Terms of Services
Thank you for your interest in using Soundtorch, which is provided by Accessive Tools GmbH ("Accessive Tools") and offered through the website located at www.soundtorch.com ("Site")
These Terms of Service ("Terms") govern your use of Soundtorch. Please read these Terms carefully.
By using Soundtorch, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use Soundtorch.
1. ANONYMOUS DATA COLLECTION
In principle, you can use Soundtorch without informing us who you are. You only need to tell us a valid email address to set up a Soundtorch account. When Soundtorch is used we automatically register your IP address or the domain name of the user, as well as how many sound files you have viewed with Soundtorch. We use this information to statistically evaluate the usage of Soundtorch and to continuously improve Soundtorch using the gained insights. In this process you will remain anonymous as individual user. Accessive Tools may use the email address provided by the user to inform about updates or news concerning Soundtorch or Accessive Tools.
If you choose to provide technical, business or other feedback to Soundtorch (collectively, "Feedback"), Accessive Tools will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by Accessive Tools of Feedback into any of its products or services does not grant you any proprietary rights therein.
Accessive Tools may suspend your access to all or parts of Soundtorch, without notice, if you violate these Terms or you engage in any conduct that Accessive Tools, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Accessive Tools, any other Soundtorch user, or any third party. You may discontinue using Soundtorch at any time.
4. MODIFICATIONS TO TERMS
Accessive Tools may, in its sole and absolute discretion, change these Terms from time to time. Accessive Tools will post notice of such changes on the Site. If you object to any such changes, your sole recourse will be to cease using Soundtorch. Continued use of Soundtorch following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
5. MODIFICATIONS TO SOUNDTORCH
Accessive Tools reserves the right to modify or discontinue Soundtorch with or without notice to you.
Accessive Tools reserves the right at any time to charge fees for using Soundtorch. If you do not consent to the payment of such fees, you may not have access to using Soundtorch anymore. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply in addition to those specified Terms will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
7. DISCLAIMER OF WARRANTIES
You expressly agree that use of Soundtorch is at your sole risk. Soundtroch is provided on an "as is" and "as available" basis. Accessive Tools expressly disclaims all warranties of any kind, whether express or implied, with respect to soundtorch (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). Accessive tools makes no warranty that Soundtorch will meet your requirements, or that the use of Soundtorch is secure, or error free.
Accessive Tools makes no warranty as to the results that may be obtained from the use of Soundtorch, or as to the accuracy or reliability of any information obtained through Soundtorch, or that defects in Soundtorch will be corrected. You understand and agree that any material and/or information otherwise obtained through the use of Soundtorch is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Accessive Tools or through Soundtorch will create any warranty not expressly made herein.
8. LIMITATION OF LIABILITY
You understand that to the extent permitted under applicable law, under no circumstances will Accessive Tools be liable under any theory of liability (whether in contract, statutory, or otherwise) for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your accounts) use of Soundtorch.
9. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Accessive Tools may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Accessive Tool‘s liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Accessive Tools from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. Accessive Tools reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Accessive Tool’s defense of such claim.
"Soundtorch" and the Soundtorch logo, and certain other of the names, logos, and materials displayed on the Site, constitute trademarks, trade names, or service marks ("Marks") of Soundtorch or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Accessive Tools or those other entities.
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that Accessive Tools makes available through the Site and any additional terms to which you agree when using particular elements of Soundtorch, constitute the entire and exclusive and final statement of the agreement between you and Accessive Tools with respect to the subject matter hereof, and govern your use of Soundtroch, superseding any prior agreements or negotiations between you and Accessive Tools with respect to the subject matter hereof. These Terms and the relationship between you and Accessive Tools will be governed by the laws Germany as applied to agreements made, entered into, and performed entirely in Germany by German residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of Soundtorch will be brought in the Federal or State courts located in Bremen, Germany, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Accessive Tools to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Accessive Tools and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Soundtroch or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of Soundtorch.