Audacity Models, our affiliates, and our designees ("Audacity," "We," "Us," or "Our") owns and/or operates various websites, social media and other online properties ("User-Generated Websites or "Sites") that permit users to submit or publish various content. Such websites may include, but are not limited to, message boards, blogs, social networks, and comment boards which allow users to submit information including, comments, information, photos, videos and other material ("User Content"). By registering or using any of our User-Generated Websites, you accept and agree to the following Terms of Use.
Appropriate Conduct and Content; Personal Use Only:
Unless otherwise noted, the products and services on the Sites are intended for personal, non-commercial purposes only. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, link, license or in any way exploit the content of the Sites.
You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States to your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links, comments and any and all User Content created or generated by you that you submit, post and display on any of our Sites.
Eligibility:
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from any of our Sites, (c) do not have more than one (1) account at any given time for any Site; (d) you will only provide us with true, accurate, current and complete information and (d) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.
Your Account:
When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Sites using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site(s). We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark and proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us at our sole discretion. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with the Account. Without limiting any rights we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site(s) under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event will we be liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
User Content:
We welcome user comments, information and submissions. Subject to our Privacy Policy, all User Content that you post to the Sites will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of Our Sites. You also agree that Audacity, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques generated by any User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
Our Right to Use User Content:
If you choose to submit any User Content to any Site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.
Review of Submissions:
We have no obligation to verify the identity of any users when they are connected to a Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on any Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.
No Endorsement:
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
