1. HIGHLIGHTS OF THE TERMS
Ourdio offers services that help make your music experience more fun; however:
- We make no warranties and are not liable for your use of the Services
- We may terminate your account if the terms are violated
- The service is not intended for children under 13
- Contact our support team for help or questions
PLEASE READ THE FULL TERMS CAREFULLY BEFORE USING THE OURDIO SERVICES AS THEY ARE A LEGAL DOCUMENT WHICH GOVERNS YOUR RIGHTS AND RESPONSIBILITIES.
BY USING THE SERVICES, YOU AGREE TO THE TERMS AND ALL REVISIONS THEREOF. IF YOU DO NOT AGREE – DO NOT USE THE SERVICES.
Effective July 1, 2014.
2. THE OURDIO SERVICES
OURDIO IVS is a limited company, incorporated under Danish law with the Danish Commerce and Companies Agency, company registration number (cvr.no) 36061219, having its registered address at C.F. Møllers Allé 34, 8., 2300 Copenhagen S, Denmark (“OURDIO” or “we”).
OURDIO offers Services that help you to make your music experience more fun. Services are rendered to and accessed by you via the Internet or other data transmission facilities or carriers by use of an applicable device (computer, mobile phone etc.) (“Device”) of your own choice. Your carrier’s normal rates and fees apply.
2.1 Age Restrictions
The Services are intended solely for Users who are thirteen (13) years of age or older and it is a violation of the Terms for anyone under 13 to register for the Platform. Thus, you represent and warrant that you are 13 or older. If you are 13 or older, but under the age of 18, you must re-view the Terms with you parent(s) or legal guardian(s) to ensure that both you and your par-ent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child, agrees and accepts full responsibility for his or her child’s use of the Services, including all financial charges and legal liability that such child may incur.
4. DISLAIMER OF WARRANTIES AND LIABILITY
4.1 All Services provided “AS IS”.
The Services are provided “AS IS” without any express or implied warranties of any kind. OUR-DIO disclaims all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. OURDIO cannot guarantee that use of the Services will be timely, unin-terrupted, secure or error-free, that any defects, errors or malfunctions will be corrected, that the Services or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, OURDIO undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise. OURDIO is not liable for any commu-nications between OURDIO and you. You bear the responsibility and cost of your choice of data transmission facilities. However, your carrier’s normal rates and fees apply.
4.2 Limitation of liability
To the fullest extent permitted by law, OURDIO, its subsidiaries, affiliates, officers, agents, rep-resentatives, employees, partners and licensors (“Released Parties”) shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if OURDIO has been advised of the possibility of such damages. That said if OURDIO is found to be liable to you for any dam-age or loss which is in any way connected with your use of the Services or any content, OURDI-O’s liability shall not exceed the subscription fees paid by you for the Use of the Services or DKK 1.000 whichever is the higher. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequen-tial damages, so the above limitation or exclusion may not apply to you in its entirety. Howev-er, you agree the provisions of liability will be limited to the extent permitted by law.
If links are established to a third-party website, OURDIO is not liable for the contents of such third-party websites. This includes links to partner’s website that may use OURDIO’s logos as part of a co-branding agreement.
You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of the Ser-vices and / or Content and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
5. INTELLECTUAL PROPERTY RIGHTS – USE RESTRICTIONS
All Intellectual Property to Content as defined below (except from User Generated Content) featured or displayed on the Site or via the Services, is the property of OURDIO, its subsidiaries or OURDIO’s business partners and is protected under Danish and other copyright laws, patent and trademark laws and other legislation. “Content” includes but is not limited to logos, trade-marks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustra-tions, interfaces, Software data etc. incorporated into, accompanying or generated by the Soft-ware. OURDIO, its subsidiaries and its respective partners reserves all rights to Content not expressly granted under these Terms. The OURDIO name, the OURDIO logo and avatar and other OURDIO logos and product and names related to the Services are the exclusive trade-marks of, and are owned by, OURDIO and may not be used or displayed in any manner without the prior written permission from OURDIO.
If you download Software, including any other Content, from the Site, associated sites and/or distribution channels, the Software is licensed to you by OURDIO. OURDIO does not transfer title to the Software to you. THE LICENSE TO USE THE SOFTWARE AND SERVICES IS LIMITED, PERSONALLY, NON-EXCLUSIVE AND NON-TRANSFERABLE.
You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any securi-ty interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.
6. USER CONDUCT AND USER GENERATED CONTENT
To use all the Services available, you must create an OURDIO account either by direct sign up via the Site or by usage of another sign up feature made available by OURDIO via the Services. Any signup is subject to you providing the true, accurate and complete personal information (“User Data”) as prompted by the relevant sign up feature. You undertake to keep your User Data accurate and current and thus without undue delay update your User Data when rele-vant.
You are responsible for any actions that take place while using your OURDIO account. Keep your username and password secure and do not allow anyone else to use them to access the Services. OURDIO is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
Any content that you and other Users post or otherwise make available on or through the Ser-vices, except such Content owned by OURDIO, its subsidiaries business partners, shall be deemed “User Generated Content”, including communications (votes, comments, shares etc.), materials, information, data, profiles, messages, notes, links to websites, text information, pho-tos, music, videos, designs, graphics, sounds, and any other content.
All User Generated Content submitted by you on the Site or via the Services will be considered non-confidential and non-exclusive. You grant to OURDIO a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or oth-erwise, including the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute, assign and commercialize without any payment due to you. Provided, how-ever, that such use shall be conducted with due respect to your privacy as described in the Pri-vacy Policy.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray OURDIO, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objec-tionable material.
You agree not to use the Services to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.
6.1 User Interaction Disclaimer
You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to votes, comments, shares etc. OURDIO assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with other Users on the Platform, and conduct any necessary investigation before meeting another person. OURDIO is under no obligation to become involved in any disputes between Users, but may do so at its own discretion. If OURDIO chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.
OURDIO do not monitor or prescreen User Generated Content prior to posting. OURDIO do not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Services.
OURDIO reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate your account for any reason.
You acknowledge, consent and agree that OURDIO may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Con-tent violates the rights of third parties or protect the rights, property or personal safety of OURDIO, its Users and the public.
7. THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS
OURDIO may choose at any time to have its business partners’ and other third parties’ prod-ucts, services, advertisements and other offers made available via the Services. Any such offer-ings made available to you, even if co-branded with OURDIO, are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contract-ing directly with the applicable business partner or third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. OURDIO shall not be responsible or liable for the performance or nonperformance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.
OURDIO reserves the right to change, discontinue and / or terminate any and all Services at any time without notice.
OURDIO may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any Users account and User Generated Content and further to restrict Users use of all or any part of the Services. OURDIO also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is dis-played outside your profile, in activity feeds, in other parts of the Services, or on other plat-forms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other plat-forms even after your User Generated Content is removed or your account is terminated.
10. OURDIO SUBSCRIPTIONS
OURDIO Silver and Gold are a set of premium services provided to the Users.
By signing up to OURDIO Silver or Gold, you agree to the Terms, including the supplementary terms and conditions in this Chapter. Furthermore your sign up and continuous subscription is contingent on you providing OURDIO adequate and correct payment information and pay due subscription fees and any other incurred charges.
10.2 Waiver of right of withdrawal.
In order for OURDIO to ensure your immediate access to all the services of Silver and Gold, you agree and accept that by ordering Silver or Gold, you waive your right to a 14 days right of withdrawal.
10.3 Payment for OURDIO Premium.
A non-recurring fee is paid in accordance with the subscription of your choice, and is drawn from the payment option you submit to OURDIO upon sign up to OURDIO Silver or Gold.
Payment will be made by a valid credit card accepted by OURDIO via PayPal or via the Apple App Store or Google Play, where applicable. Hence, you authorize us to charge your chosen payment option for your subscription fee. Should your payment option fail, we will make rea-sonable efforts to resolve the issue, and notify you of the failure. However, if the issue is not resolved, we will disable your Silver or Gold subscription until payment is received. All amounts paid for the OURDIO Silver and Gold services, including prepayments, are non-refundable.
10.4 Termination notice.
If you signed up to OURDIO Silver or Gold from the OURDIO website, termination is done via your personal ‘Settings’ page on the Site by choosing ‘Cancel subscription’ under the ‘Subscrip-tion’ menu.
10.5 Discount and coupon codes
If you have received a discount or coupon code to OURDIO Silver or Gold, the following terms and conditions apply in addition to the terms and conditions of a specific discount or coupon code:
10.5.1 To redeem a discount or coupon code
Log in to ourd.io, visit www.ourd.io/profile/, choose a plan, click UPGRADE and insert the coupon code in the purchasing process. All discounts and coupon codes can only be applied when subscribing to OURDIO Silver or Gold and they can only be applied to accounts that are not already subscribing to OURDIO Silver or Gold. Discounts and coupon codes cannot be combined with any other cash-off price, sales, promotion or coupon. Discounts and coupons cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method is required to redeem a discount or coupon code. It is the user’s own respon-sibility to use a discount or coupon code before it expires, and expired discounts and coupon codes cannot be refunded or extended. It is also the user’s responsibility to terminate the sub-scription before the end of a free or discounted period if the user does not want to continue with a subscription at the regular price. The terms and conditions of a specific Coupon may set out restrictions on the use of the coupon including but not limited to: the type of plan, duration of free or discounted subscription, coupon validity dates, and/or purchase quantities. OURDIO reserves the right to cancel discounts and coupon promotions at any time.
No refunds are made upon termination.
11. SEVERABILITY AND PERSEVERANCE
Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remain-der of the Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
OURDIO only may assign its rights and obligations under these Terms to any party at any time without notice to you.
OURDIO may use subcontractors to perform the Services. Such subcontracting parties shall comply with the applicable provisions of the Terms.
The use of the Services shall not construe any joint venture, partnership, employment or agen-cy relationship exists between you and OURDIO.
OURDIO is entitled to revise these Terms at any time. OURDIO will inform you hereof by mail, on the Site, via the Services and / or by other means deemed appropriate and adequate by OURDIO.
OURDIO’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
13. APPLICABLE LAW
Services are rendered to you under and in accordance with Danish law. Any dispute between you and OURDIO is governed in all respects by Danish law, without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods (CISG).
You agree that any notice, agreement or other disclosed communication that OURDIO sends you electronically will satisfy any legal communication requirements, including that such com-munications be in writing.
14. CONTACT AND NOTICES
All notifications, questions and comments to OURDIO relating to these Terms can be submitted via e-mail firstname.lastname@example.org