Welcome to our Website, www.sageaudio.com. Sage Audio's mission is to provide you with the best audio industry services. In order for us to do that, we need to explain to you what services we offer, how we offer those services, and what we expect of you when you access the Website or use the services. These terms provide that information.
While we address some of the specific things we are not responsible for throughout these terms, we want to make sure that everyone understands the Website is intended to provide a platform to allow users to exchange and share, audio, music, messages, comments, and other material. Sage Audio is NOT responsible for the Content that any User uploads to or makes available through the Website and the user uploading such Content is solely responsible for that Content.
You must be able to enter into a legally binding contract with us to use the Website. If you are not legally able to enter into a contract, you may not use the Website. If you are a parent or guardian and allow your child(ren) to use the Website, you are responsible for their actions while they are using the Website.
This Website is made available, and the services are provided by Sage Audio, LLC, a Tennessee limited liability company.
At times, we may update these Terms
If you do not agree to the changes, you should remove all of your Content from the Website and not use the Website anymore. If you continue to use the Website, you agree to the changes.
While we plan to have the Website available for use as much as possible, we reserve the right to suspend the operation of the Website and any services provided through the Website at any time. We are not responsible if you are harmed or inconvenienced because the Website or the services are unavailable. It is your responsibility to retain copies of the work you do on the Website.
You must provide your own computer and internet connection to access the Website. We also expect you to tell anyone who uses your Account about these rules and to ensure everyone who uses your Account follows these rules.
When you set up an Account, you will select a username and password, and those “Credentials” are also part of your Account Information. If we ever implement other security requirements for accessing your Account – such as security questions – that information becomes part of your Credentials. Your Credentials are part of our security procedures that help us protect your Account Information. You should keep your Credentials a secret and not share them with anyone else. You are responsible for actions taken by anyone who accesses the Website using your Credentials, so if you become aware that your Credentials have been compromised, please contact us immediately.
By accessing the Website and uploading audio files or other materials to your Account (the Content), you make your Content available to us and to others using the Website. You still own your Content, but Sage Audio and others using our services will be able to access and use your Content according to the permissions you grant for the Content when you upload it to the Website. To make sure neither you nor Sage Audio gets in trouble; you must make sure that you have the right to upload any and all materials that are part of your Content. You will indemnify Sage Audio of any claims that arise from you uploading content without permission. If you do not want Sage Audio or its other users to access, store and process your Content, you should not upload the Content to the Website.
Please keep in mind that when you upload Content to the Website: (a) if you share a public link to your Content, the recipient of that public link can share it with others, and (b) if you grant other users the ability to download your Content, that user may use the Content for purposes that you do not intend.
The Website and the services permit you to transmit and share your Content with other users of the Website and third parties you identify. You are responsible for all risks associated with sharing your Content, including the possibility that another user or third party further shares your Content in a manner that you may not have anticipated. We cannot and do not monitor everything that is uploaded to the Website. We cannot control and we are not responsible for how third parties accessing your Content through the Website may use your content outside of the Website. You will not receive any payment for sharing your Content on our Website.
If you receive another user's Content through Sage Audio's sharing services, you do not acquire ownership rights in such Content, nor are you entitled to any credit for the use of that Content. You must use the Content of other users only for the purpose it was shared with you and in accordance with the permissions set on the Website. Unless you reach a separate agreement with another user, you are not entitled to compensation for receiving, editing, or providing feedback on the other user's Content.
Unless you get permission from the other user, you may not copy another user's Content from the Website to your personal media.
If you want to use our Paid Services, you must pay or subscribe in accordance with the service or subscription choosen. Paid Service fees are non-refundable once paid. If you pay for a subscription service and do not want the service anymore you must cancel your subscription prior to the next renewal date. Subscription fees are non-refundable once paid.
Sage Audio uses a third-party payment processor to process credit card payments, and Sage Audio does not receive or store your credit card information.
Should the credit card you have on file with our payment processor expire, you may receive an email from Sage Audio or our payment processor reminding you to update the credit card you have on file; however, it is your responsibility to keep an active credit card on file at all times.
In the event that any credit card transaction is denied, canceled, or reversed, you are responsible for all charges we incur to resolve the issue. Should we have a dispute over a payment that is denied, canceled, or reversed, you are responsible for all fees we incur in trying to recover the Subscription Fees we are owed. If you don't pay your Subscription Fees when they are due, we reserve the right to automatically downgrade, suspend, or terminate your account without notice in our sole discretion.
We own the Website, and we have the authority to refuse or remove your account, payments, and subscriptions without notice for any reason we choose. We reserve the right to terminate your account, payments, and subscriptions without notice for any reason, in our sole discretion.
Our Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Sage Audio, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Users who upload Content to the Website retain sole ownership of and rights in and to such Content, including any modified versions or derivative works of the Content created or generated by the services on the Website, except for the rights each user grants by uploading Content to the Website.
You may only use this Website for your individual projects. You may not run a business based on the Website or the services. Except as expressly permitted by these Terms, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. To make sure we understand each other, you must not:
|Modify copies of any materials from this site other than modifying Content as intended by the services, whether such materials are owned by Sage Audio or another user of the Website.|
|Use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text.|
|Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.|
If you use material from the Website for other purposes, we may terminate your Account and prohibit you from using the Website or the services in the future. Keep in mind that you do not receive any ownership rights in the Content of other users or the Website as a result of using the Website.
The Sage Audio name, the term Sage Audio, the Sage Audio logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sage Audio or its affiliates or licensors. You must not use such marks without the prior written permission of Sage Audio. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
|Use the Website in violation of any laws|
|To exploit, harm or attempt to exploit minors|
|To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards|
|To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation|
|To engage in any other conduct that limits or restricts or another's ability to use the Website or that would overburden or interfere with the operation of the Website|
|To engage in conduct that may harm Sage Audio or users of the Website|
|To use any automated processing tools to access and obtain content from the Website|
|Use the Website to collect information or data about Sage Audio products, services, or its users to serve the interests of another company|
|Use the Website to display or promote products or services that serve the interests of another company|
|Use any device, software, or routine that interferes with the proper working of the Website|
|Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful|
|Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the hardware that makes the Website accessible|
|Attack the Website via a denial-of-service attack or a distributed denial-of-service attack|
|Otherwise, attempt to interfere with the proper working of the Website|
The Website provides certain functionality (“Interactive Services”) that allow you to share content, comments, and personal information with other users (collectively, “User Contributions”). All User Contributions must comply with the Content Standards set out in these Terms. Any User Contributions you post or share through the Website are by their nature public and not confidential.
By posting to the Website using the Interactive Services, you represent to us that (a) you own or control all rights in and to your User Contributions, and (b) your User Contributions comply with these Terms.
You are responsible for any User Contributions submitted to the Website through your Account, not Sage Audio. You have complete responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Sage Audio is not responsible or liable to any third party for the content or accuracy of any User Contributions posted or shared by you or any other user of the Website.
We own the Website, and we have the authority to remove or refuse to post any User Contribution for any reason we choose. If a User Contribution is improper for any reason, whether violating these terms or infringing someone else's intellectual property rights, we may remove or refuse to post such Content. We reserve the right to terminate your Account for any reason, in our sole discretion.
We will disclose your identity to any third party who claims that your User Contributions violates his or her rights, including intellectual property rights. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information you or other users have posted or shared on or through the Website. YOU MUST HOLD Sage Audio AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF INVESTIGATIONS BY LAW ENFORCEMENT OR PURSUANT TO A COURT ORDER.
We cannot and do not review all User Contributions or even all Content before it is posted or shared through the Website; however, we reserve the right to do so.
We cannot and do not review all Accounts when they are created; however, we reserve the right to review, monitor, enforce, and terminate an account at any point in time in our sole discretion.
We own the Website, and we have the authority to refuse or remove your account without notice for any reason we choose. We reserve the right to terminate your account without notice for any reason, in our sole discretion.
In order to make sure everyone benefits from and enjoys the use of the Website, everyone must comply with these standards for User Contributions, including, Content. None of your User Contributions may:
|Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable|
|Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age|
|Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person|
|Be likely to deceive any person|
|Promote any illegal activity, or advocate, promote, or assist any unlawful act|
|Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person|
|Impersonate any person, or misrepresent your identity or affiliation with any person or organization|
|Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising|
|Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case|
Sage Audio believes all artists have a right to protect their work, and one of our rules is that our users respect the intellectual property of other users. If you believe content on the Website infringes your copyright interests and you want to request that content be removed, let us know, but you must let us know in accordance with the legal requirements of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC Sec. 512) (“DMCA”). That means that when you let us know, you must include the following information:
|Your Signature – physical or electronic|
|Your work that you believe in being infringed – please include a copy of it or provide a link where we can find it|
|The content you believe is infringing and where that content is located on our Website – a screenshot is helpful|
Your contact information:
A statement with the following information:
We have to remind you that you can be responsible for damages (including costs and attorneys’ fees) if you knowingly materially misrepresent that content on the Website is infringing your copyright.
We have designated a copyright agent to receive these notices to make sure they get the attention they deserve. Please send your notice to our agent:
We do not guarantee that all the information on the Website is accurate, complete or useful for your particular purpose. If you rely on the information on the Website for any reason, you do so at your own risk.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. Any statements and/or opinions expressed in these materials are solely the opinions and responsibility of the user posting such material. Sage Audio is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
We may update the content and/or functionality of the Website from time to time without notice.
You may not link to our homepage or our app from other webpages or apps in any way that suggests Sage Audio is associated with, approves of, endorses the page or app from which you are linking to the Website or Sage Audio's app. You may only create such links on web pages or apps that you own.
This Website may provide certain social media features, and you may use these features solely as they are provided, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable any social media features at any time without notice.
You may not cause the Website or any part of the Website to be displayed on, or appear to be displayed by, any other website or app, for example, by using framing, deep linking, or in-line linking.
There will be times when the Website contains hyperlinks to other websites. We include these on the Website because we think they might be helpful to you. We have no control over the contents of those websites and we are not responsible for your interaction with those websites. If you decide to access any of the linked websites, your use of those websites is governed by the terms and conditions of those websites and not by these Terms.
Sage Audio operates in the United States. If you use the Website from outside of the United States, you do so on your own initiative, at your own risk, and you are solely responsible for compliance with or violations of your local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Sage Audio NOR ANY PERSON ASSOCIATED WITH Sage Audio MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Sage Audio NOR ANYONE ASSOCIATED WITH Sage Audio REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, Sage Audio HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Sage Audio, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Sage Audio, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
If we have a dispute related to these Terms, the Website, or the services, you agree that the dispute will be resolved in accordance with the laws of the State of Tennessee without regard to any principles of conflicts of laws.
Any legal suit, action, or proceeding resulting from such dispute must be brought exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the City of Franklin and County of Williamson. You waive and agree not to challenge the exercise of jurisdiction over you by such courts and to venue in such courts.
IF YOU WANT TO ASSERT A CLAIM AGAINST Sage Audio RELATED TO THESE TERMS, THE WEBSITE OR THE SERVICES, YOU MUST DO SO WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT THAT LED TO THE CLAIM.
If Sage Audio chooses not to enforce any of its rights under these Terms, that choice will not prevent Sage Audio from enforcing that same right in the future.
If a court decides that any portion of these Terms are invalid, illegal, or unenforceable for any reason, that portion of the Terms will be eliminated, or if possible, limited to the minimum extent necessary for it to be valid. The remainder of these Terms will still be enforceable.
Send your feedback, comments, or requests to firstname.lastname@example.org
We hope you enjoy Sage Audio!