Terms of Service
AudPop Overview of Terms
These terms and conditions (“Terms of Service”) govern your access to and use of the AudPop website and any and all information, text, graphics, photos or other materials (collectively “content”) uploaded, downloaded or appearing on the services. By accessing and using the services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the services. Wherever used in these Terms of Service, “you,” “your” or similar terms mean the person or legal entity utilizing or accessing the services.
We partner with film festivals to sponsor certain categories at AudPop. We have also developed mobile technology for audiences to vote at those festivals they are attending via our site.
AudPop may update and change the Terms of Service from time to time without notice. Continued use of the service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing these Terms of Service.
- You are responsible for your use of the services and for any content accessed or made available to others through your account (even if that content is accessed or made available by others). AudPop will not be held responsible for your use of the services or for any such content.
- To access or use the services, you must be able to form a binding contract with AudPop and you must not be prohibited from receiving the services under United States law or any other applicable laws.
AudPop may change the services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
- You acknowledge that the services allow you to access and use content and services offered by third-party service providers (e.g., Twitter, Facebook, etc.). You must agree to comply with the relevant terms and conditions of any such third-party service provider.
- Your access to and use of the services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the services and AudPop may, but has no obligation to, terminate your ability to access or use the services at any time.
- In order to use AudPop you must be at least 13 years of age.
Your Account and Voting Terms
1. You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. AudPop encourages you to use a strong password (passwords that use a combination of upper and lowercase letters, numbers and symbols) for your account. AudPop will not be responsible for any loss or damages resulting from your failure to comply with this obligation.
2. Each account login may only be used by one person – a single login shared by multiple people is not permitted.
3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
4. One person or legal entity may not maintain more than one free or APRO account.
5. You may not vote on behalf of someone else.
6. If you are involved in a brand contest, it is up to that brand to determine how they will deal with cheating in contests.
7. If you are caught cheating, AudPop reserves the right to delete your account.
8. Using vote collecting websites like, but not limited to, getonlinevotes.com, votesforcontest.com or vapulsemedia.net is not allowed.
9. Filmmakers and third parties may tell their customers, friends and neighbors about a video contest and direct them to AudPop to vote for a film. Filmmakers are encouraged to share information they believe is relevant through links to their AudPop filmmaker page. Filmmakers are responsible for complying with all applicable terms of each third-party platform and all applicable laws in connection with sharing information about its film(s).
10. Neither filmmakers nor third parties retained by filmmakers may solicit or entice others to vote by offering any type of consideration, including gifts, awards, barters, bribes or inducements, including merchandise, cash, online currency, discounts, lottery or anything deemed to have value in exchange for votes, including donations to charity. Noncompliance may result in removal from the video contest.
11. Soliciting others for votes or sending spam related to voting is not within the spirit of the video contest and films may be subject to removal from the video contest if it is determined that they have participated in any such activities. Notwithstanding anything in these rules, filmmakers may purchase print or digital advertisements simply stating they are participating in the program to encourage their friends, family and fans to vote.
12. The count of eligible votes by AudPop shall be deemed final. AudPop reserves the right to eliminate or disregard any and all votes in excess of stated limits or otherwise not in accordance with the rules or any instructions on the site, including any voting instructions.
13. AudPop is not responsible for nor is it required to count in its sole and absolute discretion late, lost, misdirected, unlawful or illicit votes, votes cast for a filmmaker later determined to be ineligible, votes cast in violation of the rules, votes achieved through automated means by using more than one account, using another person’s name or identity, or votes that are achieved through other fraudulent means, unsportsmanlike conduct or in a manner otherwise inconsistent with these video contest rules.
Use and Restrictions
1. You may only use the services to access content on AudPop website and access, manage and obtain information about your accounts with third-party service providers in accordance with these Terms of Service and any terms specified by the third-party service providers.
2. You may not access or search or attempt to access or search the services by any means, automated or otherwise, except through AudPop’ currently available interfaces.
3. You may not use the services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in the United States, Canada or any other eligible country.
4. You may not use the services in a way that is detrimental to the operation of the services or the access or use of the services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the services, including by hacking, deleting, augmenting or altering the services or any content.
5. You may not, without AudPop’ prior written permission, including the permissions granted by these Terms of Service:
a. copy, distribute (including by framing any of the services on any website), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease or otherwise attempt to exploit the services;
b. decompile, disassemble, reverse engineer or otherwise attempt to discover the source code, except to the extent that this restriction is expressly prohibited by law;
c. make derivative works of the services;
d. or modify another website so as to falsely imply that it is associated with the services provided by AudPop.
1. You understand that by using the services you may be exposed to content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate or deceptive.
2. AudPop and its designees have the right, but not the obligation, in their sole discretion to refuse or remove any content that is available via the services. AudPop may, but have no obligation to, remove content and accounts containing content AudPop determines in its sole discretion to be unlawful, offensive, harmful, inaccurate or otherwise inappropriate or deceptive, including content AudPop determines in its sole discretion to be libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property.
3. AudPop does not permit verbal, physical, written or other abuse, including threats of abuse or retribution, of any AudPop’ customer, employee, member or officer. Engaging in any such behavior may at AudPop’ sole discretion result in the immediate termination of your account.
4. You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMS or spam messages through the services.
5. You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature (“viruses”) through the services.
Cancellation and Termination
1. If you choose to cancel your account, you are solely responsible for sending an email to firstname.lastname@example.org with the subject line “Cancel My Account.”
2. Your cancellation will take effect immediately and AudPop will delete all of your content from the services reasonably promptly after cancellation. Once you cancel your account, your content cannot be recovered and your votes will be cancelled as well.
3. AudPop does not accept any responsibility for loss of content due to account cancellation.
4. AudPop, in its sole discretion, has the right to suspend, terminate or restrict your access to the services, or any other AudPop service, for any reason and at any time. Such termination of the services will result in the deactivation or deletion of your account or your access to your account and the deletion of all content on your account. AudPop reserves the right to refuse to provide services to anyone for any reason at any time.
5. The provisions regarding Use and Restrictions, Payment Matters, Cancellation and Termination, Ownership, Disclaimer and Limitation of Liability and General and any provisions which by their nature survive shall survive the termination of these Terms of Service.
Ownership and Licenses
1. AudPop and its licensors retain title to and ownership of all rights, including copyright, trademark, patent, trade secret and all other intellectual property rights, in and to the services and AudPop content. You acquire no rights whatsoever to all or any part of the services except for the limited-use rights granted by these Terms of Service. All rights not expressly granted to you are reserved to AudPop and its licensors.
2. We claim no intellectual property rights over the content made available to others through your account. Additionally, your profile and other content you provide to AudPop in connection with the services remain yours. However, by making that content available to others through the services or providing it to AudPop through the services, you grant AudPop a worldwide, nonexclusive, royalty-free, fully paid license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content through any or all media or distribution methods, whether now known or hereafter developed. You also acknowledge the purpose of the services is to access the services of third-party service providers and that as a result you are agreeing to grant to AudPop any and all other rights you grant to applicable third-party service providers.
3. If you are submitting to a user-generated contest sponsored and/or hosted by a brand, you agree to share the rights to your content submitted to their contest in perpetuity with AudPop and the contest brand host. You hereby assign to AudPop and the brand host shared rights, title and interests, including all intellectual property rights, in and to such other submissions and shall be entitled to the unrestricted use and dissemination of these other submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by AudPop and/or the brand contest host, in its sole discretion, to confirm such assignment to, and unrestricted use and dissemination by, AudPop of such other submissions.
4. Unless otherwise indicated in the website, the website and all content and other materials on the website, including, without limitation, AudPop’s logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively “website materials”) are the proprietary property of AudPop or its sponsors, licensors or users and are protected by U.S. and international copyright and/or other intellectual property laws. You are granted a limited license, which cannot be sublicensed, to access and use the website and electronically copy, except where prohibited without a license, and print to hard copy, portions of the website materials for your informational, noncommercial and personal use only. Such license is subject to these terms and does not include:
a. any resale or commercial use of the website or the website materials therein;
b. the collection and use of any product listings, pictures or descriptions;
c. the distribution, public performance or public display of any website materials;
d. modifying or otherwise making any derivative uses of the website and the website materials or any portion thereof;
e. use of any data mining, robots or similar data gathering or extraction methods;
f. downloading (other than the page caching) any portion of the website, the website materials or any information contained therein, except as expressly permitted on the website; or
g. any use of the website or the website materials other than for its intended purpose. Any use of the website or the website materials other than as specifically authorized herein, without the prior written permission of AudPop, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Content Posted on AudPop
Except as otherwise specified in the Official Rules and any Entries that you assign to AudPop in accordance with the Official Rules, upon submitting an Entry to a Project, or other documentation pertaining to a Project, you retain any rights to ownership in any content posted, uploaded or otherwise sent to our Website by you; AudPop will not gain ownership rights to this content. By posting, uploading or otherwise sending any content of any kind (including, without limitation, ideas, pitches and video entries) to us or our Website, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce and publish such content into any form, medium or technology, including the right, at AudPop’s sole discretion, to distribute such content to be published by third parties throughout the universe. In connection therewith, you also grant us the additional license to modify, adapt, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium or technology, including the right, at AudPop’s sole discretion, to distribute such content to be published by third parties.
You waive any and all moral rights, including, without limitation, any rights arising under Chapter 7 of the Copyright and Related Rights Act 2000 applicable to European Union residents, and all rights of a similar nature in any jurisdiction in any material, including content of any kind, which you post, upload or otherwise send to AudPop or it’s Website, such waivers being in favor of AudPop.
You are also prohibited from posting or otherwise uploading to our Website: any material that infringes on any copyright, trademark, trade names, trade secrets, or other proprietary rights of another (including publicity and privacy rights); material that is obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violates any law. You also represent that you have all necessary rights to use any material that you post or otherwise upload to our Website.
You are further forbidden from distributing or otherwise publishing any material on our Website that contains any solicitation of funds or, promotion, employment, advertising, or solicitation for goods or services; sending unsolicited commercial e-mail and other advertising, promotional materials or other forms of solicitation to other users of this site; harvesting names and e-mail addresses from other users of this site without their permission; soliciting passwords from other users; impersonating other users; or sending viruses or other destructive or expropriating content.
We reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity or defamation or to otherwise review or edit such materials as appropriate, in our sole discretion and without notice.
Disclaimer and Limitation of Liability
The services are provided as is, as available, with all faults and without warranties, representations or conditions of any kind. Use of the services is entirely at your own risk. AudPop does not make any representations, warranties or conditions about the quality, accuracy, security, reliability, completeness, quiet enjoyment, currency or timeliness of the services. AudPop does not assume any responsibility for any incompleteness, errors, security, viruses, bugs, problems, omissions, inaccuracies or other limitations in or interruptions in the operation of the services.
To the fullest extent permitted by law, AudPop disclaims all warranties, representations and conditions of any kind with respect to the services, whether express, implied or collateral, including without limitation the implied warranties and conditions of merchantability, fitness for a particular purpose and noninfringement or that the services are or will be secure, complete or free of errors, viruses, bugs, problems or other limitations or will operate without interruption. To the fullest extent permissible pursuant to applicable law, AudPop disclaims all liability, whether based on warranty, contract, tort (including, but not limited to, negligence, gross negligence or willful misconduct), product liability, strict liability, statutory liability, breach of a fundamental term, fundamental breach or any other legal theory, for any loss or damages of any kind, including without limitation:
a. direct, indirect, special, consequential, exemplary or punitive loss or damage;
b. lost profits or savings;
c. business interruption;
d. loss of programs or data, including any content;
e. lost revenue or failure to realize expected savings;
f. loss of use;
g. personal injury;
h. fines, fees, penalties;
i. any other losses or damages, whether or not AudPop is advised of the possibility of such damages, resulting from the use of or the inability to make use of the services.
Rules and Conduct
1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract;
2. you know is false, misleading or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane or invasive of another’s privacy;
4. constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
5. contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the company or any third party;
6. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
7. impersonates any person or entity, including any employee or representative of the company.
Additionally, you shall not:
1. take any action that imposes or may impose, as determined by the company in its sole discretion, an unreasonable or disproportionately large load on the company’s or its third-party providers’ infrastructure;
2. interfere or attempt to interfere with the proper working of the service or any activities conducted on the service;
3. bypass any measures the company may use to prevent or restrict access to the service or other accounts, computer systems or networks connected to the service;
4. run Maillist, Listserv, or any form of auto-responder or spam on the service; or
5. use manual or automated software, devices or other processes to “crawl” or “spider” any page of the site.
You shall not directly or indirectly:
1. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service, except to the extent applicable laws specifically prohibit such restriction;
2. modify, translate or otherwise create derivative works of any part of the service; or
3. copy, rent, lease, distribute or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Project creators agree to not abuse other users’ personal information. “Abuse” is defined as using personal information for any purpose other than those explicitly specified in the project creator’s project or is not related to fulfilling delivery of a product or service explicitly specified in the project creator’s project.
You may view content on the site without registering, but as a condition of using certain aspects of the service, you may be required to register with the company and select a screen name (“user ID”) and password. You shall provide accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account. You shall not use as a user ID, domain name or project name any name or term that is the name of another person with the intent to impersonate that person; is subject to any rights of another person, without appropriate authorization; or is offensive, vulgar or obscene. The company reserves the right in its sole discretion to refuse registration of or cancel a user ID, domain name and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the site. You shall never use another user account without the other user’s express permission. You will immediately notify the company in writing of any unauthorized use of your account or other known account-related security breach.
Fees and Payments
Joining AudPop is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the site. You are responsible for paying all fees and taxes associated with your use of the service.
If I win, when and how do I receive my prizing?
Filmmakers will be paid via check unless they do not live in the United States. In that case, they will be paid via PayPal. It will be the responsibility of the filmmaker to cover PayPal charges associated with payment. To learn more about these fees, please visit PayPal: https://www.paypal.com/us/webapps/mpp/paypal-fees
The service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the site. When you access third-party websites, you do so at your own risk. Those other websites are not under the company’s control, and you acknowledge that the company is not liable for the content, functions, accuracy, legality, appropriateness or any other aspect of those other websites or resources. The inclusion on another website of any link to the site does not imply endorsement by or affiliation with the company. You further acknowledge and agree that the company shall not be liable for any damage related to the use of any content, goods or services available through any third-party website or resource
(a) Governing LawThis Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of Montana, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
(b) United StatesIf you located are in the United States, the following applies to you. Please read this carefully. It affects your rights.
(i) Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and AudPop arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the AudPop Site and Service. (ii) You agree that by entering into this agreement, you and AudPop are each waiving the right to trial by jury or to participate in a class action. You and AudPop agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. (iii) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, you and AudPop must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in San Francisco County, California. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Francisco County, California.
(c) EEA and SwitzerlandIf you located are in the EEA or Switzerland, the parties irrevocably submit to the exclusive jurisdiction of the courts of London, England and their Courts of Appeal.
(d) Australia and ElsewhereIf you are located in Australia or elsewhere in the world, the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.
15.3 Entire AgreementThis Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to AudPop is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without AudPop’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
Content and License
You agree the service contains content provided by the company and its partners and users and that the content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information and restrictions contained in any content accessed through the service.
The company grants to each user of the service a worldwide, nonexclusive license, which may not be sublicensed or transferred, to use and reproduce the content solely for personal, noncommercial use. Use, reproduction, modification, distribution or storage of any content for other than personal, noncommercial use is prohibited without prior written permission from the company or from the copyright holder. You shall not sell, license, rent or otherwise use or exploit any content for commercial use or in any way that violates any third-party right.
By submitting content on the site or otherwise through the service, you agree to the following terms:
1. The company will not have any ownership rights over your user submissions. However, the company needs the following license to perform and market the service on your behalf and on behalf of its other users and itself. You grant to the company the worldwide, nonexclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to, and to allow others acting on its behalf to:
a. use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute and otherwise fully exploit your user submissions and your trademarks, service marks, slogans, logos and similar proprietary rights in connection with the service, the company’s and its successors’ and assigns’ businesses, promoting, marketing and redistributing part or all of the site and derivative works thereof or the service in any media formats and through any media channels, including, without limitation, third-party websites;
b. take whatever other action is required to perform and market the service;
c. allow its users to stream, transmit, playback, download, display, feature, distribute, collect and otherwise use the user submissions and trademarks in connection with the service; and
d. use and publish and permit others to use and publish the user submissions, trademarks, names, likenesses and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the service. The foregoing license grant to the company does not affect your other ownership or license rights in your user submissions, including the right to grant additional licenses to your user submissions
2. You are publishing your user submission and you may be identified publicly by your name or user ID in association with your user submission.
3. You grant to each user a nonexclusive license to access your user submissions through the service and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such user submissions solely for personal, noncommercial use.
4. You further agree that your user submissions will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant AudPop all of the license rights granted herein.
5. You will pay all royalties and other amounts owed to any person or entity based on your submitting content to the service or the company’s publishing or hosting of the user submissions as contemplated by these Terms of Service.
6. The use or other exploitation of user submissions by the company and users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
7. The company shall have the right to delete, edit, modify, reformat, excerpt or translate any of your user submissions.
8. All information publicly posted or privately transmitted through the site is the sole responsibility of the person from which that content originated.
9. The company will not be liable for any errors or omissions in any content.
10. The company cannot guarantee the identity of any other users with whom you may interact while using the service.
11. All content you access through the service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, AudPop has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. AudPop also may terminate user accounts even based on a single infringement.
AudPop will remove infringing materials in accordance with the DMCA if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify AudPop by submitting a notification to email@example.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information): Complaining Party:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site, sufficient for AudPop to locate the material;
4. your address, telephone number and email address;
5. 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
6. a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Alleged Infringing Party:
If you believe that your work has been removed or disabled by mistake or misidentification, please notify AudPop copyright agent in writing by emailing us at firstname.lastname@example.org. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
• a physical or electronic signature of the user of the services;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the subscriber has a good-faith belief the material was removed or disabled as a result of mistake or misidentification of the material; and
• the subscriber’s name, address, telephone number and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Our designated copyright agent for notice of alleged copyright infringement can be reached at:
216 Pattee Canyon Drive
Missoula, MT 59803
The company may terminate your access to the service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the site. Any fees paid to the company are nonrefundable. All provisions of the Terms of Service that by their nature shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The company has no special relationship with or fiduciary duty to you. You acknowledge the company has no duty to take any action regarding any of the following:
1. which users gain access to the site;
2. what content users access through the site;
3. what effects the content may have on users;
4. how users may interpret or use the content;
5. or what actions users may take as a result of having been exposed to the content.
The company cannot guarantee the authenticity of any data or information that users provide about themselves or their campaigns and projects. You release the company from all liability for your having acquired or not acquired content through the site. The site may contain or direct you to websites containing information that some people may find offensive or inappropriate. The company makes no representations concerning any content on the site and the company is not liable for the accuracy, copyright compliance, legality or decency of material contained on the service. The company does not guarantee that any content will be made available through the service. The company has no obligation to monitor the service or content. The company reserves the right to, at any time, for any reason, and without notice:
1. cancel, reject, interrupt, remove or suspend a campaign or project;
2. remove, edit or modify any content, including, but not limited to, any user submission; and
3. remove or block any user or user submission.
AudPop reserves the right not to comment on the reasons for any of these actions.
The service is provided as is and as available and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, noninfringement, merchantability and fitness for a particular purpose and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The company and its directors, employees, agents, suppliers, partners and content providers do not warrant that:
1. the service will be secure or available at any particular time or location;
2. any defects or errors will be corrected;
3. any content or software available at or through the service is free of viruses or other harmful components; or
4. the results of using the service will meet your requirements.
Your use of the service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): The company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. The company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information or any other content stored on the company’s equipment, transmitted over networks accessed by the site or otherwise connected with your use of the service.
You shall defend, indemnify and hold harmless the company, its affiliates and each of its’ and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of or access to the service and content or otherwise from your user submissions, violation of the Terms of Service or infringement by you or any third party using your account of any intellectual property or other right of any person or entity. The company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the company in asserting any available defenses.
Limitation of Liability
In no event shall the company, nor its directors, employees, agents, partners, suppliers or content providers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services, however arising; for any bugs, viruses, trojan horses or the like, regardless of the source of origination or for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Accessing the service is prohibited from territories where the content is illegal. If you access the service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the services, you consent to receive from AudPop all communications, including notices, agreements, legally required disclosures or other information in connection with the services (collectively “contract notices”) electronically. AudPop may provide the electronic contract notices by posting them on the site. If you desire to withdraw your consent to receive contract notices electronically, you must discontinue your use of the services.
These Terms of Service (and any further rules, policies or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the state of Montana and the United States, without giving effect to any principles of conflicts of law and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the company and its services are deemed a passive website that does not give rise to personal jurisdiction over AudPop or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the state of Montana. You agree that any action at law or in equity arising out of or relating to these terms or your use or nonuse of the services shall be filed only in the state or federal courts located in Missoula County in the state of Montana and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action or proceeding.
Integration and Severability
These Terms of Service and other referenced material are the entire agreement between you and the company with respect to the service and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the company with respect to the service and govern the future relationship. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the company’s reasonable control, including without limitation mechanical, electronic or communications failure or degradation. The Terms of Service are personal to you and are not assignable, transferable and cannot be sublicensed by you except with the company’s prior written consent. The company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service.
AudPop reserves the right to curate contests and dismiss entries based on quality.
The list below contains countries that AudPop doesn’t do business with.
We can neither send nor receive payments from these countries.
• Burma (Myanmar)
• Cote d’Ivoire
• Democratic Republic of the Congo
• Liberia (Former Regime of Charles Taylor)
• Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions
• North Korea
• Sierra Leone
• Western Balkans