audiolize.net is a service brought to you by audiolize LLC, a limited liability company incorporated under the laws of Switzerland with registered offices in Zurich, Switzerland, with register no. CH-020.4.051.052-0 („audiolize.net“).
audiolize.net is pleased to offer a service that permits users to discover, purchase, receive and play digital spoken word audio files ("audiolize.net Content") through its internet platform („Platform“) as well as its related products for mobile electronic devices and through the audiolize.net toolbars available on partner’s websites (collectively, the "audiolize.net Service").
The actual use of the audiolize.net Service shall be construed as and attest your unconditional, unlimited and unreserved acceptance of the terms and conditions set forth herein, and shall be considered as binding agreement between you and audiolize.net and an undertaking on your behalf to comply with the terms and conditions set forth herein. In addition, you will also be asked to accept our terms and conditions during the registration procedure for the audiolize.net Service.
In addition to these Conditions of Use (A.), you will also be subject to (B.) the Purchase Terms & Condition, (C.) the Remuneration and Referral Fee for Users and any other policies, guidelines, terms and agreements posted on, or otherwise made available to you through the audiolize.net Service (collectively, the "Terms"). If these Conditions of Use (A.) contradict such other Terms, the other Terms shall control.
All content included in or made available through the audiolize.net Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and all audiolize.net Content, is the property of audiolize.net or its business partners and protected by Swiss and international copyright laws.
audiolize.net and the audiolize.net logo is a registered trademark in Switzerland and elsewhere. audiolize.net's trademarks may not be used in connection with any product or service that is not audiolize.net's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits audiolize.net. You may not use any audiolize.net logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from audiolize.net. All other trademarks not owned by audiolize.net that appear in the audiolize.net Service are the property of their respective owners.
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, audiolize.net or its content providers grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the audiolize.net Service except to the extent provided for under these Conditions of Use or any other applicable Terms. Additional license terms may be found in the Terms. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of the audiolize.net Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by audiolize.net or its licensors, suppliers, publishers, rightsholders, or other business partners. Neither the audiolize.net Service nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of audiolize.net. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of audiolize.net without our express written consent. You may not use any meta tags or any other "hidden text" utilizing audiolize.net's name or trademarks without the express written consent of audiolize.net. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of audiolize.net so long as the link does not portray audiolize.net, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any audiolize.net logo or other proprietary graphic or trademark as part of the link without express written permission, not including publications on internet platforms of third parties for promotion purposes.
You may not misuse the audiolize.net Service. You may use the audiolize.net Service only as permitted by law. The licenses granted by audiolize.net terminate if you do not comply with these Conditions of Use or any applicable Terms.
In order to be able to use the audiolize.net Service you will be required to complete a simple registration process and form, in which you may be required to submit or provide your valid email address, certain personal details, payment account details, and any additional information which audiolize.net, in its sole discretion, shall deem necessary. Upon acceptance of your registration, you will have a personal audiolize.net account (“audiolize.net Account”).
In order to process payments online, you may be asked to agree to the terms of a third party service provider.
If you use the audiolize.net Service, you are responsible for maintaining the confidentiality of your audiolize.net account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your audiolize.net Accounts. If you are under 18, you may use the audiolize.net Service only with the involvement and consent of a parent or guardian. audiolize.net reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
We may permit users to submit audio files to the platform, to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree and warrant that any content you contribute and any communications you send will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit any material to us, and unless we indicate otherwise, you grant us an irrevocable, exclusive, royalty-free, perpetual, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or material throughout the world in any media. You grant audiolize.net and its sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or that you are otherwise entitled to the content or material that you post; that the content is accurate; that use of the content you supply does not violate this policy. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. audiolize.net takes no responsibility and assumes no liability for any content posted by you or any third party.
By submitting audio files for publication and use on the audiolize.net Service, you hereby irrevocably and unconditionally grant audiolize.net an irrevocable, perpetual, transferable, sub-licensable, worldwide and exclusive right to publish and use the audio files on the audiolize.net Service as well as allow Users of the audiolize.net Service to listen to and buy the audio files according to the audiolize.net Purchase Terms & Conditions (B). Without derogating from the above, audiolize.net shall be entitled to edit, delete, check, cutback, rephrase, reproduce, copy, translate, merge, add, use and make use of the Materials, in whole or in part, in any way or manner and at any time, as audiolize.net shall deem appropriate in its sole discretion. Provider of articles or text may, in its sole discretion, decline or accept your audio version.
You represent and warrant that the content of your audio file is accurate and matching with the underlying text; you also represent and warrant that your audio file does not otherwise violate these Conditions of Use or any other applicable Term.
You represent and warrant that each audio file you submit and that is made available on the audiolize.net Service does not infringe rights of third parties (in particular copyrights). It shall be your sole responsibility to make sure whether, and if so, to which extent you are allowed to produce and use an audio file which is based on a text subject to third party rights. You agree that audiolize.net and any of its shareholders, directors, officers, employees or agents shall not be liable for any damages, losses or expenses, direct or indirect, substained or suffered by you or third party as a result of the use of making available audio files on the Platform or otherwise through the audiolize.net Service.
Holders of third party rights can notify audiolize.net of alleged infringements through a special interface on the Platform. You further agree that we may remove at any time and without further notice audio files which are or may be infringing third party rights and that such removal shall not entail any liability on the part of audiolize.net whatsoever.
Audio files submitted and made available on the audiolize.net Service may be rated by the users of our platform. audiolize.net does not directly or indirectly influence these ratings in any kind.
audiolize.net reserves the right to remove or disable access to any audiolize.net Content or any other materials posted to or otherwise displayed through the audiolize.net Service, including any audiolize.net Content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will not be liable for the removal of or disabling of access to any audiolize.net Content or materials.
audiolize.net attempts to be as accurate as possible. However, audiolize.net does not warrant that product descriptions or content available through the audiolize.net Service is accurate, complete, reliable, current, or error-free.
You acknowledge and agree that any third-party product or service may be affected by changes in pricing or termination at any time.
The audiolize.net Service may include hyperlinks to other third party websites. audiolize.net is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
Your right to use the audiolize.net Service will automatically terminate if you violate these Conditions of Use or any other Terms.
In case of such termination, we may terminate your access to the audiolize.net Service without notice and you will not be entitled to receive a full or partial refund of any fees already paid if and to the extent that the total net amount of fees owed to you is lower than 50 EURO. Our failure to insist upon or enforce your strict compliance with the Conditions of Use or any other Terms will not constitute a waiver of any of our rights.
You may terminate your relationship with audiolize.net at any time by requesting the deactivation of your audiolize.net Account.
audiolize.net shall effect such termination by deactivating your auidolize.net Account. We reserve the right to cancel user accounts that have been inactive for more than one (1) year.
Upon termination of your relationship with audiolize.net:
all licenses and rights to use the audiolize.net Service shall immediately terminate;
you will immediately cease any and all use of the audiolize.net Service; and
you will immediately remove the software from all hard drives, networks and other storage media and destroy all copies of the software in your possession or under your control.
Our business may change over time and we reserve the right to modify the audiolize.net Service. We also reserve the right to suspend or discontinue the audiolize.net Service or your use of the audiolize.net Service, in whole or in part, at any time with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a full or partial refund, in our sole discretion, with respect to any purchase you've made.
THE audiolize.net SERVICE, audiolize.net CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE audiolize.net SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
audiolize.net MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE audiolize.net SERVICE, audiolize.net CONTENT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE audiolize.net SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING IN THE TERMS AND APPLICABLE TO THE audiolize.net SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE audiolize.net SERVICE AND audiolize.net CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY THE APPICABLE LAW, audiolize.net AND ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES, DIRECT OR INDIRECT, SUBSTAINED OR SUFFERED BY YOU OR AS A RESULT OF THE USE OF THE PLATFORM OR THE ORIGINAL AUDIO CONTENT, EVEN WHERE NOTICE OF THE POSSIBILITY OF INCURRING SUCH DAMAGES, LOSSES OR EXPENSES WAS GIVEN.
You agree to indemnify, defend and hold audiolize.net and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Conditions of Use or any other applicable Term by you.
By using the audiolize.net Service, you agree that Swiss law will govern these Conditions of Use and any other applicable Term, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
To the extent permitted by applicable law, you hereby submit to the non-exclusive jurisdiction of the courts in Zurich, Switzerland, in any suit or proceeding arising out of or relating to these Conditions of Use or any other applicable Term.
Please review our Terms. We reserve the right to make changes to the audiolize.net Service, these Conditions of Use and any Terms at any time. Your continued use of the audiolize.net Service following any changes will indicate your acceptance of such changes. If you do not agree to a change, you must immediately stop using the audiolize.net Service. If any Terms or these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or term.
These Conditions of Use, together with any other applicable Terms, constitute the entire agreement between you and audiolize.net and governs your use of the audiolize.net Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
We may notify you with respect to the audiolize.net Service by sending an email message to your audiolize.net Account email address or a letter via postal mail to your audiolize.net Account mailing address, or by a posting on the audiolize.net Service. Notices shall become effective immediately.
Any user of the audiolize.net Service may purchase audiolize.net Content on an "à la carte"-basis. audiolize.net may offer other purchasing options at its sole discretion. By making a purchase through the audiolize.net Service you agree to be bound by these audiolize.net Purchase Terms and Conditions.
By pre-ordering audiolize.net Content, you are authorizing audiolize.net to automatically charge your audiolize.net Account and make the products available on your audiolize.net Account and/or in pre-specified playlists according to your profile settings. You may cancel your pre-order prior to the set time of purchase.
When you purchase audiolize.net Content, audiolize.net grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such audiolize.net Content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the audiolize.net Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the audiolize.net Content in any manner and you will not exploit it commercially. You agree to not modify, reverse engineer, decompile or disassemble the audiolize.net Content, or otherwise tamper with the audiolize.net Content or create any derivative works therefrom.
By purchasing audiolize.net Content through the audiolize.net Service, you agree to pay the respective purchase price indicated on the audiolize.net Service (plus any applicable sales tax) and to allow audiolize.net to charge your payment audiolize.net Account for any audiolize.net Content purchased and for any additional amounts (including any taxes, late fees etc.) that may be accrued by or in connection with your audiolize.net Account. Accordingly, you shall be responsible for providing audiolize.net with a valid payment method for payment.
Any purchase price indicated on the audiolize.net Service shall become due and payable upon clicking the download button. Prices are subject to change at any time in audiolize.net's sole discretion.
The first purchase of audiolize.net Content by a user may be offered by audiolize.net, without prejudice, free of charge.
If technical problems caused by audiolize.net prevent delivery of your audiolize.net Content, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by audiolize.net.
All audiolize.net Content you purchased will be delivered to your audiolize.net Account.
Once we have made audiolize.net Content available to you, you will bear the risk of loss for completing any download of audiolize.net Content after purchase and for any loss of audiolize.net Content you have downloaded, including but not limited to any loss due to a file corruption or a device or hard drive crash. Purchased audiolize.net Content will generally continue to be available in your audiolize.net Account but may become unavailable due to possible content provider licensing restrictions or other reasons, and audiolize.net will not be liable to you if audiolize.net Content becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. If you do have problems downloading the audiolize.net Content, please contact audiolize.net customer service.
You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your audiolize.net account in order to use the audiolize.net Service.
You can pay for audiolize.net Content using credit. You can purchase audiolize.net credit using any payment method made available to you by audiolize.net. The credit that you purchase will be credited to your audiolize.net Account at the time of purchase. audiolize.net may offer an auto-recharge feature.
If you believe that audiolize.net has charged you in error, you must contact audiolize.net within 30 days of such charge. No refunds will be given for any charges more than 30 days old.
The audiolize.net Service will be granted for free to people who are visually impaired. In order to get this free audiolize.net Service, the person concerned shall contact audiolize.net and provide audiolize.net with an official document about their condition under firstname.lastname@example.org. According to article 24 the right granted to visually impaired people is for personal use only.
By publishing an audio file submitted by you on the audiolize.net Service you shall be entitled to receive a certain royalty, as provided herein:
audiolize.net shall owe you a royalty in the amount of 1/3 of the net sale amount received from users for each purchase of your audio file through the audiolize.net Service ("royalty"); changes or differentiations in the rate of the royalty may be made by audiolize.net in its sole and absolute discretion. Any change in the rates of the royalty shall not apply to payments due with respect to audio file made available on the audiolize.net Service prior to the change.
audiolize.net will maintain sole and absolute discretion with respect to payments it will charge from such user, and the collection of payments.
The royalty shall be credited to your audiolize.net Account. Payment of any royalty so credited will be paid out on the 30th day of each month. In the event that the total sum of royalties is less than Euro 50 (Fifty), audiolize.net shall be entitled to carry over payment to the subsequent month(s), until the aggregate royalty to be paid shall reach such minimum amount.
Royalty will be paid out in Euro, unless otherwise determined by audiolize.net in its sole discretion.
Payments of Royalty will be made to an internet payment account, supported by audiolize.net’s payment system, opened in your name and which details fully correspond and comply with those provided by you. audiolize.net shall be entitled, in its sole discretion, to make payment by alternative payment methods. Any transfer-commission/charges will be deducted from the royalty payments.
audiolize.net shall not be liable in any way or manner for failing to make payment of royalties if you do not make the payment confirmation or due to inaccurate or non-complying details, or due to any other reason which is under your control.
You shall be responsible for any and all personal taxes due and payable with respect to payment of royalities you shall receive. If payment of VAT is applicable with respect to the payment of royalty, royalty amounts shall be deemed as including VAT. Nothing contrary to the above, audiolize.net shall be entitled to withhold any taxes on any payments to be made as provided herein, as shall be required by the applicable law, and at such rates determined by the relevant tax authorities.
audiolize.net may pay users a user commission fee on revenue generated over the audiolize.net Service by the users referred by the user. The details of such user referral fee shall be determined by audiolize.net in its sole discretion.
The rules in article 30 shall apply mutatis mutandis.
No employer-employee relations exist or shall exist with audiolize.net and the use of the platform and/or the submission of Original Audio Content to the site does and shall not create any such relationship.