We've put the legal language in the left column, and its corresponding English translation in the right. We live in a litigious society, and we need to protect ourselves. But by the same token, you deserve to understand what you're signing up for without having to hire a lawyer.
These Terms of Service (the "Terms of Service") are a contract between you, the user, and Octave-Is, LLC., an Arizona Limited Liability Corporation with its principal place of business at 3310 W. Christy, Drive, Phoenix, AZ, 85029, USA ("Octave", "we", "us", or "our"). Octave operates Octave.is (the "Octave Site") and the audio hosting service therein. By using the Octave Site and any services accessible from the Octave Site, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Octave Site or any services or products offered on the Octave Site or on any other platform, including mobile applications, offered by Octave (collectively, the "Service" or "Services"). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. Octave reserves the right to refuse service to anyone for any reason at any time.
By signing up and becoming a member, you agree to everything on this page. Don't be an idiot, or we'll ban you.
In order to open an account on the Octave Site (the "Account"), you must (i) agree to these Terms of Service, and (ii) provide any other information required by Octave during the registration process. You will update this information to maintain its accuracy during the time you are using the Service. You are responsible for maintaining the security of your account and password. Octave cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content, audio, graphics or text that you may post on the Octave Site (the "Content") and activity that occurs under your Account. Any information submitted by you shall be subject to Octave's Privacy Policy. One person or legal entity may not maintain more than one Account. Accounts registered by "bots" or other automated methods are not permitted.
You're responsible for the information and content in your account. If your account gets hax0red because you used a junk password, we'll do what we can, but any nonsense that results is on you.
Octave hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Octave Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. You may not permit the Octave Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Octave Site. All rights not expressly granted to you are reserved by Octave and its licensors. You shall not (i) modify or make derivative works based upon the Octave Site; (ii) reverse engineer or access the Octave Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Octave Site, or (c) copy any features, functions or graphics of the Octave Site. You further acknowledge and agree that, as between the parties, Octave owns all right, title, and interest in and to the Octave Site, including all intellectual property rights therein.
Don't steal our code and go make Schmoctave. We will be very sad, and hold a grudge. Among other things.
The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify as an authorized user, you are not permitted to use the Services and no contract will be formed between you and Octave.
You can't enter in to a legally binding contract if you're under 18. Sorry.
Octave relies upon parents or guardians 18 years of age or older to determine if the Octave Site and Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you're under 13, you can't have an account at Octave at all. Sorry. If you're between 13 and 18, a guardian can sign up for you.
As a condition of your use of the Services, you agree to (a) provide Octave with true, accurate, current and complete information as prompted by the Octave registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.
Don't lie when you sign up.
You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Octave Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
Don't break the law at all, but especially where you live.
You shall: (i) notify Octave immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Octave immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
If you get hax0red, tell us immediately.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Octave Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Octave Site itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Octave Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
No, we're not going to buy you a computer or pay your cable bill.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Octave be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere.
If a user puts up something you don't like, it's not our fault. Conversely, if you put up something that's offensive or whatever, and people have a sad, you only have yourself to blame.
As a condition to your use of the Octave Site, you agree not to:
upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Octave Site;
upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained in the Octave Site;
reverse engineer, decompile or disassemble any of the software used to provide the Octave Site;
reproduce, duplicate or copy or exploit any other portion of the Octave Site, without the express written permission of Octave;
interfere with or disrupt the Octave Site, or any servers or networks connected to the Octave Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Octave Site;
obtain, collect, store or modify the personal information about other users;
modify, adapt or hack the Octave Site or falsely imply that some other site is associated with the Octave Site or Octave; or
use the Octave Site for any illegal or unauthorized purpose. You must not, in the use of the Octave Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Don't be a loser.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Octave, its users and the public.
If the government requires us to provide your user information, and their request is legal, we will give it to them. Otherwise, we'll not look at your account unless we have to in the normal course of supporting the site's operation.
You are solely responsible for properly canceling your account. You can cancel your account at any time by logging in to your account and going to the Account page. An email or phone request to cancel your account shall not result in cancellation.
If you don't want to have an account here on Octave, it's on you to turn it off via your account settings.
Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Octave once your Account is cancelled. Please be aware that Octave may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Once you delete your account, we'll remove all your content.
Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
We'll stop billing you once you delete your account, but your account will remain active until the end of your billing cycle.
Octave, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Octave may refuse to provide you any current or future use of the Octave Site, or any other Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Octave once your account is terminated; however Octave may for a time retain residual information in our backup and/or archival copies of our database.
This is just to protect ourselves. It means that if we catch you using Octave for something Octave wasn't meant for, we can terminate your account.
Octave reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Octave Site and Service (or any part thereof) with or without notice.
We might occasionally change things (hopefully for the better.) If we go out of business, that sucks for us, and also for you.
Prices of all Octave Sites, including but not limited to monthly and yearly subscription plan fees to the Octave Site, are subject to change upon 30 days notice from Octave. Such notice may be provided at any time by posting the changes to the Octave Site or emailing subscribers or both.
If we change our pricing plans, we'll tell you first.
Octave shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Octave Site.
Hopefully, all of our changes will improve the service for you. But if they don't, it's up to you whether or not you want to continue using Octave.
Octave reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Octave Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Octave Site after any such changes shall constitute your consent to such changes.
This page might occasionally change. If it does, we'll let you know.
All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of Octave and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the Octave name or any of the Octave trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to Octave or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.
Anything you upload to Octave is yours, but Octave itself is ours.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Octave's agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at dmca@octave.is or:
Octave Is, LLC
3310 W Christy Dr
Phoenix, AZ 85029
Please provide our Agent with a notice including:
Identification of the material on the Octave Site that you claim is infringing, with enough detail so
that we may locate it on the Octave Site;
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;
A statement by you declaring under penalty of perjury that (1) the above information in your
notice is accurate, and (2) that you are the owner of the copyright interest involved or that you
are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
If you found a track you own on our site, uploaded by someone else, let us know and we'll remove it.
UNDER NO CIRCUMSTANCES SHALL OCTAVE OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR OCTAVE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OCTAVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR OCTAVE SITE, FROM INABILITY TO USE THE SERVICES OR OCTAVE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR OCTAVE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
We aren't liable if Octave doesn't do what you think it does, or if one of our subscribers mis-uses it.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR OCTAVE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE OCTAVE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Just as an example, we're not responsible for lost profits if you're running a business through Octave and we have some downtime or something.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If the preceding bit doesn't apply, we'll deal.
Without limiting the foregoing, under no circumstances shall Octave or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of Gods, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Octave has a robust back-end, but if the world dies in a rain of nuclear fire, in this grim postapocalyptic future, where cockroaches the size of pygmy goats enslave the human race to use as a food source, we might have some downtime.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Octave and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed into Octave including infringement of intellectual property laws or civil or criminal claims. Octave shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
If you upload something you don't control the copyright for (like a DJ mix or mash-up) and the people that actually control that copyright get mad, that's on you. Don't use Octave to break the law. Period. Full stop. If we get notified that you're using Octave to infringe the law, we'll remove the infringing material. We'll notify you that we did this.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Octave.
Questions about the Terms of Service should be addressed to hello@octave.is or by mail at:
Octave Is, LLC
3310 W Christy Dr.
Phoenix, AZ 85029
Effective October 28, 2015.