We ask you to carefully read the Terms and Conditions below before using or subscribing with Awdio. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE IT. If you do not agree with these Terms and Conditions, you should leave the Awdio Website and discontinue use of the Awdio Services immediately. If you wish to become a User and make use of the Awdio Services, you must read this Agreement and indicate your acceptance during the Registration process.
THE AWDIO SERVICES ARE FOR PERSONAL & PRIVATE USE ONLY. DO NOT USE AWDIO FOR COMMERCIAL PURPOSES. PUBLIC USE OF THE AWDIO CONTENT IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any Service offered on the Site, in violation of any applicable laws or regulations. Unauthorized use of Awdio Service is illegal and offenders will be prosecuted.
AWDIO MUSIC SERVICE IS A STREAM ONLY SERVICE AND YOU ARE NOT ALLOWED TO COPY ANY MUSIC BROADCASTED THROUGH THE AWDIO SERVICES WHETHER FOR PERSONAL OR PROFESSIONAL USE. Any unauthorized use of music content which is covered by copyright law, in a manner that violates one of the original copyright owner's exclusive rights, such as the right to copy on a physical format or reproduce on another device the copyrighted content, will be prosecuted.
2. About Awdio
Awdio is a live music platform where Users can access and listen to digital music from Live Music Sources worldwide. Awdio rounds up worldwide most select music scenes (clubs, bars, lounges, concert scenes, etc.) featuring the best live artists in order to broadcast and share this unique and ephemeral content to music fans from all over the world and wherever they are. Awdio Services may be accessible via Internet, cellular phones, IPTv, and other devices capable of receiving and playing digital music.
Some features of the Awdio services can be accessed free of charge and other services are premium-based. Currently, Awdio provides the Services free of charge to listeners.
The Awdio website is operated by Awdio SA, a company registered in France.
The list of words below, which start with a capital letter, has been defined for the purposes of these Terms as follows:
"Awdio" refers to the group of Services, the purpose of which is mainly to stream music, for personal and private use only.
“Content" means but is not limited to all archived materials and uploaded materials, whether audio, text or graphic, archived music, and any other Music Content transmitted through the Services.
"Service(s)" refers to the entirety of the Services accessible to Awdio Users, whether paid or unpaid by Awdio Users, including but not limited to the website at the url www.awdio.com and related urls (the “Website”), mobile applications operated by Awdio, all current and futures services, software, and data accessed via the Website, including the Awdio widgets and the Awdio API.
"User(s)" refers to any or all valid registered users of the Awdio Service who have or have not paid to use Awdio. In order to become an Awdio User you have to register and subscribe to Services under the Terms and Conditions below.
This is a legal Agreement between you and Awdio (‘the Company’) stating the terms that govern your use of the Awdio Services. This Agreement – together with all updates, additional terms and all Awdio rules and policies referred to in this agreement – collectively constitute the “Agreement” between you and Awdio.
5. Definition of the Awdio Service
Awdio is a live music platform where Users can access and listen to digital music from Live Music Sources worldwide under certain terms and conditions as set forth in this Agreement.
6. Eligibility - Age requirements for use of the Service
This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
7. Objectionable Material
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and Awdio shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types and descriptions are provided for convenience, and you acknowledge and agree that Awdio does not guarantee their accuracy.
8. System Requirements
9. Applicable Terms
This Agreement applies to any use of the Service.
11. Registration and Information
In order to become an Awdio User you have to register and subscribe to Services under these Terms and Conditions. In consideration of your use of the Site, you agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and promptly update your Registration Data and any other information you provide to Awdio as required to keep it accurate, current, and complete. Awdio may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Awdio may store and use the Registration Data you provide.
12. User Account and Security
12.1. User Account and Password. As a registered User of the Service, you may establish an account (“User Account”) and you will be asked to select your username and password. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are fully responsible for all use of your Account and for all actions that occur on or through your Account, and you agree to immediately notify Awdio of any unauthorized use of your Account or any other breach of security. In addition, as Awdio does not have the obligation or the technical means to check the identity of every person registered with its Services. Awdio shall not be responsible for any losses arising out of the unauthorized use of your Account which is not due to the negligence of Awdio. For quality purposes, Awdio will deactivate the Accounts of Users who have expired their period of subscription at the end of the paid period, on the date that the subscription term expires.
12.2. Account Security. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to obtain unauthorized access to the Services. Violations of Service, system or network security may result in civil or criminal liability.
13.1. Use of Content. Your usage of the Services is limited to certain usage rules established by Awdio and its licensors. You agree to use the Service in compliance with the following terms:
(a) Your use of the Service is conditional upon your prior acceptance of the terms of this Agreement.
(b) You shall be authorized to use the Service only for personal, private, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
(c) You agree that the use of Services does not transfer to you any commercial or promotional use rights in the Services/Products and does not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or visual content. By enrolling in the Awdio Services, you acknowledge and agree that you have no right to provide any files obtained through the Awdio Service to any other party or through any other means save as otherwise permitted by Awdio.
AWDIO MUSIC SERVICE IS A STREAM ONLY SERVICE AND YOU ARE NOT ALLOWED TO COPY ANY MUSIC BROADCASTED THROUGH THE AWDIO SERVICES WHETHER FOR PERSONAL OR PROFESSIONAL USE.
Any unauthorized use of music content which is covered by copyright law, in a manner that violates one of the original copyright owner's exclusive rights, such as the right to copy on a physical format or reproduce on another device the copyrighted content, will be prosecuted.
(d) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Products.
(e) You agree not to use the Awdio Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Awdio website.
(f) You agree to use the Services in accordance with the purpose set out in these Terms and Conditions.
The Service is currently available worldwide. Access to the Platform from territories where their access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy.
15. Paid Services and Agreement to Pay
15.1. Premium Access and Payment. The use of the Paid Services assumes that you have a Premium Access. You can acquire a Premium Access either by using the payment solution available on the Awdio website, or while participating in Services proposed by Awdio through their Partners. The activation of an Awdio Premium Access on your Account occurs as soon as, or a few moment after a valid transaction has been completed (successful online transaction). Upon expiration, the Premium Access will not be automatically renewed.
You agree to pay for all paid Services you purchase through the Service. You agree that Awdio may charge your credit card or bank account through its payment solution (i.e. PayPal solution) for any Services purchased, and for any additional amounts (including any taxes and late fees when applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees, and for providing Awdio with a valid credit card or bank account details for payment of all fees.
15.2. Prices, Right to Change Prices and Availability of Services. The prices and terms of payment for the different Paid Services are displayed at all times on the Awdio website, including at the point when you choose to purchase a Service. The prices shown are in € (Euro) and include all taxes. Prices and availability of any Services are subject to change at any time.
15.3. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions that you enter into on this site, including notices of cancellation, policies, contracts and applications.
16. Right of Withdrawal and Delivery of Products
You have the right to withdraw from your purchase without penalty and without giving any reason until delivery of the Premium Access has started.
17. Intellectual Property Ownership and License
17.1. Acknowledgement of Ownership. You agree that the Service, including but not limited to Services, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Awdio and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to trespass or burden network capacity.
17.2. Removal of Awdio Content or Other Materials. Notwithstanding any other provision of this Agreement, Awdio and its licensors reserve the right to change, suspend, remove, or disable access to any Services, content, or other materials that are offered by the Service without notice. In no event will Awdio be liable for the removal of or disabling of access to any such Services, content or materials under this Agreement. Awdio may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
17.3. Content. All music, software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other element of the Awdio Services (collectively “Content”), including but not limited to the layout, election, organization, and coordination of such Content on the website is the property of or is licensed to Awdio, and is protected by trademark, copyright, and other intellectual property rights laws. Without the prior written consent of Awdio, and except as provided in this Agreement, no Content may be publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.
17.4. Trademarks. Awdio, the Awdio logo, and other Awdio trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Awdio. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
18. Awdio Linking and Widget Policy
You may include links to the Services/Website or include widgets in any website under the following criteria:
- you may link to, but not replicate, the Content;
- you must not present false information about Awdio, its products and its services;
- you must not use any Awdio Content or Services except as expressly permitted in these Terms & Conditions or without prior permission from Awdio;
- the third party website must not contain content that is illegal, obscene or defamatory, or that could be considered as distasteful, offensive or controversial;
- the website must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights.
By linking to or embedding a widget in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. Awdio widgets are designed to enable Users to share Awdio with their friends. You are strictly prohibited from embedding or otherwise exploiting Awdio widgets for any form of commercial use. Awdio alone shall be responsible for determining, in its discretion, whether any use of Awdio widgets and features constitute a commercial use.
Awdio reserves the right to remove links or to block Awdio widgets at any time and for any reason in its absolute discretion.
Awdio aims to respect the intellectual property rights of others. If you believe that your work has been copied, used, or made available on or through the Awdio Services in a way that constitutes copyright infringement of your intellectual property, please provide us with a copyright infringement notice ("Notice") with the following information:
- a statement that you have identified material on the Services which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
- representative list of the copyrighted work(s) claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Awdio to locate the material (e.g. Channel page URL, screen shot, etc.);
- your details (full name, email address, postal address and telephone number);
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
- a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
Contact Awdio's agent for notice of claims of copyright infringement as follows:
By email: firstname.lastname@example.org .
By mail: Awdio Copyright, 137 rue vieille du temple 75003 Paris - France
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to Awdio.
20.1. Self-initiated Account deletions. At any time and without the need to provide any reason, you may end your registration with Awdio by requesting the closure of your Account in the Awdio site's area designated for such purposes. Request shall be deemed effective as soon as permitted after receipt by Awdio of the request for closure of the Account concerned. Such a request does not trigger reimbursement of, if applicable, any time remaining on the User's Premium Access.
20.3. Termination of the Service. Awdio reserves the right to modify, suspend, or discontinue the Service, or any part or content thereof, at any time and Awdio will not be liable. To the extent possible, Awdio will warn you in advance of any modification, suspension or discontinuation of the Service.
21. General Compliance with Laws
The Service is controlled and operated by Awdio SA from its offices in France. You agree to comply with all laws, statutes, ordinances, and regulations that apply to your use of the Service.
22. Enforcement of these Terms
Awdio reserves the right to takes steps Awdio believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Awdio's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights). You agree that Awdio has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Awdio believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Awdio’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).
No Responsibility for Third-Party Materials or Websites. Certain content and services available via the Service may include materials from third parties. In addition, Awdio may provide links to certain third-party websites. Links to other websites are provided solely as a convenience to you. You acknowledge and agree that Awdio is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Awdio does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Awdio is not in any way responsible for any such use by you.
24. Disclaimers & Limitation of Liability
AWDIO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AWDIO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES. AWDIO DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AWDIO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY AWDIO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AWDIO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, negligence or any other cause of action.
24.1. Awdio will provide the Service with reasonable care and skill. AWDIO DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICE AND IN PARTICULAR DOES NOT WARRANT THAT:
(a) your use of the Service will be uninterrupted or error-free, including but not limited that:
(i) you agree that from time to time Awdio may remove the Service for indefinite periods of time, or cancel the Service at any time for technical or operational reasons and will, to the extent possible, notify you of this.
(ii) you agree that the Service can be interrupted for third parties reasons (e.g. artist, content provider, partner…) and that Awdio will not have any liability or responsibility in that respect.
(iii) you agree that the content available on the Service will be changed. Awdio will remotely and by electronic means supply a Real Time Music Service via Internet. The music content accessible to you is provided by the clubs and artists listed on the Awdio website. Clubs choose and host events, and artists create a unique content that Awdio provides to Users. These clubs and artists are independent entities. For quality purposes Awdio does not intend to influence their music broadcasting. For this reason Awdio declines all responsibility for the content available on Awdio.
(b) the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of Force Majeure, and Awdio disclaims any liability relating thereto. You shall be responsible for backing up your own system.
24.2. Except as set out in section 20.3., in no case shall Awdio, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused by Awdio , its employees or agents where:
(a) there is no breach of a legal duty of care owed to you by Awdio or by any of our employees or agents;
(b) it is not a reasonably foreseeable result of any such breach;
(c) any increase in loss or damage results from breach by you of any term of this Agreement;
(d) it results from a decision by Awdio to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Awdio’s conclusion that a violation of this Agreement has occurred.
(e) it relates to loss of income, business or profits, or any loss or corruption of data in connection with your use of the Service.
24.3. Awdio shall use reasonable efforts to protect information submitted by you in connection with the Services, but you acknowledge and agree that your submission of such information is at your sole risk, and Awdio hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
24.4. Nothing in this Agreement removes or limits Awdio’s liability for fraud, or for death or personal injury caused by its negligence.
25. Use of Service
By using the Service, you agree you are liable to Awdio, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claims arising out of your breach of this Agreement, or any action taken by Awdio as part of its investigation of a suspected violation of this Agreement or as a result of its findings or decision that a violation of this Agreement has occurred.
Awdio reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be communicated to you as soon as they are posted on the Awdio site and will be incorporated into this Agreement (referred to in this Agreement as "Additional Terms”). Such modification shall be effective upon posting by Awdio the Website. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. In the event that you refuse to accept such changes, Awdio will have the right to terminate the Agreement and prevent further purchases by you from the Awdio Service.
Awdio may send you notice with respect to the Services by sending an email message to the email address listed in your “User Account” under contact information, by sending a letter via postal mail to the contact address listed in your “User Account” contact information, or by a posting on the Awdio Service. Notices shall become effective immediately.
28. Governing Law
This Agreement and the use of the Service are governed by French laws.
www.awdio.com is a publication of Awdio SA. Awdio SA is a company registered in France under n° 503 407 710 (RCS Nanterre).
137 rue vieille du temple 75003 Paris - France
Phone: +33 (0) 1.40.16.01.56
Amazon Web Services LLC, PO Box 81227 Seattle, WA 98108-1227 - USA
Phone: +1 206.266.4064 (http://aws.amazon.com/)
If you have questions or concerns regarding Awdio’s Terms and Conditions, the Services, the www.awdio.com website, or its content, please contact us at: email@example.com .
Last updated March 12, 2015