AudioCatch

Terms of Service, Privacy Policy and Your California Privacy Rights



Terms of Service


June 2013

These Terms of Service (“Terms”) govern each user’s (“user” or “you” or “your”) access to and use of the Audio Catch website and the services provided through the website, including but not limited to the Gigs (as defined below) (the “Services”), as well as any information, audio files or other materials uploaded, downloaded or appearing on the Services, including but not limited to Works (as defined below) (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By registering, with this website, uploading information or otherwise actively using the Services, you agree to be b12ound by these Terms. Audio Catch and the Services are owned and provided by Audio Catch LLC (the “Provider” or “we” or “us”).

1. Access

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You are responsible for the actions of each person who uses your account, whether or not you have expressly authorized that person to use your account. The Content you submit, post, or display may be viewed by other users of the Services and through third party services and websites. You should only upload, share or transmit Content that you have the right to upload, share or transmit, and that you are comfortable sharing with others under these Terms.

You may use the Services only if you are 18 years old or older. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice. In addition, the Provider may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally without prior notice. Provider also retains the right to create limits on use and storage at the Provider’s sole discretion at any time without prior notice.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for granting you access to and use of the Services, you agree that Provider and its partners and advertisers may place advertising on the Services or in connection with the display of Content or information from the Services submitted by you or others.

2. Privacy

Any information and other Content that you provide is subject to our Privacy Policy [link], which governs our collection and use of your information. California residents are also subject to Your California Privacy Rights [link]. You consent to the collection and use of this information, including the transfer of this information within the United States and to other countries for storage, processing and use by Provider and others. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services 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, or pass phrases) with your account. As noted above, Provider shall not be liable for any loss or damage arising from any third person using your account.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who posted or transmitted the Content. We do not monitor or control the Content posted via the Services and, we are not responsible for Content. Any use or reliance on any Content or other materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We do not endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances shall Provider be liable 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 Services or broadcast elsewhere.

If you see any Content on the Services that you consider offensive or that you think may violate these Terms of Service, please contact us at support@audiocatch.com so that we may review it. While we have the right to delete or remove from public view any Content for any reason, we also reserve the right not to remove Content that some users consider offensive or in violation of the Terms of Service, but which we do not consider offensive or in violation of the Terms of Service.

5. Your Rights

You retain any ownership, license or other rights you may have to any Content you submit, post or display on or through the Services (unless otherwise agreed to pursuant to a Gig (as defined below)). By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, transferable, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works, display, perform and distribute such Content, and combine it with other Content, and all derivative works of such Content, in any and all media via any and all distribution methods, now known or later developed.

You agree that this license includes the right for Provider to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services. Such additional uses by Provider, or other companies, organizations or individuals who partner with Provider, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcast or distributed by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. The Provider will not be responsible or liable for any use of your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Provider’s Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of the Provider and its licensors. The Services are protected by copyright, trademark, and other laws of the United States and other countries around the world. Nothing in the Terms gives you a right to use the Audio Catch name or any of the Provider’s trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Provider or the Services is entirely voluntary and the Provider will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have the obligation) to remove or refuse to distribute any Content on the Services and to terminate users and reclaim user names. We also reserve the right to access, read, preserve, and disclose any Content or other information for any reason in our sole discretion, including without limitation to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Provider, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, the Provider’s computer systems, or the technical delivery systems of the website’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available interfaces published by the Provider (and only pursuant to those interfaces), unless you have been specifically allowed to do so in a separate written agreement with the Provider; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

8. “Gig” Rules

A user who creates a Gig pursuant to the rules set forth below shall be a “Client” for the purposes of such Gig. A user who develops sound assets (“Works”) for a Gig shall be an “Artist” for the purposes of such Gig.

If you would like to create a Gig for Artists to submit music, sound effects or voiceovers customized to your specifications and compete for a cash prize set by you (a “Gig”), then you will need to provide certain information regarding the desired sound asset and your intended use for such sound asset in order to create your Gig. These terms, the Privacy Policy and any other terms and conditions set forth on our site will govern your Gig.

Any Artist participating in any Gig listed agrees that all Work they submit for consideration to the Client is either an original composition created by the Artist and thus fully owned by the Artist, is a previous work entirely owned by the Artist, contains loops, samples, or any third party segment which the Artist has a right to incorporate, assemble, mix, copy, or otherwise use in their submission in a Work intended for sale or license, or is in other ways completely free of ownership or copyright infringement which would conflict with the rights in the Work the Client is seeking.

   A. Creating Your Gig

After you have registered on the Audio Catch site, you will be assigned an Audio Catch Profile which you may use to create and manage your Gigs. In order to create a Gig, Client will need to define the details of the sound assets and the type of legal rights that you would like in such sound asset. Our site will guide Client through a series of fields some of which will be mandatory and others optional in order for Client to define his desired sound asset. Client will set the cash prize for the Gig, and once the Client has paid Audio Catch, the Gig will begin.

Client will be required to provide certain standard terms for his Gig, including the following: (1) name of Gig; (2) type of sound asset requested: music, sound effects or voiceover; (3) length of requested sound track; (4) duration of the Gig from start to finish (This does not include an automatic refinement extension attached at the end of the Gig.); (5) format of the sound track; and (6) whether or not the Gig will be transparent. Transparancy will be the default setting if not otherwise indicated by Client. For an additional fee, we will permit Client to set the Gig as “Not Transparent” which will prevent visitors to our site from viewing Client’s Gig and participating Artists from listening to each other’s submissions.

Depending on the sound asset which Client is requesting, Client will be able to provide descriptive tags which will help describe the sound asset and help participating Artists find appropriate Gigs for their skills by using various filters. Examples of such tags include the following: (1) music: subtype, genre, mood, style, instruments and other; (2) sound effects: purpose; and (3) voiceover: gender, age, language and accent.

Additional tools which will assist Client in optimizing the results of his Gig include: providing lyrics which Client has written for the requested music in an open note format; uploading materials such as storyboards, images or descriptive text; providing any other information, in an open note format; and uploading links to other websites with sound tracks which convey the essence of the sound that Client is looking for.

Client will also be required to state what media rights he seeks regarding the winning submission of the Gig, including one of the following: (1) “Buyout” – Transfer or assignment by Artist of all rights in submission and a grant of a license back to the Artist solely for use in his portfolio; or (2) “License” – Client specifies attributes of the License including, exclusive or non-exclusive, duration of years, geographic territory, purpose, and limitations (e.g., may only be used for specific media).

Depending on the media rights which Client is seeking and the type of sound asset Client is requesting, we will set a range of prizes, including a minimum prize. Client will be able to set the prize amount, subject to the minimum which we designate. We will then assign a rating based on the range which we provide.

   B. During Your Gig

Once the Gig has begun, Artists will review the information which Client has posted and prepare samples and/or completed works and upload them to our site. Each Artist may only submit one submission at a time, with new uploaded tracks replacing the current track on the site. Each submission will contain an audio watermark to protect submissions from being recorded by listeners without approval or compensation.

Client will be able to listen to all submissions as soon as they are posted and either eliminate an Artist from the competition or provide feedback to the Artist in order to fine tune the submission through the use of our Audio Catch Annotation Tool. This tool will permit Client to select a specific timestamp and attach notes to specific sections of the track for precise feedback.

   C. After Your Gig

Client will have 7 days following the end of the Gig to select a winning submission. All Gigs will be automatically extended for 7 days following the termination of the Gig during which extended period Client and the winning Artist can continue to use our site for music submission, annotation and collaboration (the “Automatic Refinement Period”). This period is intended to provide Client and the Artist an opportunity to include any final refinements to the winning submission, and may be terminated early by Client at any time.

Following the Automatic Refinement Period, we will pay the Artist and upon such payment by us to the Artist: (1) if the Artist assigns the Work pursuant to a Buyout, the Artist, in consideration of the payment by us, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells, assigns and transfers to Client, its successors, assigns and legal representatives, Client’s entire right, title and interest in and to the Work, now owned or hereafter acquired, for the United States and its territorial possessions and in all foreign countries, and in and to any and all improvements, works of authorship and processes embodied therein, and any and all intellectual property rights and any legal equivalent thereof, including the right to apply for, register, or claim priority in, letters patent, copyrights, mask work, trademark, trade secret and other intellectual property protection, and to enforce such rights, title and interest by lawsuit or otherwise; and if such Work may be properly classified under the U.S. Copyright Act as “works made for hire” created by an independent contractor, the parties agree that the Work is a “work made for hire” and Client shall be considered the “author” and owner of the Work; and (2) if the Artist licenses the Work, the Artist, in consideration of the payment by us, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Artist hereby grants to Client, and its successors, assigns and legal representatives, a license (exclusive or non-exclusive) as designated by Client on the Media Rights Transfer Form to (A) use, copy, distribute, make derivative works of, and make available via any form of distribution or publication now known or hereafter invented, the Work, and derivative works thereof; and (B) use on or in connection with the Work any trademark or service mark registrations that the Artist now has or may subsequently obtain (the “Marks”). All use of the Marks and the goodwill generated thereby shall inure to the benefit of the Artist.

Client represents and warrants that it will not use the Work or permit the Work to be used in connection with or to promote any product, service or activity that is illegal, that violates or infringes upon the rights of any other person, that is or may be considered by others to be abusive, profane, pornographic, or sexually offensive, or that contains errors.

If the Client is not satisfied with any submissions on the termination of the Gig or with the winning submission following the [Automatic Refinement Period], Client may notify Audio Catch by email at the following email address support@audiocatch.com within 10 days following the termination of the Gig and 3 days following the Automatic Refinement Period and, in our reasonable discretion, we will refund all of the fees paid by Client except for any payment transaction fees including Paypal fees and credit card processing fees.

Following the finalization of the Media Rights Form, payment of the Artist by Provider and the Buyout or License of the Work by the Artist to the Client, the Artist and Client agree that all obligations of Provider to Artist and Client in relation to such Gig are terminated.

9. Copyright Policy

The Provider respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Where permitted by applicable law, we may also restore any Content that we have previously removed. In appropriate circumstances, the Provider shall terminate a user’s account if the user is believed to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Audio Catch LLC
1603 Ocean Ave Suite 1
Seal Beach, CA 90740
Email: copyright@audiocatch.com

10. The Services are Provided "As-Is" and "As Available"

YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE PROVIDER, ITS PARTNERS AND THEIR LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, AND THE CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES, OR ANY CONTENT THEREON. THE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT THE PROVIDER HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT, AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES 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 THE PROVIDER, THROUGH THE SERVICES OR OTHERWISE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

11. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Provider is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER, ITS PARTNERS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, DATA, USE, GOOD WILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

14. Waiver and Severability

The failure of either party 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, the remaining provisions of these Terms will remain in full force and effect.

15. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Commonwealth of Pennsylvania, without regard to or application of its conflicts of laws provisions. All claims, legal proceedings or litigation arising in connection with the Services shall be brought solely in the State and Federal Courts located in Philadelphia, Pennsylvania, U.S.A., and you consent to the exclusive jurisdiction of and the exclusive venue in such courts and waive any objection as to inconvenient forum. The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16. Entire Agreement

These Terms, our Privacy Policy and, where applicable, Your California Privacy Rights, are the entire and exclusive agreement between the Provider and you regarding the Services (excluding any services for which you have a separate written agreement with the Provider that expressly states it is in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between the Provider and you regarding the Services.

We may revise these Terms from time to time; the most current version will be at audiocatch.com/help/tos/. If the revision, in our sole discretion, is material we may notify you via an e-mail to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact the Provider at Audio Catch LLC, 1603 Ocean Ave Suite 1, Seal Beach CA 90740, email: support@audiocatch.com.

Privacy Policy

October 2011

Audio Catch LLC respects the privacy of our customers and users of this site. This Privacy Policy identifies the practices of Audio Catch LLC and its affiliates (collectively, “Provider” or “we” or “us”) in the United States as they relate to the collection, maintenance, use and sharing of personal information (which is information that identifies you or is about you) collected through this website.

Personal Information that We Collect

Types of Personal Information We Collect: We may request, collect and store personal information about you that includes:

• Your name
• Your postal address
• Your electronic mail address
• Your telephone number
• Any other information you or anyone else includes in your Content (as that term is defined in the Terms and Conditions)

We may also collect information that is not personal information, such as information about things that interest you.

Effect of Providing Personal Information

By submitting personal information, you agree to be bound by the terms outlined in this Privacy Policy, Your California Privacy Rights and in the Terms and Conditions.

Provider May Share Your Personal Information

The purpose of the Services is to communicate each user’s Content to others. Accordingly, Provider may share your personal information with others, and may publish it to the general public via the Internet and any other means, now known or later developed.

Provider may also share personal information with a third party to provide you with the Services that you have requested.

The Provider may share personal information when we believe that disclosure of personal information is required by law.

The Provider may share personal information when necessary to identify, contact, or bring legal action against someone who may be violating this Privacy Policy, Your California Privacy Rights or our Terms and Conditions.

The Provider may share or transfer personal information with affiliates of Provider, as well as other companies that may purchase the stock or assets of Provider, or that may merge with Provider.

Data Security

While we try to protect the integrity and security of our network and systems, we cannot and do not guarantee that our security measures will prevent unauthorized third-parties (often called "hackers") from obtaining personal information without permission. We will use reasonable efforts to protect your personal information on our internal systems, but hackers or other unauthorized persons may obtain access to your personal information without our permission.

Cookies

This website may employ cookies to store information or track your usage of the website. A “cookie” is a small unit of data sent through web browsers and stored on your computer's hard drive. This site may use cookies to maintain your permissions in password-protected areas and to remember your personally selected preferences. Cookies may also be used to measure and analyze aggregate website traffic and usage. This aggregate information is used to improve our website and customer support services.

Children

We do not knowingly collect personal information from children under the age of 13. If a child has provided us with personal information, we ask that a parent or guardian of the child contact us at our phone number or address stated above, and if we can find it we will delete that child’s personal information.

Cautions and Warnings

Please exercise caution when submitting personal information online. It is your responsibility to maintain the security of your passwords and personal information. Your usage of this website constitutes an acknowledgement and assumption of these risks.
Although we may ask for your personal information on this website in connection with providing you with products and services, we will not ask you for any personal information in any emails. Provider may send you electronic mail messages in accordance with United States law, but you should not respond to any electronic mail messages asking for your personal information, especially if the messages ask for your passwords or credit/debit card information. These messages are often called “phishing,” and they are designed to steal personal information for identity theft and other bad purposes.

How to Contact Provider

To contact Provider regarding this Privacy Policy, please contact the Provider at Audio Catch LLC, 1603 Ocean Ave Suite 1, Seal Beach, CA 90740, or by email at support@audiocatch.com.

Revisions to this Privacy Policy

The Provider reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner, effective upon posting the revised version of this policy on this website.

Prior Version of this Privacy Policy

This is the first version of this Privacy Policy.

Your California Privacy Rights

October 2011

Your California Privacy Rights identifies the practices of Audio Catch LLC and its affiliates (collectively, “Provider”) as they relate to the use and sharing of personal information about California residents collected through this website.

Under the law of the State of California, California residents who provide personal information via a website or other online service, such as this website, may request and obtain from Provider once each calendar year, information about the personal information Provider shared, if any, with other businesses for their own direct marketing uses. Where applicable, this information would include the categories of personal information, and the names and addresses of those businesses with which Provider shared personal information for the prior calendar year.

To obtain from Provider the information specified by California law, please contact the Provider at Audio Catch LLC, 1603 Ocean Ave Suite 1, Seal Beach, CA 90740, or by email at support@audiocatch.com.