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Terms and Conditions
Last Updated: November 14, 2019
AVID INTERNATIONAL, LTD. d/b/a AViD ("AViD" or “we”) provides personalized services with interactive features (the "Services"), which enables end-users (each, a “User”, “you” or “your”) to stream pre-recorded educational audio content (the “Courses”) as well as access and use other content, information, services, text, photographs, video, audio, graphics and software ordered (together with the Courses, “Content”) or provided on or through https://avid.fm/ and subdomains, mobile applications, and other media managed by AViD (collectively, the “Site”).
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITE, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SITE AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SITE OR REGISTER FOR AN ACCOUNT.
These Terms of Use are entered into by and between you and AViD, and together with the Privacy Policy and any other documents expressly incorporated by reference, govern your access to the Site, as well as any content or functionality of the Services, whether as a visitor or a registered user. Please read the Terms of Use carefully before you start to use the Site.
BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.
SITE LICENSE
We grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and make use of the Site and Content solely as provided herein, subject to these Terms of Use, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) the Site or Content, (ii) any Registration Data (defined below), (iii) any other content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, chats, posts, identifying marks, Site pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Site or Content by AViD (collectively, “Site Content”), which Site Content is and will remain the sole and exclusive property of AViD, or (iv) any content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, and other intellectual property that any other User submits or uploads onto the Site (collectively, “User Content”), including, without limitation, in Interactive Areas (defined below), which User Content is and will remain the sole and exclusive property of the applicable User (subject to the licenses granted to AViD herein).
We retain all right, title, and interest in and to the Site, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Site, (iii) all other materials and content uploaded or incorporated into the Site, including, without limitation, all Site Content (but excluding User Content, which is owned by the applicable User, but which AViD has a license to use pursuant to these Terms of Use, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Site IP”). Site IP is protected in all forms, media, and technologies now known or hereinafter developed. AViD owns all Site IP, as well as the coordination, selection, arrangement, and enhancement of such Site IP as a Collective Work under the U.K. Copyright Law. The Site IP is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.
Violation of this License may result in infringement of intellectual property and contractual rights of AViD, other Users of the Site, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
THIRD-PARTY SERVICES AND AFFILIATES
The Site may include embedded third-party content or links (such as hyperlinks) to third party websites, resources, content or services (including external websites that are framed by the Site as well as any advertisements displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by AViD (collectively, “Third-Party Services”). When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that AViD is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third-Party Services. If you believe any Third-Party Services violates applicable law or may be inappropriate, please notify AViD. The inclusion of any Third-Party Services does not imply any association between AViD and their operators. By using the Site, you expressly relieve and hold AViD harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Services on the Site or the failure of such Third-Party Services to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
INTERACTIVE AREAS AND USER CONTENT
The Site may contain interactive areas where Users can upload their own User Content (the “Interactive Areas”). You acknowledge and agree that submissions made to Interactive Areas may be publicly available to all other Users, or in certain cases, specific other Users, and that you may be publicly identified when communicating in Interactive Areas, and AViD will not be responsible for the action of any Users with respect to any information or materials posted in Interactive Areas. Your User Content will be accompanied by your real name and may not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas must not misrepresent their identity or their affiliation with any person or entity. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Site or transmit to us any User Content that you consider to be confidential or proprietary.
You hereby acknowledge and agree that AViD does not actively monitor or police the Interactive Areas or specific interactions between Users of the Site (and has no obligation to do so) and you hereby disclaim and hold AViD harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User. Notwithstanding the foregoing, AViD reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Site to any infringing party.
Unless otherwise provided in a separate written agreement between you and AViD, you retain all right, title and interest in and to any User Content that you upload onto the Site; provided, that you hereby grant to AViD a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights you have in such User Content in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Site (the “User Content License”). This license is without any payment, permission or notification due from AViD to you or any third party. The User Content License includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform, and sublicense User Content in any form, medium, or technology now known or hereafter developed. By submitting User Content to the Site, you acknowledge and agree that AViD may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to your User Content. You agree that you will have no recourse against AViD for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to AViD. You acknowledge and agree that your submission of User Content to the Site does not create any new or alter any existing relationship between you and AViD.
You certify and warrant that your User Content is your original work or that the owner of such works has expressly granted to AViD a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you to AViD, and do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property right or any proprietary right.
You may remove your User Content at any time. If you remove any posting, AViD will cease using that particular posting in promotional materials and derivative User Content; provided that (i) AViD may not be able to control uses of your User Content made by other users and will not be liable for any use by a third party and (ii) AViD may maintain a copy of removed User Content for archival and legal purposes.
You acknowledge and agree that AViD may establish general practices and limits concerning your use of the Site or Content. You agree that AViD has no responsibility or liability for the blocking, deletion, or failure to store any User Content maintained or transmitted by the Site. You further acknowledge that AViD reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
DIGITAL MILLENNIUM COPYRIGHT ACT
AViD reserves the right to remove any Site Content or User Content that allegedly infringes another party’s copyright. AViD will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s copyright. Notices to AViD regarding any alleged copyright infringement should be directed to AViD via email at hello@avid.fm.
Notification of Alleged Copyright Infringement: If you believe in good faith that your work has been copied in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where on the Site the material you claim is infringing may be found, sufficient for AViD to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.
U.K. law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Counternotice to Restore User Content Removed for Alleged Copyright Infringement: If you believe that your User Content has been removed by mistake or misidentification, you may provide us with a written counter-notification containing the following information:
Your name, address, telephone number, and email address;
A description of the material that was removed;
A description of where on the Site the material that was removed previously appeared (e.g., URL);
A statement that you have a good faith believe that the material was removed or disabled as a result of a mistake or misidentification;
A statement by you under penalty of perjury under applicable law that the information in your counter-notice is accurate;
A statement that you consent to the jurisdiction for the judicial district in which your address is located, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.

LIMITATIONS ON SITE USE
You are solely responsible for all your interactions with the Site and other Users on or through the Site, including, without limitation, your participation in Interactive Areas. In your interactions with other Users, you agree to conduct yourself professionally, civilly, and respectfully at all times.
The Site and Site Content, and any User Content belonging to another User, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Site’s functionalities or without express prior written consent of AViD, or in the case of another User’s User Content, the applicable User.
With limiting the foregoing, while using the Site, you may not:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of AViD or other Users, or use information learned from the Site or Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of AViD or any other User outside of the Site.
Upload User Content to the Site, or otherwise utilize Interactive Areas to communicate or distribute information, that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
Use the Site or Content for any purpose in violation of applicable local, state, federal, or international law.
Use or otherwise export or re-export the Site or any portion thereof, or the Site Content or User Content in violation of the export control laws and regulations of the United Kingdom.
Upload User Content or files that contain software or other material that violate the intellectual property rights (or rights of privacy or publicity) of any third party or for which you have not obtained the necessary rights or permissions to use accordingly.
Upload User Content or files that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other User’s computer.
Advertise or offer to sell any goods or services for any commercial purpose through the Site, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, which may be removed from the Site without notice to you at any time, unless otherwise agreed by you and AViD in a separate written agreement.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or User or knowingly allow any other person or entity to use your identification or Account (as defined below) to post or view comments on, or otherwise utilize, the Site.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
Restrict or inhibit any other User from using and enjoying the Interactive Areas.
Imply or state that any statements you make are endorsed by AViD or any other User without the prior written consent of AViD or such User.
Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Site in any manner.
Hack or interfere with the Site, its servers, or any connected networks.
Adapt, alter, license, sublicense, or translate the Site or Content for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by AViD.
Upload User Content that provides materials or access to materials that exploit people under the age of eighteen (18) in an abusive, violent, or sexual manner.
Use the Site to collect Registration Data (as defined below) of Users by electronic or other means.
Use the Site in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining AViD’s trade secret information for public disclosure or other purposes.
Use, transfer, distribute, or dispose of Site, Site Content or User Content in any manner that could compete with the business of AViD.
Cause or induce any third party to engage in the restricted activities above.
The License granted to you terminates automatically upon any unauthorized use of the Site or Content and AViD will take appropriate investigative and legal action for any illegal or unauthorized use of the Site or Content.
UNLAWFUL ACTIVITY; TERMINATION OF SITE ACCESS
We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses, usage history, User Content, IP addresses, and traffic information.
We further reserve the right, in our sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Site (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if we believe in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable. We may also terminate your access to the Site if you file any claim against AViD or file any claim that involves the Site. We also reserve the right, at our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by AViD. In the event your right to use the Site terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.
You may terminate these Terms of Use at any time by ceasing all use of the Site and Content; provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination will continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.
USER ACCOUNTS
In order to utilize certain full functionalities of the Site, each User may need to register and create an account (each, an “Account”). You agree to create only one (1) unique Account and that you will be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to AViD will be and remain at all times true, accurate, current, and complete. AViD may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by AViD.
AViD will have the right to use your Registration Data in connection with servicing and operating the Site. You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive, or otherwise inappropriate, (iv) to not allow any third party to use your login information, Registration Data, or Account, and (v) to notify AViD of any breach of security by promptly sending AViD an e-mail to hello@avid.fm. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. AViD is not responsible for any loss or damage as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.
COURSES; FEES AND PAYMENTS
AViD charges fees for access to certain parts of the Site and Content, and in particular for the Courses. In order to access these areas, you may be required to establish an Account. Notwithstanding, any specific arrangement you may make with AViD regarding payment of fees will not affect in any way your other obligations under the Terms of Use, except as provided otherwise herein. You must pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Site. All fees and charges will be billed to you, and you will be solely responsible for their payment. You must pay all applicable taxes relating to the use of the Site, Content, and any other products or services through your account. Certain portions of the Site or the Site as a whole may require a subscription agreement and/or a prepaid fee which may be modified from time to time in AViD’s sole discretion. The prepaid fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you be allowed access to any portion of the Site or Content for which a prepaid fee is required unless and until AViD receives all fees and charges payable by you.
Fees for Courses vary and are as advertised on the Site, and you will be given access to the applicable Course only upon AViD’s receipt of full and complete payment. Full refunds for a particular Course are available upon request up to 365 days following your purchase of the particular Course, as long as the User shows AViD proof of attempts to the course assignments, after which time no refunds are available for any reason. If AViD believes, in our sole discretion, you are abusing our refund policy, we reserve the right to ban your Account and to restrict all future use of the Site. If we ban your Account or disable your access to a course due to your violation of these Terms of Use, you will not be eligible to receive any refund.
Any questions or concerns relating to the Courses generally, or the content or quality of a particular Course, may be directed to hello@avid.fm.
REPRESENTATIONS AND WARRANTIES
The Site is available only to persons who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or to persons who are between the ages of thirteen (13) and eighteen (18) who have their parent or guardian’s permission to use the Site. BY ACCESSING AND USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), OR HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SITE IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS OF USE, AND THAT YOU WILL SO ABIDE.
You represent and warrant that (i) all Registration Data and User Content and other information you submit to the Site is true, accurate, current, and complete, (ii) that you are the sole owner of all right, title, and interest in, or have obtained all necessary rights and licenses from the applicable owner of, any User Content or other information you submit or upload onto the Site, and (iii) that such User Content and other information, when used for the purposes in which it is submitted onto the Site, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy. You acknowledge and agree that you will be solely responsible for all Registration Data, User Content, and other information that you post, upload, link to, publish, exchange, or display on the Site and that AViD reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any such Registration Data, User Content, or other information from the Site AViD determines, in its sole discretion, does not comply with these Terms of Use, or for any other reason, without notice or liability to you.
ADVERTISERS ON SITE
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. AViD will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
SPECIAL PROMOTIONS
AViD may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of AViD, and can be activated, modified, or removed at any time by AViD without advance notification and the liability of any of AViD’s partners pursuant to such promotional opportunities, sweepstakes, and contests will be limited pursuant to these Terms of Use.
COMMUNICATIONS
By providing AViD with your email address and using the Site, you affirmatively consent to the use of your email address for notifications from AViD regarding important service announcements and other administrative communications related to your use of the Site, as well as certain marketing and other advertising communications from AViD and from third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Site, your only way to opt out of such messages is to stop using the Site.
AViD disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Site (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. AViD assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Site, you expressly relieve and hold AViD harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
DISCLAIMERS
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AVID MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SITE OR THIRD-PARTY CONTENT LINKED TO THE SITE AND 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 THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. AVID DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND AVID 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, OTHER THAN AS PROVIDED HEREIN. 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 WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER AVID NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SITE. NEITHER AVID NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER AVID NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. AVID AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT AVID IS ONLY WILLING TO PROVIDE THE SITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD AVID OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, OR OTHER AGENTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY AVID OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL AVID OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, OR OTHER AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT AVID AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, AND OTHER CONTRACTING PARTIES, TOGETHER WITH THEIR RESPECTIVE DIRECTOR, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, AND OTHER AGENTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.K. POUNDS (ÂŁ100.00).
YOU AND AVID AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR AVID WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR AVID ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND AVID FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, AVID, AND ALL PARTIES TO ANY SUCH PROCEEDING.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless, AViD and its parents, subsidiaries, and affiliates and their respective directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective director, officers, employees, successors, assigns, consultants, and other agents, from and against any and all losses, liabilities, damages, costs, or expenses (including attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Site; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) any Registration Data transmitted by you to AViD or User Content posted by you onto the Site; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party rights, including, but not limited to, any intellectual property rights. AViD will promptly notify you of any such claim, and you will assume control of the defense of such claim upon AViD’s request. AViD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of AViD.
ERRORS AND CORRECTIONS; UPDATES
AViD does not represent or warrant that the Site, Site Content, or User Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. AViD does not warrant or represent that the Content available on or through the Site will be correct, accurate, timely, or otherwise reliable. Your access to the Site may be interfered with by numerous factors outside of AViD’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. AViD is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Site. In addition, perfect security does not exist on the Internet; AViD cannot and does not guarantee that any Registration Data or other personally identifiable information relating to you submitted to the Site will not become public under any circumstances.
AViD may in the future update the Site to change the Site Content and/or features thereof at any time (an “Update”). AViD will not be liable to any User in any way as a result of any temporary suspension of the Site or Content arising from or in connection with an Update. Furthermore, AViD is under no obligation to undergo an Update of the Site to the extent any Site Content, User Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein will apply in full to any Update.
PRIVACY
Your privacy is very important to AViD. To understand our practices, please review our Privacy Policy, which is incorporated by reference into these Terms of Use and also governs your use of the Site. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.
GOVERNING LAW AND JURISDICTION; DISPUTES
The Terms of Use are governed by and construed in accordance with the law of the United Kingdom without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use will be filed only in the courts located in the United Kingdom, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ASSIGNMENTS
AViD may assign, sub-contract, and/or otherwise transfer any or all of our rights and/or obligations under these Terms of Use to any company, firm, or person. You may not transfer your rights or obligations under these Terms of Use to anyone else.
WAIVER AND SEVERABILITY OF TERMS; ENTIRE AGREEMENT
Failure by AViD to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision will be deemed severed from the remaining provisions and will not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Site and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Site, Site Content, Interactive Areas, and User Content.
CONTACT
Questions or comments about the Site or our services or these Terms of Use should be sent by email to hello@avid.fm.
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Privacy Policy
Last Updated: November 14, 2019
The Avid.fm website and subdomains, mobile applications, and other media including all of their respective features and content (collectively, the “Site”) is a service made available by AVID INTERNATIONAL, LTD. d/b/a AViD (“AViD”, “we” or “our”).
HOW THIS PRIVACY POLICY APPLIES
Your privacy is very important to us, and in order to best protect your information, we have adopted this privacy policy (“Privacy Policy”), which applies to any and all information each visitor or user of the Site (each, a “User”, “you” or “your”) submit to us in connection with your access to and/or use of the Site. This Privacy Policy describes the information we collect from you through the Site, how we use that information, and our legal basis for doing so. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide to us. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide to us. Capitalized words not defined in this Privacy Policy are defined in our Terms of and Conditions of Use (“Terms & Conditions”, or “Terms of Use”).
By using the Site, you are accepting the practices described in this Privacy Policy (including new versions of this Privacy Policy when and as they go into effect), and the Terms of Use, which governs this Privacy Policy and contains all disclaimers of warranties and limitation of liabilities.
WHAT INFORMATION WE COLLECT AND RECEIVE
In order for you to use our Site, we need to collect and process certain information, which depending on how you use the Site, may include:
Information you provide by using the Site, such as by registering and creating an Account and completing forms on the Site, or by posting User Content in the Interactive Areas (as such terms are defined in the Terms of Use), such as your first and last name, email address, mailing address, or telephone number. We may also ask for this information if you subscribe to our newsletter, complete surveys, or contact us;
Details of any requests or transactions you make through the Site. We partner with Stripe for payment processing and the credit card and other payment information you submit is collected and used by them in accordance with their privacy policy available at https://stripe.com/ie/privacy;
Information about your activity on and interaction with AViD, such as your Internet Protocol (IP) address, the type of device or browser you use to access the Site, and usage data such as time spent on and your actions on the Site;
Information about the ways people visit and interact with our Site in the form of web traffic analytics. We also work with (or may in the future work with) third parties such as Google Analytics and Mixpanel to provide analytics services. You can opt out of being included in Google Analytics here. For more information about our use of data analytics to protect and improve our Site, see Cookies and How We Utilize Them below; and
Communications you send to us, such as when you request support, send us comments or questions, or report a problem to us.
We also collect and maintain aggregated, anonymized, or pseudonymized information to protect the safety and security of our Site, improve our Site, or comply with legal obligations.
You may decline to provide us with some or all of your information. However, this will limit your ability to use our Site.
COOKIES AND HOW WE UTILIZE THEM
We use the following types of cookies and other technologies:
Security: We secure the Site with cookies that facilitate security features and allow us to detect activity that might violate our rules and Terms of Use, such as unauthorized access or activity.
Localization: Some cookies help us provide localized experiences, such as displaying the Site in the local language.
Site Features and Services: Certain cookies provide greater functionality to the Site and help us deliver our products and services.
Performance: We use performance cookies to help us route traffic between servers and understand how the Site is performing so we can provide users with the best experience possible.
Analytics and Research: Cookies and other technologies also help us to understand, improve, and research features and content on the Site, such as by using Google Analytics, which you can opt out of here.
Marketing and Online Behavioral Advertising: Cookies help us deliver targeted advertisements on social media platforms based on your activity on the Site and to track the performance of those ads. In some cases, our partners may use cookies to provide us with information about your interactions with their services. Those third-party cookies would be subject to such third-party service’s privacy policies. The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt out of having your online behavior collected for advertising purposes, click here.
LIMITING OR BLOCKING COOKIES AND OUR DO NOT TRACK POLICY
Your browser may give you the ability to control cookies, which may depend on the type of cookie, and browsers can be set to reject browser cookies. However, blocking or deleting cookies may prevent you from using most of the Site.
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. If you block cookies, certain features on the Site may not work. If you block or reject cookies, not all of the tracking described here will stop.
Note that certain options you select are browser- and device-specific.
HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect for the following purposes:
To protect the Site;
To enable us to provide you with the Site, and to improve and promote the Site and our services;
To contact you and customize your experience on the Site; and
To track and analyze use of the Site and our services so that we can improve how AViD is performing and provide our users with the best experience possible.
EUROPEAN UNION USERS
European Union data protection law requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful bases include:
Consent: In certain cases, you have affirmatively provided us with your consent to collect your personal data for a specific purpose, such as providing your name and email address when you register an Account or sign up for our newsletter.
Contract: We may need your personal data to comply with our contractual obligation to deliver the Site, such as fulfilling subscriptions or transactions.
Legal Obligations: Sometimes the law requires us to collect and use your data, such as applicable tax laws may require us to retain records of payments made through the Site.
Legitimate Interests: This is a technical term that means we have a good and fair reason to use your data and we do so in ways which do not harm your interests and rights, such as to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests. For example, we use identity, device, and location information to prevent fraud and abuse and to keep the Site secure, may also send you promotional communications about the Site and services subject to your right to opt out, analyze how users interact with the Site so we can understand better what elements do or do not work well, which allows us to improve and develop the quality of the online experience we offer all our Users.
HOW WE SHARE THE INFORMATION WE COLLECT
Information that May be Publicly Accessible
If you post User Content in Interactive Areas, other Users will be able to view such User Content, along with your name and email address that you provide in posting the User Content to the Interactive Areas. Do not post to Interactive Areas any information, including, without limitation, personal information, that you do not want to be publicly accessible.
Additionally, personal information in your Account profile is shared or otherwise viewable by other Users unless you specifically choose the option within your account for your profile to be anonymous. Bear in mind that if you wish to remain anonymous, you may not be able to take advantage of some of the functionality of the Site.
Information We Never Share Publicly
The following personal information is never publicly displayed or revealed to other Users (unless you post it in the Interactive Areas or share it in your public Account profile):
Your name;
The date you register for any services we provide through the Site, such as our newsletter/mailing list;
Your email address, IP address, mailing address, or phone number;
Any other identity verification information or documentation;
Any payment information you provide; and
Communications you send to us.
Information We Share with Trusted Third-Party Service Providers
We may share certain information pertaining to you with certain trusted third-party service providers to help us provide, improve, promote, or protect the Site, such as when we partner with payment processors or use services to help us manage our ads on other websites. When we share data with third-party services to help us deliver the Site and our services, we require those service providers to use your information only for the purposes we authorized and to protect your personal information at least to the same standards we do. We may also share information that is aggregated and anonymized in a way that it does not directly identify you.
Information We Share to Protect AViD and Comply with the Law
We reserve the right to disclose information we collect from or about you when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect AViD’s legal rights, property, or the safety of AViD, its Users, or others. You hereby authorize us to share or disclose your personal information, including, without limitation, any content, records, or electronic communications of any kind, when we determine, in our sole discretion, that the disclosure of such information is necessary to identify, contact, or bring legal action against you if:
You are or may be violating the Terms of Use or this Privacy Policy;
You are interfering with the rights or property of AViD or a third party;
You are violating any applicable law, rule or regulation;
Necessary or required by any applicable law, rule or regulation; or
Requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.
In the event AViD is acquired by or merged with a third-party entity or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have collected from Users as part of such merger, acquisition, sale or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred or used.
Links to Other Websites and Services
Our Site may include links to other websites or services whose privacy practices may differ from AViD’s privacy practices as described in this Privacy Policy. When you click or otherwise use a link to an external website or service, the privacy policy and data processing disclosures for that website or service govern.
DATA RETENTION
We will retain the information we collect from or about you as long as necessary to provide you with the Site or our services, or as otherwise set forth in this Privacy Policy, and to the extent set out in this Privacy Policy and as necessary to comply with our legal obligations, resolve disputes, enforce our agreements and protect AViD’s legal rights. Additionally, we may retain indefinitely any aggregated, anonymized or pseudonymized information which we may collect and maintain.
CROSS-BORDER DATA TRANSFERS
AViD is based in the United Kingdom so your information will be collected and processed in the United Kingdom, which has its own laws governing data protection and access to it, including by the government. If you reside outside of the United Kingdom, be advised that the rules that protect your personal information under United Kingdom law may differ from those of your home country.
CHILDREN’S PRIVACY
The privacy of children is of the utmost importance, and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Site does not knowingly collect, use, or disclose personal information from children under the age of 13. If we ever discover that we have inadvertently collected personal information from children under the age of 13, we will delete it as soon as possible. If you are a parent or legal guardian and believe that we have collected personal information from your child under the age of 13, please email us at hello@avid.fm, and we will take steps to delete such personal information as soon as possible.
ACCESSING YOUR INFORMATION
Users residing in certain countries, including citizens or residents of the European Economic Area, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of such user’s personal information. Even after you request we delete your personal information, we may retain certain information as required by law or as necessary for our legitimate business purposes.
EMAIL NOTIFICATIONS
We want to communicate with you only if you want to hear from us. We will send you email relating to your transactions with us. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt out at any time by adjusting your notification settings. We will also send you service-related announcements when and as necessary. We try to keep emails to a minimum and give you the ability to opt in to any marketing communications we send.
We maintain a strict “no-spam” policy. We will not use false or misleading subjects or email addresses, identify the message as an advertisement in a reasonable way, include the physical address of our business, monitor our third-party email marketing services for compliance, honor opt-out/unsubscribe requests quickly, and allow users to unsubscribe by using the link at the bottom of each email. If you are having problems unsubscribing please contact us at hello@avid.fm by forwarding the newsletter, if applicable, and including the word “Unsubscribe” in the subject line and we will use reasonable efforts to remove you within seven (7) business days. Please note that we will not process any unsubscribe requests submitted as direct replies to any newsletter.
SECURITY
We take security seriously, and the security of your personal data is important to us. We follow industry-standard practices to protect the data we collect and maintain, including using Secure Sockets Layer (SSL) to encrypt information as it travels over the Internet. No method of transmission over the Internet or electronic storage is completely secure, so we cannot guarantee its absolute security.
UPDATES TO THIS PRIVACY POLICY
We may change the terms of this Privacy Policy at any time. Whenever we make a material change, we will post on the Site or send you an email. The effective date of the most recent version of this Privacy Policy will appear at the top of this page. New versions of this Privacy Policy will never apply retroactively.
CONTACT
Questions or comments about this Privacy Policy should be sent by email to hello@avid.fm.