Terms & Conditions
AUDIOGO WEBSITE CONDITIONS OF USE
Last Updated: June 20, 2012
Welcome to the AudioGO website (the “Site”) operated by Chivers North America, Inc. d/b/a AudioGO or its affiliates or subsidiaries (“AudioGO”, “we”, “us” or “our”). Access to the Site is offered to you conditioned on your acceptance without modification of the following conditions of use (“Conditions of Use”). Please read the following Conditions of Use carefully before using this Site. By using and/or purchasing from this Site, you wholly agree and accept these Conditions of Use. If you do not agree to these Conditions of Use, do not use this Site.
Please note that these Conditions of Use are subject to change. When we change these Conditions of Use, the “Last Updated” line above will be revised. It is your responsibility to check these Conditions of Use regularly in case there are any changes. Your continued use of the Site following the posting of changes to these Conditions of Use indicates your acceptance of those changes. Unless we provide you with specific notice, no changes to these Conditions of Use will apply retroactively. If you have any questions regarding the Conditions of Use, please contact email@example.com.
1 ABOUT US
1.1 We are a company registered in the US and UK. Our US registered office is 42 Whitecap Drive, North Kingstown, Rhode Island, 02852 under company number 042587469.
1.2 If you have any questions about us, our Site, products that we offer, or these Conditions of Use, please contact us by writing to the above address or emailing us at firstname.lastname@example.org.
2 AVAILABILITY OUTSIDE OF THE UNITED STATES
2.1 We are often able to accept orders from residents outside of the United States, but there are license restrictions on our ability to accept orders from, or make deliveries to, certain countries. These restrictions may vary depending on the product that you wish to order, and will normally be displayed on the web pages for the relevant products. See Section 12 (EXPORTS & IMPORT DUTY) for more information on orders made from outside the United States, or contact email@example.com if you have any questions.
3 YOUR STATUS
3.1 By placing an order through our Site, you confirm that you are legally capable of entering into binding contracts, you are at least 18 years old, and the information that you have provided to us is correct and complete.
3.2 Our products are not generally age-restricted. However, some products may contain material that is not appropriate for some users. If you order an age-restricted product you are confirming to us that you are over the age limit for that product. It is your responsibility to ensure that the intended recipient of any product is of a suitable age. We urge you to act responsibly when choosing products for use by others.
4 ACCESSING & USING THE SITE
4.1 The Site is for personal and non-commercial use only. You must not use the Site for any other purpose.
4.2 You must not attempt to interfere with the proper working of the Site.
4.3 We may periodically withdraw, suspend or modify the Site or certain features or parts of the Site where we have reason to do so. There may also be times when the Site or certain features or parts of the Site become unavailable on an unscheduled basis. We will not be liable to you for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any service available on or through the Site on a temporary or permanent basis.
5 YOUR USER ACCOUNT
5.1 To buy products from the Site, you must be registered with us. You may register and create an account on the Site by clicking on the My Account link and following the on-screen prompts. Providing false, incomplete or incorrect details may result in rejection of any orders you make. You agree not to use a false or misleading name or a name that you are not authorized to use.
5.2 When registering you will create a username and password for your account. You agree not to share your username or password with anyone. You are responsible for all use of your username, password, and your account. You must tell us immediately of any unauthorized use that comes to your attention.
5.3 We may suspend or terminate your account if it appears to us that you are, or your account has been used, in breach of these Conditions of Use (including by providing false registration details or other misuse of the Site). If your account is suspended or terminated, you must not re-register on the Site without our approval.
6 HOW TO MAKE A PURCHASE
6.1 Once you find a product that you wish to purchase on the Site, you can place an order by following the on-screen directions. You will be charged for your order as soon as it is placed. All orders that you make are subject to acceptance by AudioGO and availability. Your order constitutes an offer to buy a product.
6.2 After placing an order, you will receive an email acknowledging that we have received your order. The email will state the product(s) you have ordered, the cost (including tax and delivery charges), and delivery and invoice details. Although your order is acknowledged at this time, please be aware that there are occasions when some or all of your order will be refused by us at a later time, including, without limitation, for the reasons set out below in this Section 6, and in Sections 2 (AVAILABILITY OUTSIDE OF THE UNITED STATES) and 7 (AVAILABILITY & PRE-ORDERS).
6.3 If for any reason (such as stock limitations) we are unable to process your order after it has been acknowledged, we will notify you of this as soon as reasonably possible.
6.4 There may be situations where, after you have placed your order, there is a change to the expected delivery date or features of a product, or the price increases for reasons outside of our control. It may also be that, by mistake, we have not stated the correct information about a product or the correct price. Where this happens we will let you know the correct information so that you can decide whether you wish to continue with an order for the product on the basis of the corrected information. If you decide not to continue with an order, you may cancel your order in accordance with the terms of Section 13 (CANCELLING YOUR ORDER & REFUNDS—PHYSICAL PRODUCTS).
7 AVAILABILITY & PRE-ORDERS
7.1 We try to make sure that accurate availability and delivery information is displayed on our Site. However, we may occasionally be unable to supply a particular product despite it being shown as in stock; we will let you know if this applies to you as soon as reasonably possible.
7.2 Where a product is shown on the Site prior to general release of such product, the information and price for that product will be subject to change, and availability cannot be confirmed until we have received the product. If the price for a pre-released product that you have ordered increases, we will let you know the correct price so that you can decide whether to continue with your order at that price.
8 DELIVERY - PHYSICAL PRODUCTS
8.1 Where we accept an order from you for a physical product (as opposed to a download), if no ship date or in-stock date is stated by us, we will ship your order within 21 days of the date we acknowledge your order (unless there are exceptional circumstances). If you do not receive your order within 14 days of when it is expected, please contact firstname.lastname@example.org. Please note that pre-orders and out-of-stock items may take longer to ship.
8.2 Delivery will be made to the address specified when you placed the order, which must be the same as the address of your payment card.
8.3 We use a variety of delivery methods depending upon the delivery address and nature of the products that you have ordered. Sometimes a signature will be required at delivery. If no one is able to sign for a delivery, the courier will normally give you a period within which to rearrange delivery. If you do not do so within this period, your order may be returned to us. If your order is returned to us, we will treat it in accordance with Section 13 (CANCELLING YOUR ORDER & REFUNDS—PHYSICAL PRODUCTS) and you may need to make a new order.
8.4 Ownership of a physical product that you have ordered will pass to you on the later of (i) when we ship it, or (ii) once we have received full cleared payment for the product and any related delivery charges.
9 DELIVERY - DOWNLOADS
9.1 Audio downloads, and other digital products that we offer for download, will only be made available for you to download once your payment has been authorized.
9.2 We make downloads available in the ‘My Download Library’ portion of the Site, which is accessible from the ‘My Account’ page on our Site. You will need your own Internet connection to access the download and sufficient free space on your computer’s hard drive to store and use it.
9.3 Once your order for a download is accepted, it will be available for you to download over a period of at least 3 three months from the date of your purchase (subject to periods of unavailability of the Site according to Section 4.3 (ACCESSING & USING THE SITE)). You may be unable to access the download after this period. We do not normally apply restrictions to the number of times that you can access a download on the Site, but we do monitor your access; if your history of accessing a download suggests to us that you are in breach of Section 10 (PROTECTION OF INTELLECTUAL PROPERTY), we may suspend or terminate your account and access to all downloads.
10 PROTECTION OF INTELLECTUAL PROPERTY
10.1 When you purchase a product from the Site, AudioGO grants you a limited, revocable, non-exclusive, non-transferable license to use such product solely for your personal, non-commercial use. You agree not to otherwise copy, reproduce, distribute or use the product other than as expressly set forth in these Conditions of Use. You will not sell, transfer, lease, modify, distribute or publicly perform the product in any manner and you will not exploit it commercially. In particular, you must not upload anything that you have obtained from us to a network or file-sharing service. You agree not to decompile, disassemble, reverse engineer, or otherwise tamper with the product or create derivate works therefrom. The license to the product you purchase will continue for as long as your copy of the product exists pursuant to these Conditions of Use.
10.2 We will cooperate with our suppliers to stop any breach by you of these Conditions of Use, including, without limitation, cancelling your account and ability to access downloads on our Site, and identifying you to the applicable supplier. You may face legal action if you breach intellectual property rights, or usage restrictions that apply.
10.3 Some products include security technology to protect them from misuse and may also have particular usage restrictions in addition to those contained in these Conditions of Use. Any usage restrictions beyond those contained in these Conditions of Use will be stated on our Site where the product is advertised.
10.4 Except for the limited license set forth in the first sentence of Section 10.1 above, all rights, title, and interest in the products that we offer on the Site or provide to you are reserved and retained by AudioGO, our digital content providers, or our licensors. You do not acquire any ownership rights in the products as a result of downloading such products.
11 PRICE, TAXES, FEES AND PAYMENT
11.1 AudioGO aims to provide correct pricing of products and delivery charges on our Site. Despite our best efforts, on rare occasions inaccurate pricing information may be displayed on the Site. If a product’s correct price is lower than our stated price, we will charge you the lower amount and ship you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We reserve the right to change prices without prior notice at any time prior to shipping.
11.2 Prices listed on the Site do not include sales tax. Prior to submitting your order you will have the opportunity to review product prices and any applicable sales tax, shipping, and handling charges. Prices are exclusive of, and you are obligated to pay, all taxes, duties, levies or fees, or other similar charges imposed on AudioGO or on you by any taxing authority (other than taxes imposed on AudioGO’s income) related to your order.
11.3 Products that are sent by us to addresses outside of the United States are often not subject to sales tax. However, if your order is for delivery outside the United States, it may be subject to import duties and taxes. You will be responsible for all such import duties and taxes. We have no control over these charges and cannot predict their amount. If you have any questions, please contact your local customs office before placing an order.
11.4 Prices on the Site exclude delivery charges, which will be added to the total amount of your order. We do not add a delivery charge to downloads.
11.5 Payment must be by credit or debit card or through the PayPal, Google Checkout or other payment options available on or specified on the Site.
11.6 All credit and charge card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, your order will not be accepted and AudioGO will not be responsible for any delay or non-delivery.
12 EXPORTS & IMPORT DUTY
12.1 You understand and acknowledge that products on the Site are subject to United States and other national export and import regulations. You hereby certify that you are not a citizen or party of a country that is subject to trade control embargoes, sanctions, prohibitions or restrictions, including any country identified in country groups D:1, E:1 and E:2, or Supplement No. 1 to Part 740 of the U.S. Export Administration Regulations, see http://www.access.gpo.gov/bis/ear/pdf/740spir.pdf, without having first obtained required government authorization.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. AudioGO may suspend performance if you are in violation of any applicable laws or regulations. We will not be liable for any breach by you of any laws or regulations.
13 CANCELLATIONS AND REFUNDS
13.1 An order for a downloadable product cannot be cancelled once we have made the download available to you, even if you have not yet downloaded the product. We do not issue refunds on download orders after the product has been made available to you.
13.2 You may cancel an order for a physical product at any time before we ship it. If your order has not been shipped, and we have sufficient time to prevent shipment, we will not send it to you and we will refund your payment.
13.3 If you have received an order for a physical product, you will have the right during a period of thirty (30) days from the date of your order to return the product unopened with the seal (if any) intact and receive a refund. In order to return a physical product and receive a refund, you must, within thirty (30) days of the date of your order:
13.3.1 Contact us either by writing to us at the address specified in Section 1 (ABOUT US) or by email to email@example.com and advise us that you wish to return the product; AND
13.3.2 Return the products to us, in the same condition in which you received them, and at your own cost. You must take reasonable care of the products while they are in your possession. The products remain your responsibility until they are received by us. We recommend that you use overnight or registered mail to return products to us as we are not responsible for non-delivery of products to us. If we do not receive the product from you within thirty (30) days of the date of your order, then you will be deemed to have accepted the product, you will be charged for your order at the price set out on the Site, and you will not be entitled to a refund.
13.4 If you cancel an order for a physical product or return a physical product in accordance with this Section 13, you will receive a full refund of the price paid (including any applicable delivery charges) within approximately thirty (30) days after the product is received by us. However, you will be responsible for the cost of returning the product to us.
13.5 In the unlikely event that any product you purchase is damaged or faulty when delivered to you, or is not what you ordered, please contact firstname.lastname@example.org.
13.6 Gift certificate purchases may be cancelled only in accordance with the procedures described in Section 14.3.
14 GIFT CERTIFICATES
14.1 We may make gift certificates available for purchase. These gift certificates can only be used to add credit to a new or existing account on www.audiogo.com. Gift certificates may be subject to specific terms stated on them, in addition to these Conditions of Use.
14.2 Once purchased, a gift certificate will be available in PDF file format in the ‘My Account’ section of our Site. The gift certificate will state a unique single use claim code. To give the gift certificate to another person, you will need to send the person a copy of the PDF file or the claim code.
14.3 A gift certificate purchase can be cancelled within thirty (30) days of the purchase date only if the certificate has been redeemed, in whole or in part, as of the time the cancellation request is processed. No refunds will be provided with respect to cancellation requests received more than thirty (30) days after the purchase date or with respect to gift cards that have already been redeemed. To cancel a gift certificate purchase and request a refund, contact us either by writing to us at the address specified in Section 1 (ABOUT US) or by email to email@example.com.
14.4 To redeem a gift certificate, you must be registered with an account on our Site. The claim code stated in the gift certificate will need to be entered into the ‘Redeem Gift Certificate’ section of your account. Once the claim code is entered for the first time, credit equal to the full value of the gift certificate will be added to your account on the Site. This credit can be used on any purchase made in US dollars on the Site. Any credit on an account will be lost if/when that account is closed. Gift certificates are not redeemable on purchases from other websites that we may operate (i.e. www.audiogo.com/uk).
14.5 If the value of an order exceeds the value of the credit redeemed from a gift certificate, the balance must be paid as a normal transaction. Permitted refunds under these Conditions of Use on any purchase made with a gift certificate will be made by adding credit to your account on the Site.
14.6 Gift certificates are transferable and have a cash redemption value of $0.01.
14.7 You are responsible for ensuring that gift certificate recipients who are under 18 are supervised so that they do not order products that are restricted to adult customers.
15 PROMOTIONS AND OFFERS
15.1 All promotions and offers that we make available will be subject to these Conditions of Use and any additional conditions that are stated to apply to them.
15.2 To the extent permitted by law, if we provide you with a free gift or promotional product in connection with a purchase and you decide to cancel or return your purchase, we may require you to return the free gift or promotional product.
16 OUR LIABILITY
16.1 ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND SERVICES CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AUDIOGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AUDIOGO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDIOGO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT, COMMUNICATIONS OR OTHER INFORMATION IN THE SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, AUDIOGO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES, GOODS OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE WEBSITES ACCESSED THROUGH ANY LINKS ON THE SITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16.2 All products purchased through our Site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
16.3 IN NO EVENT SHALL AUDIOGO BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF AUDIOGO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. IN NO EVENT WILL AUDIOGO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE AND/OR ANY CONTENT, INFORMATION, SERVICES, PRODUCTS OR MATERIALS MADE AVAILABLE VIA THE SITE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EXCEED THE GREATER OF $25 OR THE VALUE OF YOUR PURCHASE ON THE SITE. THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, GOODS OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless AudioGO, its officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Conditions of Use, your use of the Site (including negligent or wrongful conduct), the use of the Site by any other person using your account and/or the Submissions that you submit or post to the Site.
18 PRIVACY AND SECURITY
18.1 AudioGO uses a variety of means to protect the security of this Site. You agree not to attempt to access data or materials not intended for you, log into a server or account that you are not authorized to access, test the vulnerability of our network and security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through this Site, you agree that protection of your own software, personal computer and other devices from malicious software is your responsibility and agree to install anti-virus and other security protections.
19 COPYRIGHT PROTECTION FOR OUR SITE
19.1 All rights, including copyright, and content including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software information published on our Site are owned, licensed to or controlled by AudioGO and protected by United States and international copyright laws and may not be used without the written authorization by AudioGO.
19.2 All trademarks, service marks, and trade names are trademarks or registered trademarks of and are proprietary to AudioGO or its licensors. All other trademarks not owned by AudioGO that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AudioGO.
19.3 In accessing the Site you agree that you may only download the content for your own individual and non-commercial use where it is permitted by us. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Site’s web pages for any purpose without our prior written permission. You may not create unauthorized framing of, or deep linking to, the Site or the creation of derivative works of the Site.
20 REVIEWS, COMMENTS, COMMUNICATIONS, AND SOCIAL MEDIA OUTLETS
20.1 We may permit visitors to post reviews, comments, photos, send messages and other communications, and submit suggestions, ideas, comments, questions, or other information (collectively, “Submissions”) to our Site and social media outlets (i.e. Facebook, Twitter, WordPress). You agree that any Submissions you contribute or send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a Submission. We reserve the right to remove or edit such Submission and terminate your account with AudioGO as outlined in Section 21 (TERMINATION).
20.2 If you do post or submit Submissions, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media. You grant AudioGO and its sub-licensees the right to use the name that you submit in connection with such Submissions, if they choose. You represent and warrant that you own or otherwise control all the rights to the Submissions that you post; that the Submissions are accurate; and that the use of the Submissions you supply does not violate these Conditions of Use and will not cause injury to any person or entity. AudioGO has the right but not the obligation to monitor and edit or remove any activity or Submissions. AudioGO takes no responsibility and assumes no liability for any Submissions posted by you or any third party.
21.1 We reserve the right to modify, suspend or discontinue any service, products or any content we offer, in whole or in part, at any time, including AudioGO services, with or without notice and without liability to you.
21.2 We reserve the right to terminate your right to use this Site, the AudioGO services, and/or your AudioGO account at any time, for any reason or no reason.
22.1 These Conditions of Use are the entire agreement between you and AudioGO and supersede any prior understandings or agreements (written or oral).
22.2 If any provision of these Conditions of Use is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect.
22.3 These Conditions of Use are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. You may only transfer or assign your rights under these Conditions of Use with our prior consent or in accordance with Section 14 (GIFT CERTIFICATES).
22.4 A copy of these Conditions of Use is available on written request to: AudioGO Customer Services, 42 Whitecap Drive, North Kingstown, Rhode Island, 02852. Any formal legal notices should also be sent to us at this address.
23 LAW AND JURISDICTION
Access to the Site from territories where the Site’s content is illegal is prohibited.
By using the Site, you agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Site shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the use of the Site (if any), but in no event attorneys' fees; and (c) under no circumstances will any Site user be permitted to obtain any award for, and by using the Site the Site user waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Conditions of Use, or the rights and obligations of Site users and AudioGO in connection with the Site, shall be governed by, and construed in accordance with the laws of the State of Rhode Island without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Rhode Island. Any legal proceedings arising out of the Site or relating to these Conditions of Use shall be instituted only in the federal or state courts located in the State of Rhode Island, Providence County, and each Site user consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Conditions of Use.
Any cause of action or claim you may have directly or indirectly arising out of or relating to these Conditions of Use or any Site must be commenced within one (1) year after the claim or cause of action arises.
AudioGO’s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Conditions of Use. AudioGO may assign its rights and duties hereunder to any party at any time.
AudioGO makes no representation that the contents of the Site are appropriate or available for use in locations outside of the United States. Those who choose to access this Site from locations outside of the United States do so on their own initiative and risk and are responsible for compliance with applicable local laws.
24 NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
24.1 Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
24.2 AudioGO respects the intellectual property of others, and we ask our users and visitors to do the same. AudioGO will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, AudioGO will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
24.3 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AudioGO the following information. Please be advised that to be effective, the Notice must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit AudioGO to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
24.4 Notices of claimed copyright infringement should be directed to:
Attn: Infringement Notice
42 Whitecap Drive
North Kingstown, Rhode Island 02852
(Please include "Notice of Infringement" in the subject line.)
24.5 IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AUDIOGO THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Copyright 2012 Chivers North America, Inc. d/b/a AudioGO