Terms & Conditions for Audoji Inc.

These terms and conditions of use for Audoji Inc. constitute a legal agreement and are entered into by and between you and Audoji Inc. ("Company," "we," "us," "our"). Please read them carefully. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through the Audoji Platform and any and all associated websites, Platforms, applications, social media accounts, etc. (collectively, the "Platform"). By using the Platform, you automatically agree to be bound by these Terms and Conditions. If you do not agree with the terms then you must not use the Platform or access any content.

BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [INSERT LINK TO PRIVACY POLICY], INCORPORATED HEREIN BY REFERENCE.

Modifications to the Terms and Conditions and to the Platform
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You will be notified of any changes to the Terms and Conditions and also agree to periodically review the Terms and Conditions in order to be aware of any such modifications. Your continued use of the Platform shall be your acceptance of any and all modifications.
Account Set-up and Use of the Platform and Security
  1. Account Set-up:

    You may need to create an account to use all or part of the Platform. Your username and password are for your personal use only and should be kept confidential. The safety and security of your information depends on you. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify us immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. Users are required to ensure that all persons who access the Platform through a user’s internet connection are aware of these Terms and Conditions and comply with them.

    We reserve the right at any time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

  2. Use of the Platform:

    As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.

    The following content standards apply to any and all content, material, and information, including the Content and any name, image, likeness and biographical information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Platform or to other users or persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

    Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:

    • In any manner violate any applicable federal, provincial, local, or international law or regulation or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at privacy policy
    • In any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.
    • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
    • Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
    • Involve, provide, or contribute any false, inaccurate, or misleading information.
    • Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards.
    • Attempt to reproduce, recreate, steal, reverse engineer, or modify any algorithm used by the Company.
    • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
    • Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
    • Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
    • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    • Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
  3. Security:

    Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

    The registration information you provide and any submissions you make to the Platform through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at privacy policy.

Intellectual Property Rights and Ownership

If you upload, post, or otherwise contribute any and all Content to the Platform, including musical compositions and sound recordings (collectively, the “Content” or “User Content”), you confirm that you own and/or exclusively control such Content and have all rights required to reproduce such Content. For the avoidance of doubt, Content includes all music, information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Platform by users. You further confirm that such Content, or its use by Audoji pursuant to the license granted below, does not: (i) violate these Terms and Conditions, applicable law, or the intellectual property or other rights of any third party; or (ii) such Content does not imply any affiliation with or endorsement of you or your Content by Audoji or any artist, band, label, or other individual or entity without the prior express written consent from Audoji or such individual or entity.

Audoji respects intellectual property rights. If you believe that your Content has been used in a way that infringes your rights, you may request its removal by contacting Audoji with relevant details. Audoji retains the sole discretionary right to remove such Content.

Audoji may, but has no obligation to, monitor or review User Content. Audoji reserves the right to remove or disable access to any Content for any or no reason at any time. Audoji may take these actions without prior notification to you.

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, trademarks, photographs, images, video, broadcast, design, presentation, Platform layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform.

You are not permitted to modify copies of any materials from the Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

Licenses that you grant to us

You retain ownership of your User Content when you post it to the Platform. However, by uploading Content you grant Audoji a non-exclusive, worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, for the purpose of providing the services offered by Audoji, including but not limited to any musical Content. You further agree to waive any moral rights (or any similar rights) as a condition of submitting any User Content, including any and all musical content. None of the User Content you submit to the Platform will be subject to any confidentiality by the Company We may use any User Content, including but not limited to the Content (including musical content), and your name, image, likeness, and biographical information, for our marketing and promotional purposes, at our discretion.

You also grant us the right to allow the Platform to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the Platform.

By uploading User Content, you declare, represent and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the license to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Content and comply with these Terms and Conditions. You will not upload any Content, including musical content, that you do not either own or exclusively control.

You understand and agree that you, not the Company nor any affiliates of the Company, are fully responsible for any Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such Content, including but not limited to infringement claims. We are not responsible or legally liable to any third party for the Content or accuracy of any User Content submitted by you or any other user of the Platform.

Data Privacy

By submitting your personal information and using the Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at privacy policy , as we deem necessary for use of the Website and provision of services.

By using the Platform you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on this automated information gathering practices, see privacy policy.

Geographic Restrictions

The owner of the Platform is based in the Province of Nova Scotia, Canada. The Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR PLATFORM LINKED TO IT.

Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM IS TO UNINSTALL ANY AUDOJI SOFTWARE AND TO STOP USING THE PLATFORM. UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, your User Content, third-party sites, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Nova Scotia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the Platform and under these Terms and Conditions will be instituted in the courts of the Province of Nova Scotia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy and any other related policies or documents associated with the Website constitute the sole and entire agreement between you and Audoji Inc. regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Reporting and Contact

This website is operated by Audoji Inc.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at hello@audojiapp.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@audojiapp.com.