Terms & Conditions
Updated: July 1, 2018
Welcome to Decibel Analysis for Research and Teaching ("DART"). DART's websites including dart.sfsu.edu (the "Website") is a copyrighted work belonging to DART.
Your use of the Website is subject to the terms and conditions set forth below (these "Terms and Conditions").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE WEBSITE OR CREATING AN ACCOUNT (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU (A) ARE UNDER THE AGE OF EIGHTEEN AND NOT A PERMITTED USER OR (B) DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE Website OR CREATE AN ACCOUNT.
THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, INCLUDING A CHOICE OF LAW PROVISION, AND A FORUM SELECTION CLAUSE.
- Account. In order to access and use our Website, you must have an account ("Account") that contains certain information about you. You represent and warrant that (a) all required information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in the Website or contacting us at email@example.com. We may suspend or terminate your Account in accordance with Section 13 (Termination). You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
- Proprietary Rights.
- Website Content and Ownership. DART owns and provides the Website. The content and information available on the Website (the "Site Content"), including data created as you use the Website ("DART Analysis Data", see item 2B) and user feedback ("Feedback", see item 2C) are owned by DART and its licensors, with the exception of any content (including audio files) submitted by users to the Website ("Audio File Content", see item 2D).
- DART Analysis Data; Ownership; and License. The information that is created when you use our Website, including the results of conducting DART analysis on your Audio File Content (the "DART Analysis Data"), is owned by DART. Subject to the terms and conditions contained herein, DART grants you a limited license to download one or more copies of the DART Analysis Data derived from your Audio File Content for your non-commercial use.
- Feedback; Ownership; and License. If you provide any comments, testimonials, feedback or suggestions to DART regarding the Website, or any of DART's services (collectively, "Feedback"), DART may use such Feedback for any purpose. So that we may incorporate such Feedback into DART's Website and/or DART's services, DART alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback, and in consideration for your use of the Website and Site Content, you hereby assign such Feedback to DART free of charge.
- Audio File Content; Ownership; and License. We do not claim ownership in any of your Audio File Content. You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, perform, display, transmit, distribute, create derivative works of, and otherwise use your Audio File Content to (i) provide our Website and (ii) improve the DART system. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Audio File Content. You should only upload your Audio File Content to our Website (a) for which you are willing to grant the licenses described above and (b) for which you have sufficient rights to grant the licenses described above.
- License. Subject to these Terms and Conditions, DART grants you a limited license solely for non-commercial purposes to (i) access and use the Website, and (ii) to make copies of the DART Analysis Data provided to you by the Website and distribute those copies to anyone of your choosing. You agree not to remove any copyright, trademark or other proprietary rights notices contained in or on the Website ; or "frame" or "mirror" any part of our Website without prior written consent from DART. Any unauthorized use, reproduction, modification, distribution, display, or performance of the Website is strictly prohibited. You shall not disassemble, reverse compile or reverse engineer any part of the Website, including the system by which the Website creates DART Analysis Data from Audio File Content. DART and its licensors reserve all rights not granted in these Terms and Conditions.
- No Implied Licenses. There are no implied licenses granted in these Terms and Conditions.
- Acceptable Use and Conduct. You are solely responsible for your Audio File Content. You assume all risks associated with use of your Audio File Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Audio File Content that makes you or any third party personally identifiable. You agree that you will use the Website in a manner consistent with any and all applicable laws and regulations.
- Prohibited Content. You agree that you will not post, exchange, make available, provide, or process any Prohibited Content on the Website. "Prohibited Content" means content that: (a) we believe, in our sole discretion, is objectionable, offensive, harmful (ie, computer viruses) or unlawful or content that may cause harm to us, our Website and other users, directly or indirectly.
- Enforcement by Us. We have the right (but not the obligation) to review any or all portions of your Audio File Content and delete (or modify) any of your Audio File Content from our Website for any reason, including if we believe, in our sole discretion, your Audio File Content violates these Terms and Conditions or is Prohibited Content, or may otherwise threaten the safety of, or harm any other person, or create liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing the Prohibited Content from our Website (or modifying it), suspending or terminating your Account and/or suspending or terminating the provision of our Website, and reporting you to law enforcement authorities, in our sole discretion, if you violate this provision or any other provision of these Terms and Conditions.
- No Disruption. You will not: (a) cover or obscure any advertisements on any web page that is part of our Website via HTML/CSS, scripting, or any other means; (b) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (c) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (d) attempt to gain unauthorized access to the Website or other computer systems or networks connected to or used together with the Website, through password mining or other means; (e) harass or interfere with another user's use and enjoyment of the Website; or (f) introduce software or automated agents or scripts to the Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website.
- Backups. We are not obligated to back up any of your Audio File Content or your DART Analysis Data. You are solely responsible for creating backup copies of and replacing any of your Audio File Content that you post or store on our Website.
- Copyright Policy. DART respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Website who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Website that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
- Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
- Trademarks. All trademarks, logos and service marks (collectively, "Marks") displayed on the Website are DART's property or the property of other third parties. You are not permitted to use these Marks without DART's prior written consent or the consent of the third party that owns the Marks.
- WARRANTY DISCLAIMER. DART IS PROVIDING THE WEBSITE AND ANY SERVICES PROVIDED BY DART HEREUNDER ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR USE AT YOUR OWN RISK. DART (AND ITS SUPPLIERS) DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. DART (AND ITS SUPPLIERS) DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THAT THE WEBSITE OR ANY SERVICES PROVIDED BY DART HEREUNDER WILL BE PROVIDED FREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED, OR ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE SITE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER DART NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SITE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL DART BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE Website OR ANY SERVICE PROVIDED BY DART HEREUNDER, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT DART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. DART'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE Website OR ANY SERVICE PROVIDED BY DART HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU ACKNOWLEDGE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY UNDER THESE TERMS AND CONDITIONS.
- Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations that are not allowed in Sections 9 (Warranty Disclaimer) and/or 10 (Limitation of Liability) above, as applicable, may not apply to you. The duration of any such warranty that may not be excluded is limited to a period of thirty (30) days after your first use of our Website, or, if such limitation on duration is not permitted under applicable law, to the minimum period permitted under applicable law.
- Indemnification. You agree to indemnify and hold DART and its directors, officers, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys' fees) incurred by DART or any Indemnified Party arising out of or relating to your: (a) use of the Website; (b) your Audio File Content; (c) your violation or breach of any provision in these Terms and Conditions or your violation of any rights of a third party; or (d) your violation of applicable laws or regulations.
- Termination. These Terms and Conditions shall remain in full force and effect for any period of time in which you are a user. You may terminate your Account at any time and for any reason by providing notice of termination to us by sending an email to firstname.lastname@example.org. We may suspend or terminate your Account and/or suspend or terminate providing our Website to you (a) immediately, if we, in our sole discretion, believe that you are in breach of these Terms and Conditions; (b) at any time, if we decide, in our sole discretion, to stop providing the applicable Website by sending an email to you at the email address that you have provided for your Account or posting a notice on our Website; or (c) for any or no reason, by sending an email to you at the email address that you have provided for your Account. If you terminate your Account, we have no obligation to refund you any fees. If we terminate your Account without cause, we will refund you a pro rata portion of any fees that you have paid for the unused portion of the applicable subscription period(s). You understand that any termination of these Terms and Conditions and/or your Account may involve deletion from our databases of the information you provided in connection with your Account. We will have no liability whatsoever to you for any suspension or termination of your Account or any suspension or termination of our Website, or any deletion of any information you have provided to us. We may modify our Website at any time, for any reason, in our sole discretion. The following Sections will survive any termination of these Terms and Conditions: 2 (to the extent any amounts are owed by you as of termination of these Terms and Conditions), 3, 4A (but not the license granted therein to you), 4B, 4C, 4E, 6 through 11, and 13 through 25.
- Amendment. These Terms and Conditions may be amended by DART from time to time. If we make material changes to these Terms and Conditions, we may notify you by posting the revised Terms and Conditions on our Website or notifying you at your primary email address (if any, as specified in your Account information). You are responsible at all times for updating your Account to provide to us your most current email address. If the last email address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms and Conditions will be effective immediately for new users of our Website; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of a notice on our Website. Your continued use of our Website thirty (30) calendar days after the changes are first notified by DART as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your Account and cease using the Website. Except as otherwise provided in this Section 20, no amendment to these Terms and Conditions will be valid.
- Intended Audience. Our Website are maintained by DART from its offices within the United States. DART makes no representation that materials in our Website are appropriate or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology and other information from our Website are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from our Website may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By accessing or using any software, technology or other information from our Website in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
- General Provisions. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision in these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions 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. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. These Terms and Conditions, and any other additional terms located on particular pages of our Website, constitute the entire agreement between you and DART regarding the use of the Website.
- Governing Law. These Terms and Conditions, and any claim, dispute or controversy of any nature arising out of or relating to these Terms and Conditions, shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction. You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in the City of San Francisco, for the resolution of any such dispute.
- Contact Information. If you have any questions about these Terms and Conditions, please contact us by email at email@example.com, marking the message "Attention: Terms and Conditions".
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