Audvisor Terms and Conditions
The Audvisor Service:
Audvisor, Inc., its subsidiaries and affiliates (“Audvisor”), are pleased to offer a service that permits users to discover and share Insights provided by our Experts (“Audvisor Content”) through the Audvisor website, including Audvisor.com, and its applications for mobile devices, (collectively, the “Audvisor Service”). “Insights” are an audio file originated by a thought leader or an Expert that offers wisdom pertaining to a particular topic. “Experts” are the contributors of the Audvisor website and mobile app who provide Insights for our other Audvisor users to enjoy.
Your license to the Audvisor Service:
Subject to your compliance with these Terms and Conditions, Audvisor or its content providers grant you a gives you a personal, worldwide, non-assignable and non-exclusive license to access and use the Audvisor Service. This license does not permit any resale or commercial use of the Audvisor Service or its contents; any derivative use of the Audvisor Service or its contents; any collection and use of any Audvisor Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You will not modify, reverse engineer, decompile or disassemble the Audvisor Content, or otherwise tamper with the Audvisor Content or create any derivative works therefrom.
All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Audvisor or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the Audvisor Service nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Audvisor. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Audvisor without express written consent. You may not use any meta tags or any other “hidden text” utilizing Audvisor’s name or trademarks without the express written consent of Audvisor. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Audvisor.com so long as the link does not portray Audvisor, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Audvisor logo or other proprietary graphic or trademark as part of the link without express written permission.
In order to keep the Audvisor Service up-to-date, we may offer automatic or manual updates at any time and without notice to you.
You may not misuse the Audvisor Service. You may use the Audvisor Service only as permitted by law. The licenses granted by Audvisor terminate if you do not comply with these Terms and Conditions.
Audvisor Software in our Services:
Our Service may require or include downloadable software, including our Service as available on our mobile app. This software may be updated automatically on your device once a new version or feature is available.
Audvisor gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Audvisor as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the Audvisor Services in the manner permitted by these Terms and Conditions. You may not copy, modify, distribute, sell or lease any part of our Services, including our software, nor may you reverse engineer or attempt to extract the source code of that software.
Using the Audvisor Service does not give you ownership of any intellectual property rights in the Audvisor Service or the content you access. You may not use content from the Audvisor Service unless you obtain permission from its owner or are otherwise permitted by law.
All content included in or made available through the Audvisor Service, such as text, graphics, logos, images, audio clips, digital downloads, data compilations and Audvisor Content, is the property of Audvisor or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content accessible through the Audvisor Service is the exclusive property of Audvisor and protected by U.S. and international copyright laws.
Audvisor, Audvisor.com, and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Audvisor Service are trademarks, registered trademarks or trade dress of Audvisor in the U.S. and other countries. Audvisor’s trademarks and trade dress may not be used in connection with any product or service that is not Audvisor’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Audvisor. You may not use any Audvisor logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from Audvisor. All other trademarks not owned by Audvisor that appear in the Audvisor Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Audvisor.
As a registered user of the Audvisor Service, you may receive or establish one or more passwords and accounts (“Audvisor Account”). If you use the Audvisor Service, you are responsible for maintaining the confidentiality of your Audvisor Account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your Audvisor Accounts. You must be over the age of 13 to use the Audvisor Service. If you under the age of 18, you may use the Audvisor Service only with the involvement of a parent or guardian. Audvisor reserves the right to refuse service, terminate accounts, or cancel Service Upgrades in its sole discretion.
Sharing on Social Media:
Audvisor permits users to like and share Insights on other social media sites such as Facebook, Twitter or LinkedIn. You agree that any content you contribute and any communications you 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 does 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 e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
Removal of Audvisor Content or Other Materials:
We reserve the right to remove or disable access to any Audvisor Content or any other materials posted to or otherwise displayed through the Audvisor Service, including any Audvisor Content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity, is illegal in any other manner, or violates these Terms and Conditions. We will not be liable for the removal of or disabling of access to any Audvisor Content or materials.
Your right to use the Audvisor Service will automatically terminate if you violate these Terms and Conditions. In case of such termination, we may terminate your access to the Audvisor Service. Our failure to insist upon or enforce your strict compliance with the Terms and Conditions will not constitute a waiver of any of our rights.
Termination of Audvisor Service:
Our business may change over time and we reserve the right to modify the Audvisor Service. We also reserve the right to suspend or discontinue the Audvisor Service or your use of the Audvisor Service, in whole or in part, at any time with or without notice and without liability to you. Audvisor does not provide any refunds for any cancelled subscriptions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE AUDVISOR SERVICE, AUDVISOR CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDVISOR SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AUDVISOR SERVICE, AUDVISOR CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDVISOR SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING IN THESE TERMS AND CONDITIONS, AND AS APPLICABLE TO THE AUDVISOR SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AUDVISOR SERVICE AND AUDVISOR CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUDVISOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUDVISOR DOES NOT WARRANT THAT THE AUDVISOR SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDVISOR SERVICE OR ELECTRONIC COMMUNICATIONS SENT FROM AUDVISOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDVISOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AUDVISOR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDVISOR SERVICE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
The parties agree to binding arbitration in Santa Clara County, California, to resolve all disputes concerning the Terms and Conditions.
By using the Audvisor Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Audvisor. You consent to the exclusive jurisdiction and venue of the state and federal courts of Santa Clara County, California.
Site Policies, Modification, and Severability:
Audvisor is located at the following address:
20045 Stevens Creek Blvd., Suite 2E
Cupertino, CA 95014
Please contact us at [email protected] if you have any questions about our Terms and Conditions.