D) AUDIONOTCH , THE SERVICES OR SUPPORT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY BE SUBJECT TO LIMITATIONS OR ISSUES INHERENT IN THE USE OF THE INTERNET AND AUDIONOTCH IS NOT RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
- Consequential Damages Waiver. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EITHER PARTY OR AUDIONOTCH'S LICENSORS OR PROVIDERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR RELATING TO THE USE AND/OR INABILITY TO USE AUDIONOTCH , THE SUPPORT OR THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Damages. In no event shall AUDIONOTCH's total liability to Subscriber for all damages, losses and causes of action (whether in contract, tort, including negligence, or otherwise) exceed THE AMOUNT THAT SUBSCRIBER PAID TO AUDIONOTCH DURING THE PRECEDING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE LIABILITY. ADDITIONALLY, IN NO EVENT SHALL AUDIONOTCH'S LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND.
- Failure of Essential Purpose. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THIS AGREEMENT OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Allocation of Risk. The sections on limitation of liability and disclaimer of warranties allocate the risks in the Agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties.
Subscriber acknowledges that the laws and regulations of the Canada may restrict the export and re-export of certain commodities and technical data of Canadian origin, including the Licensed Software or the Services. Subscriber agrees that it will not export or re-export the Licensed Software or the Services without the appropriate Canadian or foreign government licenses.
An individual acting on behalf of an entity represents that he or she has the authority to enter into this Agreement on behalf of the entity. All notices permitted or required under this Agreement shall be in writing and shall be delivered by personal delivery, telecopier, facsimile transmission, or by certified or registered mail, return receipt requested, and shall be deemed given upon personal delivery, five (5) days after deposit in the mail, or upon acknowledgment of receipt of electronic transmission, and addressed to the party to whom notice is given to AUDIONOTCH at its corporate headquarters and to Subscriber at its address set forth in the registration page (or such other address as either party may specify in writing). Subscriber shall not assign this Agreement or transfer any of the rights, duties, or obligations arising under this Agreement, whether by merger, operation of law, or otherwise, without the prior written consent of AUDIONOTCH. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties thereto. This Agreement will be governed by and construed according to the laws of the Province of Ontario without regard to that body of law controlling conflicts of law. In the event of any dispute or claim arising out of this Agreement, the parties hereby submit to the jurisdiction of the federal and provincial courts located in Ontario, Canada as applicable. This Agreement may be amended or supplemented only by a writing that refers explicitly to this Agreement and that is signed on behalf of both parties. No waiver will be implied from conduct or failure to enforce rights. No waiver will be effective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this Agreement is found invalid or unenforceable that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force. Nothing contained herein shall be construed as creating an agency, partnership, or other form of joint enterprise between the parties. This Agreement represents the entire agreement between the parties relating to its subject matter and supersedes all prior and/or contemporaneous representations, discussions, negotiations and agreements, whether written or oral.
There is no guarantee that the AUDIONOTCH’s Notched Sound Therapy will reduce the loudness of your tinnitus. A small percentage of our users have reported a temporary increase in the loudness of their tinnitus after listening to Notched Sound Therapy created using AUDIONOTCH’s software. While this increase in loudness has been temporary in those customers, the increase in loudness could in theory be permanent in some users and may occur in you. Listening to AUDIONOTCH’s Notched Sound Therapy at an unsafe volume level can cause further hearing loss and therefore a worsening or new tinnitus tone, as is true of any audio listened to at an unsafe volume level for a sufficient period of time. AUDIONOTCH’s Notched Sound Therapy could theoretically result in an additional tinnitus sound. If any of the aforementioned events occur you may experience some degree of increased psychological stress. Your tinnitus frequency and quality may change during the course of listening to AUDIONOTCH’s Notched Sound Therapy over time, even if the loudness of the tinnitus tone may be decreased. You hereby indemnify AUDIONOTCH, AudioNotch Inc., its officers, and stockholders and agree to hold AUDIONOTCH, its officers and stockholders harmless from any claim, demand or damage caused by any change in the loudness or annoyance of your tinnitus, any change in your hearing, or any other physical or emotional damage or trauma caused by your use of the subscription, website, your computer, your headphones, or your audio playing-capable device (your computer, smartphone, tablet, or MP3 player, or other device) connected in any way with AUDIONOTCH.
All information provided on www.AudioNotch.com is believed accurate and true. You should always, however, consult with, and direct any specific health questions you have to your physician and prior to using health-related software of any kind (such as mobile health apps on your smartphone or web applications). The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any therapy, treatment, diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
- You hereby agree that your use of the Service shall at all times be subject to the terms and conditions as set out herein. If you are not willing to agree to these provisions, you must NOT use the Service.
- Upon successful registration for the Service, you will be issued with a username and password. You agree to immediately notify us of any unauthorised use of your password or any other breach of security. You further agree that we will not be liable to you or any other party whatsoever in respect of any losses or damages resulting from someone else using your password, whether with or without your knowledge. However, you could be held liable for losses or damages incurred by us or any third party due to someone else using your password. Your credit card will be charged for a 6-month subscription if we determine that someone with your knowledge is using the service with your username and password.
- We reserve the right at any time and from time to time to modify or discontinue, either temporarily or permanently, the Service (or any part thereof), with or without notice to you and you agree that we will not incur any liability, of whatsoever nature, to you for any such occurrence.
- We will, at our own discretion, determine the period and level of support, if any, offered with regard to the Service and we make no representations and give no warranties, of whatsoever nature, in this regard.
- While we will use reasonable endeavors to keep the Service available at all times, you acknowledge that we make no guarantees, of whatsoever nature, in respect of the availability of the Service and that we will not be liable to you or any other party whatsoever in respect of any loss or damages suffered as a result of the unavailability of the Service for any reason whatsoever.
Breaches of these Terms and Conditions.
- Should we believe you to be in breach of any of these terms and conditions, we will be entitled, but not obliged, to exercise any rights that we may have in law and to respond to such breach and/or any complaint lodged against you in one or more of the following manners:
- issue a warning;
- suspend or terminate your access to and/or use of the Service;
- claim immediate payment of all costs incurred by us in exercising our rights in terms of this clause;
- institute legal proceedings against you or any third party, including a claim for any loss or damages, whether direct or indirect, sustained by us as a result of your breach and/or any complaint lodged against you; and
- respond to the matter in any other manner deemed appropriate by us.
- You understand and agree that all material of whatsoever nature, sent or received by you through the Service, is the sole responsibility of the party from whom such material originates. Accordingly, we do not guarantee the accuracy, integrity or quality of such material and under no circumstances whatsoever will we be liable in any way for any material, including (without being limited to) any errors or omissions, or any loss or damages of any kind incurred as a result of or in any way relating to such material.
- You further understand and agree that we will not, under any circumstances, be liable for any loss or damages, of whatsoever nature, resulting from the unavailability of the Service, your use of, or inability to use the Service, unauthorised access to, or alteration of your usage through the Service, or any other matter relating to the Service.
- The entire risk relating to the use of the Service is borne by you and you assume full responsibility and liability for all claims, losses and damages arising as a direct or indirect result of your use of the Service. You understand that the Service is provided on an "as is" and "as available" basis and that we give no warranties of any kind, whether express or implied, with regard to the Service. Accordingly, we assume no responsibility or liability for timeliness, deletion, mis-delivery, corruption or failure to store any information or other material maintained or used by or through the Service.
- You hereby indemnify us and agree to hold us harmless from any claim, demand or damage asserted by any third party due to or arising out of your use of the Service.
- You hereby indemnify us (AUDIONOTCH, AudioNotch Inc., its officers and shareholders) and agree to hold us harmless from any loss or damage of whatever nature and howsoever arising from your use of the Service and/or failure to comply with these terms and conditions and/or any other requirements that we may impose from time to time.
- You hereby agree that we will not, under any circumstances whatsoever, be liable for any indirect, consequential, special or incidental loss or damages, howsoever arising from or in connection with the Service, even if advised of the possibility of such loss or damages and whether arising from negligence, breach of warranty or contract or otherwise.
- AUDIONOTCH does not warrant, guarantee or make any representations regarding the currency, correctness, accuracy, reliability or any other aspect regarding characteristics or use of the Service. You accept sole responsibility and risk associated with the use and results of the Service, irrespective of the purpose to which such use or results are applied. In no event shall AUDIONOTCH be liable for any damages resulting from misconduct committed by us or any other third party.
Alterations to Terms and Conditions
- We reserve the right to alter these terms and conditions at any time.
- You acknowledge that by using the Service, you will be bound to the then current version of the terms and conditions (the "Current Version") from time to time and that, unless stated otherwise in the current version, all previous versions will be superseded by the Current Version.
- You are responsible for reviewing the Current Version each time you make use of the Service.
- Without derogating from the a foregoing, and without imposing any obligation whatsoever on us, we reserve the right to give you notice of amendments of the terms and conditions. On receipt of notice of amended terms and conditions, you will be obliged to visit the terms of service section of thewww.AUDIONOTCH.com website and view the then Current Version.
- A certificate signed by us (or by one of our directors, whose appointment, qualification and authority need not be proved) shall be prima facie proof of the date of publication and content of the Current Version and all previous versions of the terms and conditions.
Intellectual Property Rights
- AUDIONOTCH.com and AudioNotch Inc. and the trade mark and logos are trademarks or registered trademarks of AudioNotch Inc. Copyright with regard to the Service belongs to AudioNotch Inc. and AudioNotch Inc.'s rights in this regard are reserved. Unauthorised use of AudioNotch Inc.' marks and logo's is prohibited.
- All materials contained in the www.AUDIONOTCH.com website and its derivatives, which are created or developed on the basis of AudioNotch Inc.'s copyrighted material by any party rightfully licensed by AudioNotch Inc. or sublicensed by us, are the copyrighted property of AudioNotch Inc. or its affiliated companies. Except for any fair use for purposes of study, research, criticism and review, as permitted under applicable copyright legislation, no part of the aforementioned materials may in any form or by any electronic, mechanical, photocopying, recording or any other means be used, reproduced, stored in a retrieval system, broadcast or transmitted without the prior permission of AudioNotch Inc..
- All trademarks, service marks, logos, and trade names relating to the Services (the "Trademarks") are proprietary to AudioNotch Inc. or its affiliates. You may not change any Trademark in any way, including (without being limited to) changes in the color, proportion or design, or removal of any words, artwork or trademark symbols. No part of any Trademark may in any form, alone or in combination with other marks, names or products, or by any electronic, mechanical, photocopying, recording or any other means be used, reproduced, broadcast or transmitted without prior permission from AudioNotch Inc..
- These terms and conditions shall in all respects be governed and construed in accordance with the laws of Ontario, Canada and all disputes, actions and other matters in connection herewith, shall be determined in accordance with such laws.
- Failure to enforce any provision of these terms and conditions shall not be construed as a waiver of our rights, nor shall such failure in any way affect the validity of the whole or any part of these terms and conditions, nor prejudice our right to take subsequent action.
- These terms and conditions constitute the entire agreement that applies to your use of the Service and no other provision shall be binding on us. No addition to, or variation of these terms and conditions (save for those effected under clause 21 above) shall be of any force or effect.
- If any part of these terms and conditions is determined to be invalid or unenforceable, it shall not affect the remainder of the terms and conditions, which shall remain in full force and effect.