Effective Date: 20/05/2023
Acceptance of Terms
Audiosk provides access to this website and its related materials, subject to your agreement to comply with these Terms of Service. By accessing and using this website, you are also bound by our Community Guidelines and any additional terms and conditions (“supplemental terms”) that apply to specific Audiosk projects, products, and services.
When we refer to “Site Materials,” we mean the content, tools, products, services, projects, and activities that are made available or enabled through this website.
It is important to note that this website and the products and services offered by Audiosk are not intended for children. Therefore, we kindly request that children do not provide any personal information, such as their name and email address, to us through this site. By accessing or using this website, you confirm your agreement to abide by these Terms of Service. Furthermore, you certify that you are at least 13 years old, and if you are between 13 and 18 years old, you have obtained the consent of your parent or legal guardian to use this site. If you do not agree to these Terms of Service, please refrain from using or accessing the site.
Intellectual Property Rights
Unless otherwise stated, Audiosk (formerly known as Audiosk’) is the rightful owner of all the content, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Audiosk (collectively referred to as the “Content”). Additionally, the trademarks, service marks, and logos displayed on Audiosk (the “Marks”) are our property and are protected by copyright, trademark laws, intellectual property rights, and unfair competition laws.
We value the protection of our intellectual property, and unless explicitly stated in these Terms of Use, no part of Audiosk, including the Content and Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our express prior written permission.
However, if you are eligible to use Audiosk, we grant you a limited license to access and use Audiosk, as well as permission to download or print a copy of any portion of the Content that you have gained proper access to, solely for your personal, non-commercial use. Please note that all rights not expressly granted to you in relation to Audiosk, the Content, and the Marks are reserved by us.
We appreciate your understanding and compliance with these terms, which are in place to protect our intellectual property rights and ensure fair use of Audiosk.
User Responsibilities
Contribution
By using the site or any site materials, projects, or services, you acknowledge and agree to refrain from engaging in the following activities:
- Transmitting spam, bulk, or unsolicited communications.
- Manipulating headers or other identifiers (including URLs) to disguise the origin of any transmitted content.
- Misrepresenting your identity or affiliation with any person or entity.
- Disrupting the normal flow of dialogue or engaging in behavior that negatively affects other users’ ability to participate in the site, site projects, or services.
- Engaging in activities that violate any fiduciary relationship or applicable local, state, national, or international law.
- Collecting or storing personal data about other users unless specifically authorized to do so by such users.
It is important to approach the use of the site and its associated materials, projects, and services responsibly and with respect for others. By refraining from these activities, you contribute to maintaining a positive and inclusive environment for all users.
Submissions
All contributions and submissions you make to the site, as well as any site projects or services, must adhere to the applicable policies and guidelines. Please consider the following important points regarding your submissions:
- Your submissions should not include unauthorized disclosure of personal information, trade secrets, or any confidential information.
- It is essential that your submissions do not violate anyone’s rights, including intellectual property rights.
- Make sure your submissions do not contain software viruses or any elements intended to disrupt, destroy, or limit the functionality of software, systems, or devices.
- Commercial solicitations should not be included or linked within your submissions.
- Ensure that your submissions do not violate any laws or regulations pertaining to the export or dissemination of information or technology.
- It is important to avoid submitting inaccurate, defamatory, obscene, harassing, or otherwise objectionable content that may lead to third-party legal claims.
Please note that you assume all risks and consequences resulting from any third party’s use of your submissions. By submitting content, you grant us, our licensees, and assigns the perpetual, irrevocable, non-exclusive, and worldwide right (but not the obligation) to use the name associated with the content for any subsequent use of the content.
For submissions where no applicable license is specified, you grant us, our licensees, and assigns the perpetual, irrevocable, non-exclusive, and worldwide right to make any use of the submission that we deem suitable in our sole discretion (e.g., reproduce, edit, display, publish, or distribute in any format or media) without any obligation to you.
It is important to understand that you retain ownership of the copyrights in your submissions, regardless of the license that applies to our use. However, if your submission contains third-party or public-domain content, both you and we shall have the same rights as any member of the public with respect to that content.
If you submit ideas, suggestions, or proposals through our suggestion, user comment, or feedback pages, please be aware that:
- Your submission is not considered confidential or proprietary, and we are not obligated to keep it confidential.
- We have the right to use or disclose the submission for any purpose and in any manner.
- We may already be considering or developing something similar to your submission.
- If we choose to use all or part of your submission, you will not be entitled to any payment or consideration.
We appreciate your understanding and cooperation in adhering to these guidelines for submissions.
Contribution License
By using Audiosk, you consent to the access, storage, processing, and utilization of any information and personal data you provide in accordance with our Privacy Policy and your selected choices and settings.
In regards to submitting suggestions or feedback concerning Audiosk, you acknowledge that we may freely use and share such input for any purpose without owing any compensation to you.
We want to emphasize that your donations are not considered our property. Any contributions you make, including those associated with intellectual property rights or proprietary rights, remain entirely yours. We assume no responsibility for any claims or statements made by you in your contributions to the service. Furthermore, you expressly agree to release us from any liability and waive any legal actions against us in connection with your contributions, as you are solely responsible for them when engaging with Audiosk.
We appreciate your understanding and cooperation, as we strive to maintain a transparent and respectful environment on Audiosk.
Third-Party Website And Content
Audiosk may include links to other websites (“Third Party Websites”) and display articles, photographs, text, graphics, designs, music, sound, videos, applications, software, and other content or items from third parties (“Third-Party Content”). It is important to note that we do not investigate, monitor, or guarantee the accuracy, appropriateness, or completeness of Third Party Websites or Third-Party Content. We hold no responsibility for the Third Party Websites accessed through Audiosk or the Third-Party Content posted on, available through, or installed from Audiosk. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, and other policies associated with Third Party Websites or Third-Party Content.
The inclusion, linking, or use of Third Party Websites or Third-Party Content does not indicate our approval or endorsement. If you choose to leave Audiosk and access Third Party Websites or use/install Third-Party Content, you assume any associated risks, as these Terms of Use will no longer apply. It is advisable to review the relevant terms, policies, privacy practices, and data-gathering procedures of any website you visit from Audiosk or any applications you use/install from Audiosk.
Any purchases you make through Third Party Websites will be conducted on separate websites and involve other companies. We bear no responsibility for such purchases, as they are solely between you and the relevant third party. You acknowledge that we do not endorse the products or services offered on Third Party Websites, and you agree to hold us harmless from any harm resulting from your purchase of such products or services. Furthermore, you agree to hold us harmless from any losses incurred or harm caused to you in connection with Third-Party Content or any interaction with Third Party Websites.
We encourage you to exercise caution and take responsibility for your actions when navigating Third Party Websites or engaging with Third-Party Content. Your well-being and protection remain important to us.
Privacy Policy
We highly value the privacy and security of your data. To ensure transparency, we urge you to carefully review our Privacy Policy, accessible at [Privacy Policy URL]. By using Audiosk, you acknowledge and accept our Privacy Policy, which is an integral part of these Conditions of Use.
Audiosk is hosted in the United States, as you may already know. By continuing to use Audiosk, you are consenting to the transfer of your data to the United States. If you access Audiosk from any other region where the laws or regulations governing the collection, use, or disclosure of personal data differ from those in the United States, you agree to the transfer and processing of your data in the United States.
We take the necessary measures to safeguard your data and comply with applicable data protection laws. Your trust and confidence in our commitment to data privacy are of the utmost importance to us.
Indemnity
You agree to indemnify and hold Audiosk and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these Terms of Service or your violation of any rights of any third party based on or related to your use of the Audiosk site.
Modification and Termination of Services
While you use Audiosk, these Terms of Use will continue to be in full force and effect. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without prior notification or liability, refuse access to and use of Audiosk to anyone for any reason or no reason at all, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. This right includes blocking specific IP addresses.
At any time, without prior notice and at our sole discretion, we may stop allowing you to use or participate in Audiosk or remove any material or information that you have submitted.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
Audiosk’s contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. We are not obligated to update any material on our website, though. Moreover, we retain the right to change or stop offering Audiosk altogether at any time without prior notice. Every time Audiosk is altered, its price is raised, it is suspended, or it is discontinued, we won’t be held responsible to you or any other person.
The availability of Audiosk cannot be guaranteed at all times. We could encounter hardware, software, or other issues or need to carry out maintenance on Audiosk, which might cause disruptions, delays, or mistakes. Without giving you prior notice, we retain the right to suspend, stop, change, amend, or otherwise modify Audiosk at any time and for any reason.
You acknowledge that we are under no obligation to compensate you for any loss, harm, or inconvenience resulting from your inability to use or access Audiosk while it is unavailable or inactive. Nothing in these Conditions of Use shall be deemed to oblige us to provide any updates, releases, or corrections in connection with Audiosk or to maintain and support Audiosk.
Governing Law
The laws of the United States, which apply to contracts made and to be fully executed within the United States, shall govern these Terms of Use and your use of Audiosk. These laws, without regard to their conflict of law provisions, serve as the foundation for establishing the rights, obligations, and responsibilities between you and Audiosk. By agreeing to these Terms of Use By using Audiosk, you acknowledge and accept the application of United States laws in relation to your use of the platform.
By using Audiosk, you agree to abide by the laws of the United States and the provisions outlined in these Terms of Use. These laws provide the basis for the rights and obligations that govern your use of Audiosk and ensure a fair and equitable relationship between you and Audiosk. Should any disputes or conflicts arise, the laws of the United States will be applied to resolve them in a just and appropriate manner.
Corrections
Audiosk strives to provide accurate and up-to-date information on its platform. However, it is possible that Swipe Garden may contain typographical mistakes, inaccuracies, or omissions in relation to product descriptions, prices, availability, or other information. We want to ensure transparency and accountability, which is why we retain the right to make alterations or updates to the information on Audiosk at any time, without prior notice, in order to rectify any such mistakes, inaccuracies, or omissions.
If you come across any discrepancies or believe that certain information on Audiosk requires correction, we encourage you to contact our support team. Your feedback is valuable in helping us enhance the quality and accuracy of the information provided on Audiosk.
Limitations Of Liability
Audiosk values the trust and satisfaction of its users, and we strive to provide a reliable and secure platform. However, it’s important to note that, to the fullest extent permitted by law, we, along with our directors, employees, and agents, cannot be held liable for any damages that may arise from your use of the website, even if we have been informed of the possibility of such damages.
In no event shall Audiosk or its representatives be responsible for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or other damages that may occur as a result of your use of the website.
Please note that the limitations on liability mentioned here apply within the boundaries of the law. Some jurisdictions may not allow the exclusion or limitation of certain types of damages, so the aforementioned limitations may not fully apply to you. However, to the extent permitted by law, our liability shall be limited to the maximum extent allowed by applicable laws and regulations.
Electronic Communications, Transactions, And Signatures
Audiosk recognizes electronic communication as a valid means of exchanging messages. This includes any emails, online form submissions, or messages sent to us through Swipe Garden. By using our website, you agree that all agreements, disclosures, notices, and other communications that we provide to you electronically, whether through email or Swipe Garden, meet any legal requirements that such communications be in writing. You also agree to receive electronic communications from us.
In addition, you agree to the use of electronic records, signatures, contracts, orders, and other transactional documents and to the electronic delivery of policies, notices, and transactional records that are initiated or completed by us or via Swipe Garden. By agreeing to these terms, you waive any requirements under any laws or regulations that may require a physical signature or delivery of non-electronic records, payments, or the granting of credits.
Contact Us
For any inquiries or concerns regarding the Terms and Conditions, please feel free to reach out to us at [email protected]. We are here to provide you with further information and assistance.