Terms & Conditions

All you need to know in Black and White.

Date of Last Revision: 05/16/2015

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS") CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE SERVICES, CONTENT, FEATURES AND FUNCTIONALITY AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE AVAILABLE SERVICES, CONTENT, FEATURES OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.

Umlaut Audio ("Umlaut") and its affiliates operate this website (http://www.umlautaudio.com/), (the "Site"), and the services related to or offered on the Site (hereinafter, the "Services"). Umlaut's Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site. These Terms of Use ("TOU") govern your use of the Site and Services that are provided by Umlaut. Please read this agreement carefully before accessing or using the Site or any of the Services. Each time you access or use the Site or Services, you agree to be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not access or use the Site or Services. In addition, certain areas of the Site or Services may be subject to additional terms of use that Umlaut makes available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control. Umlaut reserves the right to amend this TOU at any time and without notice. If Umlaut does this, Umlaut will post an updated TOU and indicate at the top the date the TOU was last revised. Your continued use of the Site and/or Services after any such posting constitutes your acceptance of the new TOU. If you do not agree to these Terms or any future Terms of Use, do not use or access (or continue to access) the Site and/or Service. This Agreement applies to all visitors, users, and others who access the Site and/or Service.

1. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Umlaut is not responsible for the security of any information transmitted to or from the Site. Umlaut reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

2. License Grant.

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

3. Prohibited Activities.

The Site and the Services are not intended for children under the age of 13 and children under 13 should not use the Site or the Services. You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Umlaut, or its content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not: (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; (ii) access the Site or Services by any means other than through the standard industry-accepted or Umlaut-provided interfaces; (iii) post or transmit any material that contains a virus or corrupted data; (iv) delete any author attributions, legal notices or proprietary designations or labels; (v) violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOU; (vi) manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; (vii) register, subscribe or unsubscribe any party for any Umlaut product or service if you are not expressly authorized by such party to do so; (viii) use the Site or the Services in any manner that could damage, disable, overburden or impair Umlaut's servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services; (ix) gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Umlaut through hacking, password mining or any other means; (x) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; and (xi) use the Site in any manner that could damage, disparage, or otherwise negatively impact Umlaut or its parent companies, affiliates and/or subsidiaries. In addition, you agree to comply with Umlaut's Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY UMLAUT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

4. Message Boards, Chat Rooms, Submissions and Posting Guidelines.

Umlaut hosts message boards, chats and other public forums on its Site and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site. These are public forums and any information that you post on the Site or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting. When posting information on the Site or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumors or negative opinions that are not supported by facts.

In addition to the prohibited activities described above, when posting information and media on the Site or through the Services you must not:

  • Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network or the Site;
  • Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
  • Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
  • Post or upload personal information, pictures, videos or any other media of another person without their express permission;
  • Delete or revise any material posted by any other person or entity;
  • Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
  • Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
  • Post statements or materials that in any way harm minors;
  • Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Umlaut;
  • Post statements or materials that misrepresent your affiliation with any entity and/or Umlaut;
  • Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
  • Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
  • Post material that in the sole judgment of Umlaut is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose Umlaut or its users to harm or liability of any nature; or
  • Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Umlaut does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.

Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Umlaut or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Umlaut expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is Umlaut responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Umlaut, or its licensors, affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Umlaut, its licensors or any of their subsidiaries or affiliates. Umlaut and its licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that Umlaut reserves the right to monitor the same at its sole discretion. Umlaut reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect itself, its clients, sponsors, users and visitors. In addition, Umlaut reserves the right to contact users to inform them of policies, hide users' posts or delete users' accounts without warning or notice in advance, for any reason, including but not limited to the violation of these terms.

Solicited submissions: From time to time, Umlaut may invite you to submit to Umlaut audio and/or video material for inclusion on the Site and/or Service and/or other activities promoted by Umlaut on the Site and/or Service, or enter certain contests Umlaut may sponsor, or submit comments and/or ideas to Umlaut ("Submissions"). You may only submit these Submissions to Umlaut when specifically invited to do so by Umlaut. These solicited Submissions may be subject to further terms, conditions and restrictions. Submissions for the Site and/or Service provided through third party websites are also subject to specific terms, conditions and restrictions. If Umlaut does request that you send Umlaut Submissions, these Submissions will be deemed User Content (defined below). By submitting any Submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Umlaut under any fiduciary or other obligation, that Umlaut is free to disclose the Submission on a non-confidential basis to anyone or otherwise use the Submission without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Umlaut do not waive any rights to use similar or related ideas previously known to Umlaut, or developed by its employees, or obtained from sources other than you.

IN CONNECTION WITH YOUR PARTICIPATION IN ANY SUBMISSIONS, YOU MAY HAVE VOLUNTEERED TO PARTICIPATE IN ONE OR MORE ACTIVITIES THAT MAY BE STRENUOUS, PHYSICAL, DANGEROUS OR HAZARDOUS, INCLUDING, BUT NOT LIMITED TO, ANY ATHLETIC ACTIVITIES AND/OR VARIATIONS THEREOF (“DANGEROUS ACTIVITIES”). YOU VOLUNTARILY ASSUME ANY AND ALL RISKS, KNOWN OR UNKNOWN, ASSOCIATED WITH SUCH DANGEROUS ACTIVITIES BEFORE, DURING AND/OR AFTER THE FILMING AND/OR RECORDING OF AND/OR YOUR PARTICIPATION IN SUCH ACTIVITIES, INCLUDING, WITHOUT LIMITATION, EMOTIONAL DISTRESS, PHYSICAL INJURY OR DEATH. YOU ARE VOLUNTARILY PARTICIPATING IN THESE DANGEROUS ACTIVITIES WITH FULL AND COMPLETE KNOWLEDGE OF THE POTENTIAL DANGER INVOLVED. YOU HEREBY ACKNOWLEDGE THAT UMLAUT SHALL NOT HAVE ANY LEGAL OBLIGATION TO YOU IN RESPECT OF ANY LOSS OR INJURY SUFFERED AS A RESULT OF YOUR UNDERTAKING ANY SUCH DANGEROUS ACTIVITIES IN CONNECTION WITH YOUR PARTICIPATION IN ANY SUBMISSION. IF YOU BELIEVE THAT THE ONE OR MORE OF THE DANGEROUS ACTIVITIES AND/OR ANY PART OF THE DANGEROUS ACTIVITIES IS UNSAFE OR BEYOND YOUR CAPABILITIES, THEN YOU SHALL HAVE THE RIGHT TO DECLINE TO UNDERTAKE ANY SUCH DANGEROUS ACTIVITIES.

Unsolicited submissions: Other than those Umlaut specifically requests, Umlaut does not accept or consider unsolicited creative materials, ideas or suggestions either via the website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those Umlaut has developed or obtained independently.

By sending or transmitting to Umlaut content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "User Content"), or by posting such User Content on the Site, you hereby grant to Umlaut and its designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such User Content in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Umlaut shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights or authorizations to allow Umlaut's use of such User Content in accordance with such license. None of the User Content disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

5. Commercial Transactions.

Certain products or services may be offered for sale on the Site or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Umlaut or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Umlaut or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Umlaut with your credit card number and associated payment information, you agree that Umlaut and/or its third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to Umlaut as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that Umlaut (or its third party payment service provider) may automatically invoice your account at the beginning of each recurring period. Umlaut reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as Umlaut may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Umlaut of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon Umlaut's receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, Umlaut reserves the right to either suspend or terminate your access and account. You agree that in the event Umlaut is unable to collect the fees you owe Umlaut it for the products or services specified in your order, Umlaut may take any other steps it deems necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by Umlaut in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees. To review the billing terms on your account or to terminate a subscription service, you may email billing@umlautaudio.com or call 310-985-2089 Monday through Friday, 10 am – 6 pm.

6. Third Party Content.

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not Umlaut. Neither Umlaut, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Umlaut nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Services by anyone other than an authorized Umlaut or licensor representative while acting in his/her official capacity. You may be exposed through the Site or Services to content that violates Umlaut's policies, is sexually explicit or is otherwise offensive. You access the Site and Services at your own risk. Umlaut takes no responsibility for your exposure to third party content on the Site or the Services. Umlaut and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that Umlaut does not advocate the use of any product or procedure described in the Site or through the Services, nor is Umlaut responsible for misuse of a product or procedure due to typographical error.

7. Sweepstakes, Contests and Games.

If Umlaut conducts a sweepstake, contest, or game on the Site, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

8. Accounts, Passwords and Security.

If the Site or any of the Services require you to open an account, you must complete the registration process by providing Umlaut with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Umlaut which is untrue, inaccurate, not current or incomplete, Umlaut reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Umlaut immediately of any unauthorized use of your account or any other breach of security. Neither Umlaut nor its licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Umlaut, its licensors or another party due to someone else using your account or password.

9. Linking to the Site.

Umlaut reserves the right to disallow you to link to the Site at any time in its sole discretion. If Umlaut exercises such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with Umlaut specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:

  • The link must be a text-only link that clearly includes the URL of the applicable Site;
  • If the link points to any page on a Site other than the home page, the text link must also include the title of the target-landing page. (For example, if the link points to the "Log-In" area of the Site, the link should include the words "Log-In");
  • The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Umlaut's good name and trademarks;
  • The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Umlaut;
  • The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
  • The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

10. Disclaimer Regarding Linked Third Party Sites.

The links on the Site and/or any of the Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the "Linked Sites"). Umlaut provides these links as a convenience, but Umlaut neither controls nor endorses these Linked Sites, nor has Umlaut reviewed or approved the content which appears on the Linked Sites. Umlaut is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Umlaut shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

11. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through the Site and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Umlaut shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

12. Privacy.

Umlaut's privacy policy with respect to the collection and use of your personally identifiable information is set forth at "Privacy Policy", and is incorporated by reference into these TOU. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING UMLAUT'S PRIVACY POLICY.

13. Disclaimer of Warranties.

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UMLAUT, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. UMLAUT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON ANY SUCH PRODUCTS OR SERVICES WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES.

14. Limitation of Liability.

NEITHER UMLAUT NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF UMLAUT OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE AND/OR ANY OF THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Umlaut may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Umlaut's liability will be the minimum permitted under such applicable law.

15. Indemnification.

You agree to indemnify, defend and hold Umlaut, and its respective licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or any of the Services.

16. Copyright Policy.

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 the U.S. copyright law. If you believe in good faith that materials hosted by Umlaut infringe your copyright, you or your agent may send to Umlaut a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Umlaut actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Umlaut a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Umlaut's Copyright Agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit Umlaut to locate the material;
  • Information reasonably sufficient to permit Umlaut to contact you, such as your address, telephone number and, if available, your email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Umlaut's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: Anne Juenger; E-mail for notice: hello@umlautaudio.com. Umlaut suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

17. Jurisdictional Issues.

Umlaut makes no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Umlaut reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction Umlaut so desires, and to limit the quantities of any such service or products that Umlaut may provide.

18. Termination.

You agree that Umlaut, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

19. Governing Law.

These TOU and the relationship between you and Umlaut shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and Umlaut irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Los Angeles, in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

20. Waiver and Severability.

The failure of Umlaut to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

21. Successors and Assigns.

Umlaut may perform any of its obligations or exercise any of its rights under this TOU through one or more of its corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with Umlaut). If Umlaut or its assets are acquired by another entity, that entity will assume Umlaut's rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without Umlaut's prior written consent.

22. Updates.

Umlaut may modify these TOU at any time, as it deems appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. Umlaut reserves the right to modify or discontinue the Site or Services with or without notice. Umlaut will not be liable to you or any third party should Umlaut exercise its right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Services as so modified and your use of new Services will be governed by these TOU.

Privacy Policy

This Policy was last changed on 05/16/2015.

Umlaut Audio ("Umlaut") operate this website (the "Site") and the services related to or offered on the Site (hereinafter, the "Services"). Umlaut's Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site.

Umlaut provides you this privacy policy (the "Policy") to help you understand the kinds of information Umlaut may gather about you when you visit the Site or use any of Umlaut's Services, and how Umlaut may collect, use and disclose the information.

The use of the phrase "Personal Information" in this Policy means information that identifies a specific person such as a person's full name, address, e-mail address, profile information such as first name, last name, email, telephone, secondary telephone, Skype username, birthday and month, location city and country, and browser, OS and IP address. The phrase "Anonymous Information" in this Policy means non-personal information that cannot reasonably be used to identify individual persons (e.g., interests, demographics and anonymous usage data).

By visiting this Site or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit the Site or use the Services, you agree and expressly consent to Umlaut's collection, use and disclosure of the information that you provide as described in this Policy.

Your Personal Information will be processed by Umlaut in the United States.

In addition to this general Policy, each Service may have additional privacy provisions that are specific to the particular Service. These supplemental disclosures are made adjacent to the particular Service at the time Umlaut collects the information. These supplemental disclosures also govern the use of your information.

In general you can use the Site and/or Service without telling Umlaut who you are or revealing any Personal Information about yourself. However, if you do not provide Umlaut with certain requested information, we may not be able to provide you with certain services and features that may be contained on the Site and/or Service.

1. INFORMATION GATHERED BY UMLAUT

Umlaut collects information about you in the following ways:

A. Information you voluntarily provide Umlaut.

Umlaut collects and maintains information that you voluntarily submit to Umlaut during your use of the Site and Services. For example: When you register for the Site, certain provided information to Umlaut will be required such as your name and email address; When you post comments and/or content on the Site and/or Service information about you that accompanies those posts or content, which may include a name, user name, likes, status, profile information and/or picture. This information is always public, which means it is available to everyone and may be displayed in search results on external search engines; If you sign up to enter a contest or sweepstakes or receive a newsletter, if any, you may provide Umlaut contact information (e.g., email or physical address); If you access or log-in to the Site and/or Services through a social media or other service or connect the Site and/or Services to a social media or other service, the information Umlaut collects may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with Umlaut, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service. When you access the Site and/or Services through social media services or when you connect the Site and/or Service to social media services, you are authorizing Umlaut to collect, store, and use such information and in accordance with this Policy; If you purchase a product or service, you may provide Umlaut your credit card information; and You may provide Umlaut with Personal Information in the course of email, customer support interactions and surveys.

B. Information Umlaut collects through your use of the Site.

As you use the Site and Services, certain information may also be passively collected. Through cookies, pixels, beacons, log files and other technologies, Umlaut may collect information about how you use the Site and the Services. For example, Umlaut may determine through an IP address that a particular computer or device is located in Los Angeles and Umlaut may use this information to deliver advertisements promoting Los Angeles-based businesses. This information allows Umlaut to deliver more helpful information, programs, tools and advertisements.

Umlaut may also combine online and/or offline information received from third parties ("Third Parties") with the information Umlaut has already collected from you via Umlaut's Site and/or Services. The third party information is used for a variety of purposes including verifying other information about you and to enhance the content and advertising Umlaut provides to you.

Umlaut and Third Parties may customize the advertisements that you see based upon: (i) the information that you provide Umlaut; (ii) data Umlaut receives from third parties; or (iii) your visits on the Site or use of Services and other websites or services (commonly referred to as "Behavioral Advertising"). Please see the "Cookies and Targeted Advertising" section below for more information on the use of tracking technologies and the information collected for Behavioral Advertising, and how you can delete cookies.

2. HOW UMLAUT USES YOUR INFORMATION

Umlaut may use your Personal Information in the ways described below or described at the time that the information is collected.

In general, Umlaut and Third Parties use your Personal Information as necessary or appropriate for purposes including, but not limited, to: administer your account; register you and provide you access to the Site and/or Services; respond to inquiries or requests in connection with the Site and/or Services; fulfill your requests for products or services; send communications and administrative emails about the Site and/or Services; personalize and better tailor the features, performance and support of the Site and/or Services for your use; send you Site and/or Service-related communications, including any notices required by law, in lieu of communication by postal mail (you may not opt out of Service-related e-mails); send you newsletters and other messages, including changes to features of the Site and/or Service and special offers that you may opt out of by clicking "unsubscribe" in the email and/or by editing your preferences on your “settings” page on the Site. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; send you promotional/marketing information, offers or other information regarding opportunities and functionality that Umlaut thinks would be of particular interest to you; improve the quality of the Site and the Services; and analyze, benchmark and conduct research on user data and user interactions with the Site and Services.

3. COOKIES AND TARGETED ADVERTISING

A. Tracking Technologies (e.g., Cookies)

Umlaut and/or Third Parties may use tracking technologies to provide you with a more personal and interactive experience with the Site and Services. These technologies may also be used to collect and store information about your usage of the Services, such as pages you have visited, the video and other content you have viewed, search queries you have run and advertisements you have seen. For polls, Umlaut may use cookies to help ensure that an individual can't vote more than once on a particular question or issue. Umlaut does not store Personal Information in any cookies on your computer.

Cookies can be removed by following your Internet browser's directions within the help tab. In order to use certain Services offered through the Site, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Site or Service may not work properly, and you may not be able to access the Site and/or Services.

Umlaut may also use cookies, pixels, web beacons (which are usually small, transparent graphic images), operating system and device information and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit, the features and information for which you searched and viewed, the email you opened, or on which advertisements you clicked.

An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. Umlaut, its partners or their respective service providers, may use your IP Address when you access the Site or Services or use other means to assist with delivering geographically targeted advertisements.

B. Targeted Advertising

Umlaut may work with third party companies (e.g., ad networks) that may use cookies for purposes including, without limitation, understanding Web usage patterns of users who see advertisements on the Site, controlling the sequence of advertisements you see, making sure you don't see the same advertisement too many times, determining your interests and tailoring advertisements and promotions based on those interests. The advertisement may appear when you are visiting a different section of this Site, another Site or any other website on the Internet if the website also has a relationship with Umlaut's vendor. You can choose to limit Behavioral Advertising on the Site by clicking http://www.aboutads.info/choices/ and opting-out of cookies placed by those vendors listed. After you opt-out, you will still see advertisements but the advertising may not be as relevant to your interests. If you change your computer, change your browser, or delete your cookies, you will need to renew your opt-out.

Umlaut adheres to the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (for more information click here at http://www.aboutads.info/consumers).

Advertisers or other third parties on the Site may also engage in Behavioral Advertising and use cookies and web beacons in the manner described above. Umlaut does not control these advertisers or other parties' use of cookies or web beacons or what they do with the information they collect. Many third party vendors that engage in Behavioral Advertising participate in the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) and abide by NAI and/or DAA principles. If you wish to opt out of participating in advertising programs conducted by NAI and DAA members or learn more about the NAI and DAA, please go to the NAI OPT-OUT website (http://www.networkadvertising.org/choices/) and DAA CHOICE PAGE (http://www.aboutads.info/choices/) and follow the instructions. After you opt-out, you will still see advertisements, but the advertising may not be as relevant to your interests. If you change your computer, change your browser or delete your cookies, you will need to renew your opt-out.

4. HOW UMLAUT DISCLOSES INFORMATION TO THIRD PARTIES

Umlaut may share your information with its parent companies, affiliates, and/or subsidiaries and with third parties under the circumstances described below. If you do not want Umlaut to use or disclose information collected about you in the ways identified in this Policy, you should not use the Site or Services.

A. Government Agencies

Umlaut may disclose and release your Personal Information to government representatives: (a) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (b) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to Umlaut's system or network, or in any cases in which Umlaut believes it is reasonably necessary to investigate or prevent harm, fraud, abuse, illegal conduct or a violation or alleged violation of this Policy or other agreement Umlaut may have with you.

B. Service Providers

Umlaut may provide your Personal Information to service providers who work on its behalf or help Umlaut to operate Umlaut's business, the Site and the Services. Examples of such service providers include vendors and suppliers that provide Umlaut with technology, services, and/or content for sending email, analyzing data, research, providing advertising and marketing assistance, processing payments (including credit card payments), and providing customer service. Access to your Personal Information by these service providers is limited to the information reasonably necessary to perform its limited function.

C. Third Parties

Umlaut may share aggregated Anonymous Information about you with the Third Parties. Aggregated information is your Anonymous Information that is combined with the Anonymous Information of other users.

D. Promotional Partners

Some or all of the information collected during promotions, contest, polls, or sweepstakes (collectively, "Promotions") may be disclosed publicly. It may also be shared with other third parties as disclosed at the time of collection or in the Promotion rules. These third parties may include providers of prizes in order to update you of your status of your prize if any, or other fulfillment needs or a co-sponsor who may use your Personal Information to administer the Promotion or for their marketing purposes, but only in conformance with their privacy policy as made available to you at the time of collection. Umlaut is not responsible for their privacy policy or practices. When you participate in a Promotion, you are subject to any official rules for that Promotion, which may contain additional information about the specific privacy practices associated with the Promotion. Notwithstanding the foregoing, you acknowledge and agree that any voting in connection with the Show, Site and/or Service by you shall not be deemed participation in and/or qualify as a Promotion under California law and/or for the purposes hereof, and Umlaut shall have no obligation and/or liability to you whatsoever in connection therewith, including without limitation, the obligation to award any prizes, gifts, and/or the assurance of any specific Show outcome or result.

E. Affiliated Companies

Umlaut may share your Personal Information and/or any other information collected hereunder with its subsidiaries and affiliated companies. Additionally, in the event Umlaut goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy.

F. Public

Umlaut may make message boards, chat rooms, blogs and other interactive forums available as part of the Services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Site or Services. By using these interactive Services, you agree that Umlaut is not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.

5. ACCESS AND CONTROL

At this time Umlaut does not respond to browser 'Do Not Track' signals, as Umlaut awaits the work of interested stakeholders and others to develop standards for how such signals should be interpreted. The Site and Services are not directed or intended for children under 13 years of age. Umlaut does not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the Site or through the Services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to Umlaut, please contact Umlaut at hello@umlautaudio.com so that Umlaut may delete and remove such child's information from Umlaut's systems. You may, of course, decline to submit Personal Information through the Site and/or Service, in which case the Site and/or Service may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account. Umlaut offers you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from Umlaut, you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive and/or by editing your preferences on your “settings” page on the Site. If you would like assistance disabling your account please contact customer service at hello@umlautaudio.com. Keep in mind, however, that even if you delete information from your account and/or profile, Umlaut may retain your Personal Information in conformance with its data retention policy and Personal Information may remain within Umlaut's databases, access logs, and other records. In addition, Umlaut is not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Policy.

6. OTHER IMPORTANT INFORMATION

The Sites may link to websites operated by third parties that Umlaut does not control. Umlaut does not monitor, control, or endorse the information collection or privacy practices of any third parties. Umlaut encourages you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by Umlaut through the Site or Services and does not apply to these third party websites. The ability to access information of third parties from the Site or Services, or links to other websites or locations, is for your convenience only and does not signify Umlaut's endorsement of such third parties, their products, services, websites, locations or their content. Umlaut places a priority on the security of Personal Information, and Umlaut undertakes reasonable security measures to help protect the data that resides on its servers. Umlaut also uses secure server software (SSL) to process all financial transactions that occur on the Site. SSL technology can encrypt Personal Information transmitted over the Internet. However, no security system is impenetrable. Umlaut does not warrant the security of its servers, nor does Umlaut warrant that your information, including Personal Information, will be completely secure or not be intercepted while being transmitted over the Internet. In addition, Umlaut is not responsible for the privacy or data security practices of other organizations, such as Facebook, Tumblr, Twitter, Instagram, Vine, Snapchat, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Services. If you have any questions regarding privacy or this Policy, you may contact Umlaut as follows: hello@umlautaudio.com. Umlaut reserves the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless Umlaut advises you otherwise. Your continued use of the Site or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. Umlaut encourages you to bookmark this Web page and review this Policy regularly.

Have questions? Contact us.