Your Experiences. Shared.
Third-Party Content is subject to the terms and conditions applicable to you as a result of the installation and set-up of your access to such Third-Party Content and your ongoing access to such Third-Party Content at each applicable Third Party:
SoundCloud at https://soundcloud.com/terms-of-use
Audiomack at https://www.audiomack.com/about/terms-of-service
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services provided to you are on an "As Is" and "As Available" basis. Reference to Evzdrop includes its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Evzdrop disclaims all Warranties and Conditions whether express or implied, of merchantability, fitness for a particular purpose or non-infringement.
Evzdrop makes no warranty or representation and disclaims all responsibility and liability for:
(i) the accuracy, availability, security or reliability of the Services or any Content;
(ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
(iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Evzdrop or through the Services, will create any warranty or representation not expressly made here.
To the extent permitted under applicable law, in no event will Evzdrop be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the Services or any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited to fifty dollars (U.S. $50.00) or the amount you paid Evzdrop, if any, in the past six months.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You and Evzdrop agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Evzdrop are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The phrase "all claims and disputes" also includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator.
Evzdrop does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Evzdrop Services.
By displaying or publishing ("posting") any Content on or through the Evzdrop Services, you hereby grant to Evzdrop a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Evzdrop Services.
You represent and warrant that:
(i) you own the Content posted by you on or through the Evzdrop Services or otherwise have the right to grant the license set forth in this section,
(ii) the posting and use of your Content on or through the Evzdrop Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and
(iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Evzdrop Services.
Although Evzdrop will normally only delete Content that violates this Agreement, EVZDRP reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Evzdrop in order to comply with certain legal obligations and is not retrievable without a valid court order.
Consequently, Evzdrop encourages you to maintain your own backup of your Content. In other words, Evzdrop is not a backup service. Evzdrop will not be liable to you for any modification, suspension, or discontinuation of the Evzdrop Services, or the loss of any Content.
If you believe that one of our users is, through the use of our Services, 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)) please contact our Copyright Agent:
Attn: Copyright Agent
111 Fulton Street
New York, NY 10038
111 Fulton Street
New York, NY 10038