Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Service.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Service so you are aware of any changes, as they are binding on you.
Accessing the Service and Account Security
We reserve the right to withdraw or amend this Service, and any features or functionality we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. It is advisable that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
If you allow other authorized users (i.e. Family members) to access your data, in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the Services and ensuring they comply with these Terms or Service and all applicable laws in use of your account. Further, you agree to fully indemnify Company for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.
It is your responsibility to maintain the data stored by you on our service and observing all terms, policies and applicable laws in your use of these Services with regards to the data you store or handle.
We do not make any guarantees that there will be no loss of data or the services will be bug free. In the event you decide to terminate your use of these Services, you are completely responsible to remove all data promptly
We will store your data on our service subject to the Terms and policies to which you have subscribed. If you choose to stop using our services, you need to make sure you retrieve your data, after your termination, as Company may delete the data at our discretion.
If we suspend your account for a breach of these terms or any other policies, during the term of that suspension, we may if we wish deny you access to your data. If we termination of your account is decided, in our sole discretion, to be warranted for a breach of these terms, policies or any international law, we will, if reasonably practicable and we are not prevented by law from doing so, give you 30 days access to retrieve your data.
When you upload data through our Services it may be accessed by devices or family users, which you have authorized. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the data.
You retain all of your ownership rights in your Content, or specifically warrant that you have permission to store or use the data in the manner you have chosen. We don’t claim any ownership in or to any of your Content.
For purposes expressly limited to providing the functionalities of this Service to hereby grant Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to use, reproduce, distribute, prepare derivative works of, or display data to carry out the functionalities you have chosen (i.e. storage, back-ups).
Intellectual Property Rights
These Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services or Company trademarks including but not limited to: VOX Player, VOX Radio and VOX Cloud Storage.
Further, any license to use these Services does not give you the right to use, reproduce or distribute any of our copyright, intellectual property or other rights other than for the purposes of using the services You are not allowed to, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile or use any of our copyright, intellectual property or other rights without getting our permission first in writing.
As discussed above, your use and storage of data and content, sharing between authorized devices and family users shall be complaint with all international intellectual property laws.
Company respects the copyright of others and requires that users of our services comply with the laws of copyright. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
Company shall respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate your account if you are determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement is: Coppertino inc., 300 Delaware Ave, Suite 210-A, Wilmington, DE, 19801
+1 (888) 765-7069
To file a counter-notification with us, you must provide a written communication to the DMCA agent listed above that sets forth the items specified below. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. The location of the original claimant, and whether or not it was submitted under United States law (governed by the United States Digital Millennium Copyright Act, Section 512 g), determines which if any type of counter-notification you may file. A counter-notification must include at least the following specific elements and any other elements required by applicable law: Identification of the specific URLs of material that has been removed or to which access has been disabled. Your full name, address, telephone number, email address and the username of your account. The statement "I will accept service of process from the person who provided Coppertino, Inc. with the original copyright complaint or an authorized agent of such person." The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." Signature. A scanned physical signature or a valid electronic signature will be accepted. We can only accept a counter-notification directly from the user from whose account a URL or file has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.
After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way.
If you are filing the counter notice under the DMCA please add the following elements to your counter notice: State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located; State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us. Include the following statement above your signature: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled".
Acceptable Use Policy
You agree not to misuse the Services. The following list is not meant to be exhaustive, but is offered by way of illustration of prohibited uses. Users must not attempt to do the following:
We may review your conduct for compliance with these Terms and other policies, and may suspend or delete your account on a reasonable suspicion that a violation has occurred or may occur based on your use of these Services.
We do not undertake to review all data or content submitted for use through the Service, but we may chose to when alerted to violations of these terms of service. If you have reason to believe your intellectual property rights have been violated by another user, please follow the DMCA policy provided above in order that we may respond. These Services are made available for authorized, permitted uses, which do not violate the rights of others.
Users will be automatically billed from the start date of their Paid Account according to then published rates, and on each periodic renewal until cancellation. Users are responsible for all applicable taxes.
You may cancel your Paid Account by providing us with notice in advance of a renewal period or by managing your subscription preferences.
Lifetime software license is limited to 10 years after the payment date.
It means that you’;re guaranteed to get free upgrades during this period. If we decide to change the terms of the software usage in the future, it will be applied to new licenses only. In all cases, you’ll keep the lifetime license benefits.
However, your lifetime license ends automatically is case of the following:
You’re free to stop using our Services at any time, refunds will not be disbursed for cancellations that are not received prior to the beginning of a renewal period.
We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’;re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We’ll of course provide you with notice via the email address associated with your account before we do so
VOX Radio Subscription and Cancellation
Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Your subscriptions can be managed in your iTunes Account Settings after purchase is made. No cancellation of the current subscription is allowed during active subscription period.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NEITHER COMPANY NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER COMPANY NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES. NEITHER COMPANY NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT. FOR CLARITY, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
LIMITATION OF LIABILITY AND INDEMNITY BY YOU
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES COMPANY’S EMPLOYEES, OFFICERS, AGENTS AND AUTHORISED RESELLERS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR THE SERVICE AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.
IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT.
DESPITE THE ABOVE, IF ANY COURT HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE SUM OF YOUR MONTHLY FEES PAID BY YOU FOR THE PREVIOUS MONTH.
The Agreement will be governed by Delaware law, without regard to its conflict of laws principles.
You agree to resolve any claims or disputes relating to these Terms or the Services through final and binding arbitration.
You can decline this agreement to arbitrate by submitting the opt-out email within 30 days of first accepting these Terms.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the State of Delaware.
The AAA rules will govern payment of all arbitration fees. Company will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Severability and Waiver
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.
We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations, which are affected by that Force Majeure Event for so long as the event continues.