Terms of Use

Terms of Use

(Updated July 2014)

Preface

Hello! Welcome to Litphonix.com. If you continue to browse and use Litphonix's Application and Site, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our Privacy Policy govern Litphonix's relationship with you in relation to this Application and Site. If you disagree with any part of these terms and conditions, please do not use our Application or Site. Litphonix, Tickld, in its sole discretion and without notice to you, reserves the right to make changes to the Site and these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the Site, you agree to accept any such changes.

Introduction

By accessing any part of this Application and/or registering as a user of the Application, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Application and Site immediately.

We may revise this legal notice at any time by updating this posting. You should check this Site from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Site. This policy is effective from 1 December 2013.

You must be older than 18 years to register as a user or access the Site. If you are under 18 please get a parent's or legal guardian's permission before making any contribution.

Upon Registering

Litphonix's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Litphonix may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Litphonix's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all these cases, the adult is the user and is responsible for any and all activities.

Keep your account secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Litphonix of any unauthorized use of your account or any breach of security. You also agree that Litphonix cannot and will not be liable for any loss or damage arising from your failure to keep your account secure. You agree not to provide your username and personal information in combination to any other party other than Litphonix without Litphonix's express written permission.

You must keep your account information up-to-date and accurate at all times, including a valid email address. To buy and sell audio on Litphonix you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

You may not transfer or sell your Litphonix account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Service Access

Whilst we endeavour to ensure that this Application and Site is normally available 24 hours a day, we shall not be liable for any reason this Application or Site is unavailable at any time or for any period.

Access to this Application or Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Links to and from other Websites

Any links to third party Websites on this Application or Site are provided solely for your convenience. If you use any links, you leave this Application or Site. We may not have reviewed any such third party Websites and will not control or be responsible for such Websites or their content or availability. We therefore do not endorse or make any representations about any links provided to third party Websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites which may be linked to this Application or Site, you do so entirely at your own risk.

Prohibited Uses

You may use our Application and Site only for lawful purposes. You may not use our Application or Site:

  • in any way that breaches any applicable local, national or international law or regulations;
  • in any way that is unlawful, fraudulent, or has any unlawful of fraudulent purpose or effect;
  • for the purposes of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use material which does not comply with our content standards below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Interactive Services

We provide interactive services on our Application and Site, including, without limitation:

  • Message boards (comments)
  • Ratings
  • Audio uploading and downloading

We will do our best to assess any possible risks for users (and in particular children) from third parties when they use any interactive service provided on our Application and Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Application and site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or legal guardian. We advise parents who permit their children to use an interactive service that is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

User Uploaded Content and User Conduct

Content must:

  • Be accurate (follow the text provided)
  • Be civil and in good taste
  • Be genuinely held (where they state opinions)
  • Comply with applicable law in the UK and in any country from which they are posted.

Content must not:

  • infringe, violate or otherwise interfere with any copyright or trademark of another party;
  • infringe on any intellectual property right of another or the privacy rights of another;
  • contain swearing or vulgar language;
  • be libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of a another party;
  • contain unlawful or objectionable content including but not limited to material which is sexist, racist, homophobic, obscene, pornographic or defamatory;
  • promote sexually explicit material, violence or any illegal activity;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case;
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; and
  • contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

For your own safety and security you must not reveal any personal information about yourself or anyone else (for example telephone or mobile numbers, or home addresses).

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Application or Site, to suspend or blacklist or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the terms, 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 the rights, property or safety of us, our users and the public.

You agree to indemnify us against any loss or damage suffered as a result of your Content.

Third parties may license information on this Site to us. You agree that you will not use any robot, spider, scraper or other automated means to access this Application and Site for any purpose without our express written permission. Additionally, you agree that you will not:

  • take any action that imposes, or may impose in our sole discretion an unreasonably or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from this Application or Site without the prior written permission of us and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of this Application or Site or any activities conducted on this Application and Site; or
  • bypass other measures we may use to prevent or restrict access to this Application and Site. We do not authorise you to extract or re-utilise substantial parts of this Application and Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of this Application and Site.
  • Disclaimer of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES AND LICENSORS AND ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS APPLICATION AND SITE OR ANY ASPECT THEREOF WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THIS APPLICATION OR SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS APPLICATION OR SITE, ANY WebsiteS LINKED TO THIS APPLICATION AND SITE OR THE MATERIAL ON SUCH WebsiteS INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS APPLICATION AND SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS APPLICATION OR SITE OR ANY WebsiteS LINKED TO THIS SITE. IF YOUR USE OF MATERIAL ON THIS APPLICATION OR SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF. YOU ALSO AGREE THAT ACCESS TO AND USE OF THIS APPLICATION AND SITE AND THE CONTENT THEREIN IS AT YOUR SOLE RISK.

    Jurisdictional Clause

    Court of England and Wales.