Terms Of Service

Welcome to Audeobox! These Terms and Conditions ("Terms") govern your use of the Audeobox website and mobile application ("Platform"). By using the Platform, you agree to be bound by these Terms, which constitute a legal agreement between you and Audeobox. If you do not agree to these Terms, you may not use the Platform.

Your Use of the Platform

1. You must be at least 13 years old to use the Platform. If you are under 13 years old, you may only use the Platform with the consent of your parent or legal guardian.
2. You may only use the Platform for lawful purposes and in accordance with these Terms.
3. You are responsible for ensuring that your account information, including your username and password, is accurate and up-to-date.
4. You may not use the Platform to impersonate or misrepresent your affiliation with any person or entity.
5. You may not use the Platform to transmit any unsolicited or unauthorized advertising, promotional materials, or spam.
6. You may not use the Platform to engage in any activity that violates any applicable law or regulation.

Content on the Platform

1. You are solely responsible for any content that you upload, post, or otherwise make available on the Platform ("Your Content").
2. You retain ownership of Your Content. However, by uploading, posting, or otherwise making Your Content available on the Platform, you grant Audeobox a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, modify, reproduce, distribute, and display Your Content in connection with the Platform and Audeobox's business.
3. You represent and warrant that Your Content does not violate any third-party rights, including any intellectual property rights, privacy rights, or publicity rights.
4. Audeobox reserves the right to remove or modify any content that violates these Terms or is otherwise objectionable.
5. Audeobox has no tolerance for objectionable content or abusive users. Content that is offensive, threatening, harassing, defamatory, discriminatory, sexually explicit, or otherwise objectionable will be removed, and users who post such content may have their accounts suspended or permanently terminated. Users may report objectionable content or abusive behavior using the reporting tools available throughout the platform. Audeobox commits to reviewing and acting on reports within 24 hours.

Refunds

1. All sales on the Platform are final. We do not offer refunds or exchanges for any purchases.
2. If you believe that you have been charged in error or that there has been unauthorized use of your payment information, please contact us immediately.

Termination

1. We reserve the right to terminate or suspend your access to the Platform, without notice or liability, for any reason, including if you breach these Terms or engage in any fraudulent, abusive, or illegal activity.
2. Upon termination, your right to use the Platform will immediately cease, and you must immediately cease all use of the Platform.

Disclaimer of Warranties

1. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2. Audeobox does not warrant that the Platform will be uninterrupted or error-free, nor does it make any warranty as to the accuracy or completeness of any content available on the Platform.

Limitation of Liability

1. IN NO EVENT SHALL AUDEOBOX NEXXT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
2. AUDEOBOX NEXXT'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM.

Privacy

1. We take your privacy seriously and will not share any of your personal information or music uploaded to the Platform with any third parties without your express consent.
2. Please see our Privacy Policy for more information on how we collect, use, and protect your personal information.

Governing Law

1. These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
2. Any legal action or proceeding arising out of or in connection with these Terms or your use of the Platform shall be brought in the state or federal courts located in Los Angeles County, California.

Changes to These Terms

1. We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide you with notice as appropriate under the circumstances.
2. Your continued use of the Platform after any modification to these Terms constitutes your acceptance of the modified Terms.

Mobile Terms of Service

The Audeobox mobile message service (the "Service") is operated by Audeobox LLC ("Audeobox", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Audeobox's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Audeobox through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Audeobox. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Audeobox or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Audeobox mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Audeobox or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Beat Store Limitation of Liability and User Responsibility

By utilizing the Beat Store feature ("the Beat Store") provided by Audeobox, you acknowledge and agree that Audeobox acts solely as a facilitator for the buying and selling of musical beats and is not directly involved in the transactions between buyers and sellers. As such, Audeobox shall not be held liable for any issues that may arise from the use of the Beat Store, including, but not limited to, disputes over copyright infringement, the quality of the beats sold, payment disputes, or any other disagreements between users of the Beat Store.

Users of the Beat Store are responsible for ensuring the legality and copyright compliance of any beats they offer for sale or purchase. It is the user's responsibility to resolve any disputes directly with the other party involved in the transaction. Audeobox will not mediate disputes between users nor will it be responsible for any losses, damages, or other liabilities that may arise from transactions within the Beat Store.

By participating in the Beat Store, users agree to release Audeobox, its affiliates, officers, agents, and employees from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

This clause does not waive Audeobox's rights under the law but is intended to clarify the limits of our liability in relation to the Beat Store. We encourage all users to approach transactions within the Beat Store with due diligence and caution.

Attribution Credits

Some of the visual effects (known as "Battle Haxx") featured in the Audeobox game are derived from shaders showcased on ShaderToy. Credits are as follows:

• Space Trip credit: David Hoskins – Warp Speed 2
• Fireball credit: XT95 – Flame
• Metamorphosis credit: bradjamesgrant – fractal pyramid
• Neon Pulse credit: kishimisu – Shader Art Coding