AUDIOPOOL Terms of Use
Last Modified: 2 August 2026
Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and AUDIOPOOL, Inc. ("Company," "we," or "us"). These Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of https://www.audiopool.io/ and any related content, functionality, applications, and services offered by AUDIOPOOL (collectively, the "Services"), whether as a guest or a registered user. Please read these Terms of Use carefully before you use the Services. By using the Services, or by clicking to accept or agree to these Terms of Use when that option is made available to you, you accept and agree to be bound by these Terms of Use and our Privacy Policy, available at https://www.audiopool.io/privacy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. The Services are offered and available only to users who are 18 years of age or older and located in jurisdictions where the Services are lawfully offered by AUDIOPOOL. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. If you are a parent or legal guardian of a child under 18 who has created an account, please contact us with information that will help us identify the account so that it can be closed and the related personal information deleted.
Background and Purpose
AUDIOPOOL is a music discovery platform that connects new and unreleased Tracks to labels and brands through a live chart powered by fan engagement. Through the Services, approved or invited Artists may upload original music, including singles, EPs, and albums, and Fans may Play, Boost, Share, and, where enabled, Download Tracks using the features we make available. Each individual sound recording is a “Track.” An “Artist” is a person or entity approved or invited by AUDIOPOOL to upload Tracks through Artist Studio or another artist upload flow. A “Fan” is any user who participates in discovering, Playing, Boosting, Sharing, Downloading, or otherwise supporting music through AUDIOPOOL. References to Fans may include DJs, curators, tastemakers, and other supporters of new music.
AUDIOPOOL is designed so that participation becomes visible support. Fan activity may affect chart visibility under the then-current rules governing ranking, snapshots, eligibility, rewards, integrity standards, Download eligibility, and related chart mechanics displayed in the Services or otherwise made available by AUDIOPOOL (the “Chart Rules”). Chart outcomes, Downloads, rewards, recognition, and Industry Opportunities are not guaranteed. Except as needed to enforce these Terms, prevent manipulation, apply the Chart Rules, or correct errors, AUDIOPOOL does not use discretionary editorial decisions to change chart outcomes.
Boost is AUDIOPOOL’s onchain digital vote used within the Services to support Tracks, participate in chart activity, and access certain reward, recognition, Download, or opportunity-related features. Boosting records support and participation. It does not create any ownership interest, profit share, royalty right, revenue share, or other financial interest in any Track, Artist, or AUDIOPOOL. AUDIOPOOL does not sell Boost through the Services and does not facilitate trading of Boost through the Services.
Sponsors and Industry Partners may support rewards, recognition programs, Downloads, and opportunities associated with the Services, but they do not influence chart ranking logic, weighting coefficients, qualification thresholds, governance decisions, or chart visibility. The Services are intended for cultural participation and music discovery, not gambling, wagering, or investment activity. Rewards and opportunities may vary and are not guaranteed.
Participation in Playing, Boosting, Sharing, Download, chart, and reward features may involve public display of certain account, profile, wallet, and participation information within the Services, including your username or handle, public profile information, wallet address, and participation details such as Boosting activity where applicable. Some activity may also be reflected in public blockchain records, as further described in the Privacy Policy. AUDIOPOOL does not provide non-public personal contact information, such as an email address, legal name, mailing address, or phone number, to Artists, sponsors, or Industry Partners except as described in the Privacy Policy or a published program-specific redemption, opportunity, or fulfillment process.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted in the Services. Your continued use of the Services after revised Terms of Use are posted means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, because they are binding on you.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them. To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide through the Services is correct, current, and complete. You must maintain a valid, verified, and monitored email address for as long as your account remains active. You agree that all information you provide to register with the Services or otherwise, including through any interactive features, is governed by our Privacy Policy, available at https://www.audiopool.io/privacy, and you consent to all actions we take with respect to your information consistent with that Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We are not liable to you if you suffer any losses or damages arising from or related to your provision of the foregoing security information to any third party, or if a third party gains unauthorized access to your personal information through your device(s). We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Third-Party Login Services
AUDIOPOOL uses a third-party authentication and wallet infrastructure provider, Dynamic (dynamic.xyz), to support user sign-in and embedded wallet functionality. Users access the Services by logging in with email, and an embedded Web3 wallet is created and associated with the user’s account through Dynamic. Your use of any third-party services (including Dynamic) may be subject to additional terms, policies, and disclosures provided by those third parties. AUDIOPOOL is not responsible for the availability, security, or performance of third-party services, or for any acts or omissions of third-party providers.
Embedded Wallets (Non-Custodial)
As part of the Services, a Web3 wallet may be provisioned for you (an “Embedded Wallet”). Embedded Wallets are non-custodial, meaning you control the wallet and its associated private keys. AUDIOPOOL does not store your private keys. AUDIOPOOL cannot access, view, or recover your private keys, and cannot reverse blockchain transactions. The Embedded Wallet exists to enable in-app functionality such as Boosting, chart participation, and rewards. The Embedded Wallet is not itself the primary method used to sign in to the Services. You are responsible for maintaining the security of your account, device, and any authentication or recovery methods associated with your Embedded Wallet. If you lose access to your Embedded Wallet, you may lose access to any digital assets or rewards associated with it, and AUDIOPOOL may be unable to restore access.
Email and Electronic Communications
Electronic delivery. By creating or using an account, you agree that AUDIOPOOL may provide agreements, notices, disclosures, receipts, and other communications electronically, including by email, in-product notification, or posting within the Services, where permitted by applicable law.
Essential participation communications. AUDIOPOOL connects Artists, Fans, DJs, curators, and other users with chart visibility, rewards, recognition, and Industry Opportunities. The ability to communicate with account holders is essential to providing these features and administering participation in the Services.
As a condition of creating and maintaining an account, you must:
- provide a valid email address;
- verify that email address;
- keep the email address current and capable of receiving communications from AUDIOPOOL; and
- regularly monitor communications relating to your account and participation.
AUDIOPOOL may use the email address associated with your account to send communications concerning:
- your account, profile, Artist Studio, and uploaded Tracks;
- relevant chart positions, chart movement, chart results, and chart highlights;
- rewards you have earned, may qualify for, or must take action to claim;
- Industry Opportunities identified for or offered to you;
- introductions, enquiries, or communications involving Industry Partners;
- Downloads, support activity, and participation connected with your account or Tracks;
- moderation, rights, security, fraud prevention, and compliance matters;
- changes to the Services, these Terms, the Privacy Policy, the Artist Upload License Agreement, Chart Rules, or program terms;
- service availability, technical issues, and operational matters; and
- other information reasonably necessary to administer your participation in AUDIOPOOL.
Integral part of the Services. These communications are an integral part of the Services and are not an optional newsletter subscription. AUDIOPOOL does not offer accounts where it cannot reasonably communicate with the account holder about participation, chart visibility, rewards, and Industry Opportunities.
Responsibility to remain contactable. You are responsible for maintaining a valid, verified, and monitored email address. If communications repeatedly fail, your email address becomes invalid, or AUDIOPOOL can no longer communicate with you about matters necessary to provide the Services, AUDIOPOOL may restrict, suspend, or close your account.
Failure to read an email does not extend a deadline, preserve an expired reward or opportunity, or make AUDIOPOOL responsible for any result arising from your failure to monitor the email address associated with your account.
Partner and opportunity communications. AUDIOPOOL may include information about Industry Partners, rewards, and opportunities where that information relates to the Services, your participation, or an opportunity available through AUDIOPOOL.
No unrelated promotional emails. AUDIOPOOL will not use the mandatory essential-communications stream to send unrelated promotional emails, sell your email address, or permit third parties to send advertising directly to you.
No email-free account. Essential participation communications cannot be disabled while your account remains active. AUDIOPOOL does not provide an account that is disconnected from communications necessary to administer chart participation, rewards, Industry Opportunities, Artist activity, security, or other core features. If you do not wish to receive these communications, you must close your account. AUDIOPOOL may continue to send communications that are legally required or necessary to complete account closure, resolve outstanding matters, prevent fraud, maintain compliance records, or establish, exercise, or defend legal claims.
Intellectual Property Rights
The Services and their 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 the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Services for your personal, non-commercial use only, except that a Track made available through an authorized Download may also be used for the personal listening and DJ-performance purposes expressly permitted under the section titled “Downloads and User Download Rights.” You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services except as expressly permitted by these Terms, a feature of the Services, additional terms displayed at the point of use or Download, or the applicable rightsholder in writing:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media or promotional features as part of the Services or in connection with other agreements outside of these Terms of Use, you may take such actions as are enabled by such features and/or agreements as applicable. You must not:
- Modify copies of any materials from this site.
- 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 this site. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services, except as allowed in these Terms of Use. If you wish to make any use of material on the Services other than that set out in this section, please address your request to: support@audiopool.io. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the term “AUDIOPOOL”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners.
Prohibited Uses of the Services
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of sharing music or other Content in connection with political uses, sexual and/or adult content.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- 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 impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability. Additionally, you agree not to:
- Participate in any unauthorized copying, distribution, or exploitation of content from the Services outside the scope of permitted use, including reposting, redistributing, or using content without required rights or permissions. This restriction does not prohibit Sharing Tracks or profile content using AUDIOPOOL’s built-in Sharing, social, or promotional features, or otherwise as expressly permitted by these Terms.
- Attempt to manipulate, game, or artificially influence chart outcomes or related visibility or reward mechanics (including through coordinated inauthentic activity, artificial Boosting activity, abusive Boosting behavior, automation, or fraudulent conduct). We may remove related content, disqualify chart activity, deem you ineligible for Rewards, and/or suspend or terminate your account for such conduct.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- 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 Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Artist Content and User Contributions
1) Artist Content (Tracks)
Artists may upload original music to the Services, including singles, EPs, and albums (each individual recording, a “Track”), together with related materials such as artwork, titles, descriptions, and metadata (collectively, “Artist Content”). Artists are solely responsible for all Artist Content they submit and for ensuring it complies with these Terms of Use, including the Content Standards. AUDIOPOOL may, in its sole discretion, review, remove, disable access to, or restrict any Artist Content at any time, including where AUDIOPOOL believes such content violates these Terms of Use, infringes third-party rights, is unlawful, or may harm the integrity of the Services. If you upload music as an Artist, you must agree to the Artist Upload License Agreement in the applicable upload flow, which governs additional terms applicable to Track uploads and is incorporated into these Terms by reference.
2) User Contributions (Profiles and Link-in-Bio)
Users may create and manage certain profile and page content through the Services, including a username, profile picture, banner image, profile bio, and link-in-bio page (collectively, “User Contributions”). Users may not upload music or audio recordings unless expressly authorized by AUDIOPOOL as an Artist. Any public User Contributions that you post through the Services will be considered non-confidential and non-proprietary. All Artist Content and User Contributions must comply with the Content Standards set out in these Terms of Use.
3) License Grant (Service Operation Only)
By uploading, submitting, or otherwise making available any Artist Content and/or User Contributions through the Services, you grant AUDIOPOOL and its service providers a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers for hosting and delivery) license to host, store, transmit, display, and make available such content through the Services, including to enable playback, profile display, link-in-bio pages, Sharing features, and authorized Downloads. This license includes only those limited rights necessary to operate and provide the Services. AUDIOPOOL will not use your content for any other purpose without your permission. You acknowledge that we may make limited technical changes as necessary to operate the Services (for example, encoding audio for playback, creating thumbnails, resizing images, or formatting metadata), but we will not alter the creative content of any Track.
4) Promotional Use
You grant AUDIOPOOL a limited, non-exclusive, royalty-free license to use your Track title, artist name, approved artwork, and related metadata to promote the Services and the chart experience, including announcing chart positions, chart movement, winners, and other chart-related highlights. This promotional use may occur within the Services and on AUDIOPOOL-controlled marketing channels (including AUDIOPOOL’s website, official social media accounts, and official communications). AUDIOPOOL will not use the audio of your Track in marketing materials or create derivative works of your Track audio for promotional purposes without your permission.
5) Your Representations and Warranties
You represent and warrant that: You own or control all rights in and to the Artist Content and/or User Contributions you submit and have the right to grant the licenses granted above to AUDIOPOOL and its service providers; and All of your Artist Content and/or User Contributions do and will comply with these Terms of Use and do not violate or infringe upon any law or the rights of any person or entity (including intellectual property, privacy, or publicity rights).
6) Responsibility for Content
You understand and acknowledge that you are responsible for any Artist Content and User Contributions that you submit or make available through the Services, and you, not AUDIOPOOL, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
AUDIOPOOL is not responsible or liable to any third party for the content or accuracy of any Artist Content or User Contributions posted by you or any other user of the Services.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any Content or User Contributions for any or no reason at our sole discretion.
- Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including without limitation, if we believe that such Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or any other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. 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 of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all Content, User contributions, and use of Interactive Services. Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Content and User Contributions MUST NOT:
- 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.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://www.audiopool.io/privacy.
- 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.
- Include commercial content or sales links that are unlawful, misleading, deceptive, spammy, or used to promote token sales, token trading, speculative activity, or investment opportunities.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
License and Ownership Terms for Tracks and Smart Contracts
1) Ownership
AUDIOPOOL does not claim ownership of any Track uploaded to the Services. Artists retain all right, title, and interest in and to their Tracks, including all intellectual property rights, subject only to the limited licenses expressly granted under these Terms of Use.
2) Rights Required to Upload
By uploading a Track, you represent, warrant, and agree that you own or control all rights necessary to upload and make the Track available through the Services, including both:
- the master sound recording rights in and to the Track; and
- the publishing/composition rights in and to the Track (including all writers’ and publishers’ interests). You further represent and warrant that the Track (and any associated artwork, titles, and metadata) does not infringe or violate any law or any third-party rights, and that making the Track available through the Services will not breach any agreement you have with any third party. Samples and third-party materials. If your Track includes or is based on any third-party material (including any samples, interpolations, remixes, stems, beats, loops, sound recordings, compositions, vocals, or other protected content), you represent and warrant that you have obtained all necessary rights, clearances, consents, and licenses to use such materials and to make the Track available through the Services on the terms set out in these Terms of Use. Collecting societies; royalties. You acknowledge that AUDIOPOOL makes Tracks available through the Services on a royalty-free basis as between you and AUDIOPOOL. You are solely responsible for determining and satisfying any obligations you may have to any third party in connection with the Track, including without limitation any record label, music publisher, co-writers, producers, performers, or any performing rights organization (PRO), mechanical rights organization, collective management organization (CMO), or neighbouring-rights organization (including SoundExchange and international equivalents). If you (or any rightsholder of your Track) are affiliated with or represented by any such organization, or have entered into any agreement that could limit your ability to grant the licenses required for the Services, you represent and warrant that you have obtained all necessary consents, waivers, and authorizations (and, where applicable, have satisfied any required notices or reporting obligations) to make the Track available through the Services on this basis. You further represent and warrant that you have all rights, licences, consents, and permissions required to authorize free Downloads of the Track through the Services where Download functionality is enabled, including all master, publishing, composition, sample, featured artist, producer, artwork, and other third-party rights.
If you cannot make these representations and warranties, you must not upload the Track.
3) Smart Contracts, Boosting, and Onchain Records
Each Track on AUDIOPOOL may be associated with a blockchain-based smart contract or similar onchain record (a “Smart Contract”) used to support features such as Boosting, chart participation, and rewards. Certain actions in the Services may be recorded on the Base blockchain network (and, where applicable, other supported blockchain networks) and associated with a Track and/or a User’s wallet address (“Onchain Data”). Onchain Data may include, for example: (i) Track identifiers and Smart Contract addresses, (ii) Boosting and Unboosting events (including amounts and timestamps), (iii) snapshot and chart-related events, and (iv) reward distribution events. You acknowledge and agree that Onchain Data may be publicly viewable and that blockchain transactions are generally irreversible. As a result, AUDIOPOOL may not be able to modify, reverse, delete, or remove Onchain Data, even if a Track is removed or access is restricted within the Services. AUDIOPOOL does not intend to record personal information (such as your name, email address, or other account details) onchain, and you should not include personal information in any Track metadata or content you submit. Information we collect off-chain through the Services is handled in accordance with our Privacy Policy.
Downloads and User Download Rights
1) Download Availability and Artist Authorization
Where enabled by AUDIOPOOL, Tracks may be made available as free Downloads to users who meet the applicable Download eligibility requirements. A “Download” means a downloadable copy of a Track made available through the Services where Download functionality is enabled by AUDIOPOOL and authorized by the Artist through Artist Studio, the applicable upload settings, or another approved upload flow.
A Track will be made available for Download only where the Artist has authorized Downloads. Artists are separately bound by the Artist Upload License Agreement, which governs the rights, permissions, warranties, and obligations required to make a Track available for Download.
2) Support-Gated Downloads
Download eligibility may include Boosting the Track or completing another support action described in the Services. A Boost-gated Download is an artist-supported gift, reward, or access feature. Boosting is an onchain digital vote and a signal of support. It is not payment for the Track, a purchase of the Track, or a sale of digital music by AUDIOPOOL or the Artist.
A Boost-gated Download does not create any ownership interest, royalty right, revenue share, profit share, equity interest, or other financial interest in the Track, the Artist, or AUDIOPOOL.
3) User Download Licence
When you lawfully Download a Track through AUDIOPOOL, you receive a limited, personal, non-exclusive, non-transferable licence to Download, store, and use that Track for personal listening and DJ-performance purposes.
This includes use of the downloaded Track in live DJ sets, subject to any venue, event, public-performance, broadcast, livestream, neighbouring-rights, performing-rights, mechanical-rights, or other licence required by law or by the relevant venue, platform, broadcaster, territory, or collecting society.
4) Download Restrictions
You may not resell, redistribute, sublicense, upload, publish, commercially exploit, mint, sample, remix, synchronize, broadcast, livestream, make available, share the audio file itself, create derivative works from, or otherwise distribute or exploit a downloaded Track except where AUDIOPOOL or the Artist expressly permits that use in writing.
5) Additional Download Rules
AUDIOPOOL may display additional usage terms, eligibility conditions, territorial limits, file formats, Download limits, required support actions, or other rules at the point of Download. Those additional terms apply to the applicable Download.
AUDIOPOOL may modify, suspend, limit, or discontinue Download functionality, eligibility criteria, or Download-related rules at any time. Downloads already completed remain subject to the licence and restrictions that applied when the Download occurred.
AUDIOPOOL does not guarantee that any Track will remain available for Download, that any user will qualify for a Download, or that a downloaded file will be compatible with any particular device, software, or DJ system.
6) Downloads and Chart Activity
Users may support Tracks by Playing, Boosting, Sharing, and, where enabled, Downloading Tracks through the Services. Chart activity may include Play activity, Boosting activity, Sharing activity, Download activity, and other participation signals recognized under the Chart Rules.
Download eligibility does not independently guarantee or determine chart placement. Where a Download is unlocked by Boosting or another support action, the related support activity may be counted, weighted, limited, excluded, reviewed, or disqualified under the same Chart Rules and integrity standards that apply to other participation activity.
AUDIOPOOL may investigate suspected abuse of Download functionality, including automated Downloads, multi-accounting, evasion of eligibility limits, unauthorized redistribution, or other manipulation. AUDIOPOOL may restrict Downloads, disqualify activity, withhold rewards, remove Content, or suspend or terminate accounts in response.
Removal; Takedown; Suspension and Reporting Infringement
Removal; Takedown; Suspension. AUDIOPOOL may remove, disable access to, restrict, or delete any Content at any time in its sole discretion. “Content” includes, without limitation, Tracks, artwork, titles, metadata, usernames, profile photos, banner images, bios, link-in-bio pages, and any other materials submitted to or displayed through the Services. We may take these actions for any reason, including where we believe Content violates these Terms, the Content Standards, applicable law, or third-party rights, or where necessary to protect the integrity, security, or operation of the Services. We may also suspend or terminate accounts for repeated or serious violations. If Content is removed or access is restricted, it may no longer be available through the Services. Any onchain records associated with a Track or user activity may remain publicly visible and may not be removable, as described in these Terms. Report Infringement. If you believe that any Content on the Services infringes your copyright, trademark, or other rights, please report it to us at support@audiopool.io (or another contact method we designate) and include, where possible: (i) a description of the work or right you believe is infringed; (ii) a link or other information sufficient for us to locate the allegedly infringing Content; (iii) your name and contact information; and (iv) a brief explanation of why you believe the Content is infringing. We may request additional information to evaluate your report. We will review complete reports and respond within a reasonable time, and we may remove or restrict access to Content at our discretion.
Repeat Infringer Policy; Enforcement; Effect on Wallet and Boost
1) Repeat Infringer Policy
AUDIOPOOL respects the rights of copyright owners and expects Users and Artists to do the same. We may, in appropriate circumstances and in our sole discretion, suspend or terminate accounts of Users or Artists who are repeat infringers or who repeatedly violate these Terms, including the Content Standards.
For purposes of this policy, a “repeat infringer” may include any user who has been the subject of multiple infringement reports, takedown actions, or other credible allegations of rights violations, whether or not such reports result in a formal legal determination.
2) Enforcement and Remedies
In addition to any other rights or remedies available to AUDIOPOOL, we may take any of the following actions at any time, in our sole discretion, to enforce these Terms and protect the integrity of the Services:
- remove, disable access to, or restrict any Content (including Tracks, profiles, images, and link-in-bio pages);
- suspend, limit, or terminate an account;
- restrict or revoke access to features (including uploading, Boosting functionality within the Services UI, chart eligibility, missions, or rewards programs);
- require additional verification or impose limits to prevent abuse; and/or
- take any other action we reasonably believe necessary to protect the Services, Users, Artists, or third parties.
3) Effect on Rewards, Eligibility, and Boost
You acknowledge that participation in chart and reward features is subject to these Terms and the applicable program rules. If we reasonably believe you have engaged in infringement, fraud, manipulation, abuse, or other violations, we may, in our discretion:
- disqualify you (including your wallet address) from eligibility for rewards, missions, or other incentive programs;
- delay, suspend, withhold, or deny rewards (including rewards not yet distributed) to the extent permitted by applicable rules and law; and/or
- reverse or correct program outcomes within the Services on a prospective basis (for example, removing a Track from chart eligibility going forward).
4) Non-Custodial Wallets; No Confiscation
AUDIOPOOL does not control non-custodial wallets and does not store users’ private keys. As a result, AUDIOPOOL cannot seize, take, or transfer digital assets held in a user’s wallet. However, you acknowledge that AUDIOPOOL may restrict your access to the Services and may limit your eligibility to participate in reward programs or to receive future rewards through the Services as described above.
5) Onchain Activity Remains
Because certain activity may be recorded onchain (including Boosting and reward-related events), you acknowledge that onchain records may remain publicly visible and may not be removable, even if Content is removed or an account is suspended or terminated.
Copyright Infringement
If you believe that any Content, User Contributions, or other content on the Services violates your copyright in a manner that constitutes copyright infringement, you may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Designated Copyright Agent with the following information in writing:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identification of the material that you claim is infringing or to be the subject of infringing activity and that you request be removed or access to which be disabled, and information reasonably sufficient to permit us to locate the material.
- Your contact information, including your name, address, telephone number, and, if available, an email address.
- A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your physical or electronic signature. Please send your DMCA notice to: AUDIOPOOL, Inc. support@audiopool.io Counter-Notification If you believe that the material you posted on our Services was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with our Copyright Agent by providing the following information in writing:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your contact information, including name, address, and telephone number.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
- Your physical or electronic signature.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. These Services includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the content on these Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
All information we collect on these Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Fan Data Sharing; Artist and Sponsor Access
AUDIOPOOL is a direct artist-to-fan music discovery network, and certain information related to your account, profile, wallet, and participation in chart features may be visible to others or shared with relevant third parties as described in our Privacy Policy. Public visibility. Certain information may be publicly visible through the Services and/or public blockchain records, which may include your wallet address, user handle, profile information, and certain participation activity, such as Boosting and chart participation, as applicable. Artists and Public Participation Visibility The Services may display participation information to users and Artists as part of chart, community, and transparency features. If you Boost a Track or participate in chart features, your participation may be visible within the Services to other users, including your username or handle, public profile information you choose to display, wallet address, the Track or Tracks you support, and participation details such as Boosting activity, amounts, and timing as presented in the Services. Participation may also be reflected in public blockchain records. AUDIOPOOL does not provide your non-public personal contact information, such as email address, legal name, mailing address, or phone number, to Artists. Sponsors and Reward Fulfillment (Case-by-Case Redemption Only) AUDIOPOOL does not provide non-public personal contact information to sponsors, brand partners, or reward fulfillment providers by default. If a specific reward program requires information to be disclosed to complete redemption or fulfillment, AUDIOPOOL will publish a program-specific redemption and fulfillment process and present it at the point of redemption. Where applicable, we will disclose only the minimum necessary information to complete redemption or fulfillment and related support or fraud prevention. Artists may not resell personal information obtained through the Services to third parties. Sponsors may not resell personal information obtained through the Services to third parties.
Sponsor Non-Interference. Sponsor participation does not influence chart ranking logic, chart translation mechanics, weighting coefficients, qualification thresholds, governance decisions, or chart visibility. Sponsors may support rewards, recognition programs, and fan-powered charts and related programs only, subject to these Terms.
Online Transactions and Other Terms and Conditions
1) No Sale of Boost; Free Track Downloads
AUDIOPOOL does not offer any ability to purchase Boost through the Services. Tracks may be made available as free Downloads under these Terms, but those Downloads are not sales or purchases of digital music. AUDIOPOOL does not sell Boost, does not provide a fiat on-ramp, and does not facilitate trading of Boost. Any decision to acquire Boost outside the Services, if applicable, is solely between you and the relevant third party and is not provided, sponsored, or controlled by AUDIOPOOL.
2) Boost Functionality and Transfer Restrictions
Boost is a participation credit for use within the Services only. Boost is not equity or ownership in AUDIOPOOL, is not intended to be a security or financial instrument, is not a deposit or bank product, is not redeemable for cash through AUDIOPOOL, and does not provide any right to dividends, profits, revenue share, royalty, or financial return. AUDIOPOOL does not operate an exchange, order book, swap interface, or automated market maker for Boost, and does not seed, support, or provide liquidity for Boost liquidity pools. The Services do not reference or incorporate any external market price of Boost in ranking, rewards, eligibility, or visibility. Boost used in the Services functions solely as a participation credit for Boosting, chart participation, and reward-related functionality. Once Boost is used inside the Services, it is non-withdrawable from the Services and functions only within the Services as participation credit. AUDIOPOOL may support certain inbound transfers of Boost into the Services, but AUDIOPOOL does not enable outbound transfers or withdrawals of Boost from the Services and does not enable secondary market activity through the Services. Boosting is a signal of fan support and a participation-recording mechanism only. Nothing in the Services is intended to create an investment opportunity or any expectation of profit, and Boost is not offered or made available as an investment product. AUDIOPOOL may impose limits, delays, or additional verification requirements on Boost-related activity to protect the integrity of the Services, prevent fraud or abuse, comply with legal obligations, or support the safe operation of the Services.
3) Memberships and Service Fees
AUDIOPOOL may offer optional or required memberships, subscriptions, or other service access fees for certain features of the Services. During the MVP phase, the Services, or certain features, may be offered without charge. AUDIOPOOL may introduce, modify, or discontinue memberships or service fees at any time, but will provide advance notice before activating new recurring membership fees for existing users, unless a shorter notice period is required for legal, security, or operational reasons. Any membership or service fee is charged solely for access to features and services and does not purchase Boost, does not constitute Boosting, and does not guarantee any rewards.
4) Rewards Only; No Guarantee of Rewards
The Services may allow users to unlock rewards based on participation in the mechanics of the Services, such as Boosting, Sharing, chart eligibility, missions, or other programs described in the
Services (collectively, "Rewards"). Rewards may be denominated or paid in Boost, U.S. dollars, or other forms of value disclosed by AUDIOPOOL in connection with the applicable program. Rewards are provided solely as part of participation in the Services and are not intended to be, and should not be understood as, an investment product, profit opportunity, or return. Sponsor-Supported Rewards. Certain Rewards may be funded, provided, or supported by third-party sponsors. Additional eligibility requirements may apply to sponsor-supported Rewards. AUDIOPOOL is not responsible for third-party sponsor products, services, fulfillment, or offers. AUDIOPOOL does not guarantee that any Rewards will be available, unlocked, paid, or maintained at any particular level. Reward programs, eligibility criteria, calculation methods, and payout timing may be changed, paused, limited, or discontinued at any time in AUDIOPOOL’s discretion, including to protect the integrity of the Services. Randomized Rewards ("Blind Box") and Rewards Rules. From time to time, the Services may offer randomized reward experiences, including blind box style rewards, that are available only to logged-in users who meet eligibility requirements, which may include maintaining an active Boost, and that are subject to cooldown periods and other limits described in the Services. No purchase is required to participate unless expressly stated in the applicable rules. The probabilities or odds, eligibility requirements, reward types, and cooldown rules for any such program will be disclosed in the Services and/or in a program-specific Rewards Rules page. Rewards and credits are account-bound, non-transferable, have no cash value, and do not constitute property. We may withhold, void, or reverse eligibility for rewards within the Services, and may suspend or terminate accounts, where we detect or reasonably suspect abuse, automated scripts, botting, multi-accounting, or other manipulation. "Reverse" here means reverse eligibility or credits within the Services, not onchain transactions.
5) Eligibility, Integrity, and Withholding
Rewards may be subject to eligibility requirements, including maintaining an active Boost at the relevant snapshot or calculation time, and may be reduced, delayed, suspended, or withheld where AUDIOPOOL reasonably believes there has been fraud, manipulation, abuse, policy violations, or other activity that harms the integrity of the Services. AUDIOPOOL may require additional verification or impose limits to prevent misuse. Integrity Actions. If AUDIOPOOL determines that activity related to charts or Rewards is fraudulent, abusive, manipulative, or otherwise violates these Terms, AUDIOPOOL may delay, reduce, withhold, revoke, or deny Rewards and may disqualify related chart activity. AUDIOPOOL may require identity verification, including know-your-customer verification, tax documentation, or other compliance checks as a condition of eligibility for certain Rewards or reward distributions, including based on jurisdiction, payout method, or applicable law.
6) Blockchain Transactions; Network Conditions
Certain features of the Services may involve blockchain transactions, including Boosting, Unboosting, and reward distributions. You acknowledge that blockchain transactions are generally irreversible and that transaction processing depends on third-party blockchain networks and infrastructure outside AUDIOPOOL’s control. AUDIOPOOL does not guarantee that any transaction will be confirmed within a particular time, or at all.
7) Fees and Network Costs
AUDIOPOOL does not charge users a purchase price for Boost or for Rewards. However, third-party blockchain networks may charge transaction or network fees, including gas fees, to process
transactions in the Services, including Boosting, Unboosting, and reward-related transactions. AUDIOPOOL may, in its discretion, sponsor or cover some or all such fees as part of the user experience, but is not obligated to do so and may change or discontinue such sponsorship at any time.
8) Taxes
You are solely responsible for determining and paying any taxes, duties, levies, or similar governmental assessments that may apply to your use of the Services or receipt of Rewards. AUDIOPOOL does not provide tax advice.
9) No Refunds
Because AUDIOPOOL does not sell Boost or process purchases through the Services at this time, there are no refunds for Boost or Rewards through AUDIOPOOL. Any third-party transactions you may enter into outside the Services are governed solely by the terms of the relevant third party.
Linking to the Services and Social Media Features
You may link to our homepage or any pages on the Services that is viewable without a login, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without Company’s express written consent. The website may provide certain social media and/or promotional features that enable you to:
- Link from your own or certain third-party platforms to certain content on these Services.
- Send emails or other communications with certain content, or links to certain content, on these Services.
- Cause limited portions of content on these Services to be displayed or appear to be displayed on your own or certain third-party platforms.
- Promote Tracks online and through third-party platforms You may use these features solely as they are provided by us, and 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. Subject to the foregoing, you must not take any action with respect to the materials on these Services that is inconsistent with any other provision of these Terms of Use. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites or services linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such platforms.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY SITE OR SERVICE LINKED TO THEM. YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 SERVICES, ANY SITES OR SERVICES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER SITES OR SERVICES, 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. ADDITIONALLY, AUDIOPOOL’S LIABILITY TO YOU UNDER ANY CIRCUMSTANCE WHATSOEVER SHALL BE LIMITED TO THE LESSER OF (1) THE AMOUNTS PAID TO YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (2) $500.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, 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 of Use or your use of the Services, including, but not limited to, your Content and/or User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
Governing Law All matters relating to the Services and these Terms of Use, and any dispute or claim arising out of or related to them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Arbitration At Company’s sole discretion, it may require you to submit any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Services, including disputes concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration administered by the American Arbitration Association in accordance with its applicable rules, with Delaware law governing the dispute. You agree that any such claim will be adjudicated only on an individual basis, and you waive any right to participate in a class, collective, representative, PAGA, or other joint action with respect to such claim. Court Jurisdiction for Non-Arbitrable Matters; Enforcement To the extent any dispute is found not to be subject to arbitration, or for any action to compel arbitration, stay proceedings pending arbitration, or confirm, enforce, or challenge any arbitration award, such proceeding shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any
failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, our Privacy Policy, and the Artist Upload License Agreement (as applicable) constitute the sole and entire agreement between you and AUDIOPOOL, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Services.
Your Comments and Concerns
These Services are operated by AUDIOPOOL, Inc. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@audiopool.io.