Gaincode, Ltd. Service Agreement
1. Terms Of Service
2. The Gaincode Service
3. Changes To Your Gaincode Service
5. Registration and Account
6. Using The Gaincode Service
The Gaincode Service is provided only for your personal, non-commercial use. You may not transfer the Gaincode Service to a third party.You agree you will not:
- sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Gaincode Service available to any third party, in whole or in part;
- use the Gaincode Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Gaincode Service or its components;
- modify, adapt, circumvent or hack the Gaincode Service to, or otherwise attempt to gain unauthorized access to the Gaincode Service or its related systems or networks; or
- use the Gaincode Service in any way that violates this Agreement.
You agree you will comply with any codes of conduct, policies or other notices Gaincode provides you or publishes in connection with the Gaincode Service, and you shall promptly notify Gaincode if you learn of a security breach related to the Gaincode Service. You agree and warrant that you will comply with all laws, rules and regulations in connection with your use of the Gaincode Service (including, but not limited to traffic laws and rules when using the Gaincode Service in a vehicle), and you will not use the Gaincode Service in any manner that violates such laws, rules or regulations.
7. Mobile Services and other Requirements
The Gaincode Service includes certain services that are available via a mobile device, including (i) the ability to browse the Gaincode Service from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Gaincode Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.In addition, you will be responsible for providing any other the equipment, hardware, software and services necessary to use the Gaincode Service.
9. We Don’t Control the Nature Of Media
10. Media Programming Is Copyrighted and Protected
You acknowledge and agree that Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except as permitted by applicable law.Third Party Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may limit or prevent the ability of your Gaincode Recorder to play Third Party Content or to record such Third Party Content for later listening. You understand that Gaincode does not control the decision of a third party to institute such copy protection mechanisms. You agree that Gaincode will have no liability to you or any third party with regard to the failure of your Gaincode Recorder to listen or record for later listening any Third Party Content due to a copy protection mechanism.
11. Advertisements, Sponsorships, Promotions and Other Partnerships
Gaincode may display advertisements for the goods and services of third parties or other promotional materials on the Site or via the Gaincode Service. Your dealings with, or participation in promotions of any third-party advertisers via the Gaincode Service are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. Gaincode does not endorse or represent such third parties and is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Gaincode Service.The Gaincode Service may also present links to third-party web sites or third-party services not owned or operated by us. We do not endorse or represent such third parties and we are not responsible for the availability of these third-party sites or services or their content. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service. Portions of the content are copyright © of Last.fm or its providers.
12. Eligible Users
13. Special Notice for International Use
14. Your Content and Code of Conduct
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Gaincode Service (“Your Content”).You agree to not use the Gaincode Service to post, email or otherwise transmit or provide links to any content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person;
- infringes any intellectual property or other proprietary rights of any party;
- misrepresents who you are or misrepresents your affiliation with another person or entity if the intent is to mislead, deceive or defraud others;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- in the sole judgment of Gaincode, is objectionable or which restricts or inhibits any other person from using or enjoying the Gaincode Service, or which may expose Gaincode or its users to any harm or liability of any type.
By posting Your Content on or through the Gaincode Service, you hereby do and shall grant Gaincode a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Gaincode Service. Gaincode has the right, but not the obligation, to monitor the Gaincode Service, Content, or Your Content. You acknowledge that Gaincode may establish general practices and limits concerning use of the Gaincode Service, including without limitation the maximum period of time that Your Content, data or other content will be retained by the Gaincode Service and the maximum storage space that will be allotted on Gaincode’s servers on your behalf. You acknowledge and agree that Gaincode may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Gaincode, its users and the public.
16. Termination Of Service
17. License Grant and Intellectual Property
You may be required to use certain software programs to use or have full access to certain features of the Gaincode Service. Any software that may be made available by Gaincode in connection with the Gaincode Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.Subject to the terms and conditions of this Agreement, Gaincode hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on devices solely in connection with your personal non-commercial use of the Gaincode Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. Your use of the Software is subject to the terms of this Agreement. As between you and Gaincode, Gaincode retains title to and ownership of the Software, Gaincode copyrights and trademarks, and all Content provided or made available in connection with the Gaincode Service. In the case of any third party software provided to you by Gaincode, the applicable third party retains title to and ownership of its software and intellectual property rights. You acknowledge and agree that the Gaincode Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Gaincode, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Gaincode Service or the Service Content, in whole or in part, except that the foregoing does not apply to Your Content (as defined above) that you legally upload to the Gaincode Service. In connection with your use of the Gaincode Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Gaincode.
19. Representations and Warranties
20. Warranty Disclaimer
21. Limitations of Gaincode’s Liability
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Gaincode will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Gaincode’s Copyright Agent at firstname.lastname@example.org (subject line: “DMCA” Takedown Request”).Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, gaincode will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at gaincode’s sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, gaincode has adopted a policy of terminating, in appropriate circumstances and at gaincode ‘s sole discretion, members who are deemed to be repeat infringers. gaincode may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.