1. Service. The Gobbler service is a proprietary audio file storage and management system that enables customers to store, manage, organize and transfer their audio files (the "Service").
2. Registration and Account Information. Customer must register and create an account with Gobbler as a condition to using the Service. In order to register with Gobbler, Customer must provide complete and accurate information as requested in the registration process. Customer will maintain and update all information provided by Customer during registration as required to keep it current, complete and accurate. If Customer provides any inaccurate information or fails to keep such information current, complete and accurate, Gobbler may terminate Customer's account and Customer's right to use the Service. Customer shall maintain the security and confidentiality of all passwords issued to Customer. Customer agrees not to transfer or share Customer's user name or password, or lend or otherwise transfer Customer's use of or access to the Service, to anyone. Customer is responsible for any and all activities that occur under Customer's account. Customer agrees to immediately notify Gobbler of any unauthorized use of Customer's account or any other breach of security related to Customer's account or the Service.
3. Grant of Rights
4. Obligations of Customer
4.1 Customer Systems. Customer is solely responsible for providing and maintaining, at its own expense, all equipment, facilities and services necessary to access and use the Service, including, without limitation, computer hardware and software, modems, telephone service and Internet access.
4.2 Customer Content.
Customer is solely responsible for all Customer audio files, text, graphics, data, documents, information, comments, and other content or materials of any kind uploaded, posted, stored, hosted, transferred or otherwise made available on or through the Service or the Gobbler website (the "Customer Content"), including without limitation the accuracy, quality, integrity, completeness, legality, reliability, appropriateness, noninfringement and intellectual property ownership of such Customer Content. Gobbler shall not be responsible or liable in any manner for such Customer Content, or for the deletion, correction, destruction, damage, or loss thereof. You use the Service at your own risk. Customer shall ensure, and represents and warrants, that none of the Customer Content:
(i) infringes upon or violates any third party's copyright, trademark or other intellectual property rights, rights of publicity, rights of privacy, contract or other rights;
(ii) is defamatory, obscene, pornographic, indecent, harassing, abusive, threatening, inflammatory, fraudulent; or otherwise objectionable, and that it does not constitute child pornography, relate to bestiality, or depict non-consensual sex acts;
(iii) violates any applicable law, rule or regulation; or
(iv) would otherwise create liability for Gobbler or cause any harm to anyone.
4.5 Compliance with Laws. In using the Service, Customer shall comply with all applicable laws, rules and regulations.
4.7 Customer Indemnity. Customer shall defend, indemnify, and hold Gobbler harmless from and against all third party claims, actions, proceedings, damages, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorney fees) arising out of or related to: (i) the Customer Content; (ii) Customer's misuse of the Service; or (iii) any violation by Customer of applicable laws, rules or regulation.
6. Intellectual Property Ownership
6.2 Customer Rights. As between the parties, Customer owns all right, title and interest in and to the Customer Content and all intellectual property rights therein, including, without limitation, all modifications, updates and derivatives works relating thereto.
8. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, Gobbler has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Gobbler website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Copyright Complaints.
If you believe that anything on the Gobbler website infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Michael Gitig
Full Address of Designated Agent to Which Notification Should be Sent:
6427 W. Sunset Blvd
Los Angeles, CA 90028
Telephone Number of Designated Agent: 323.203.3222
Facsimile Number of Designated Agent: 323.654.6404
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
10. Term; Termination
10.2 Termination. Either party may terminate the Service at any time upon written notice to the other party.
10.3 Procedure Upon Termination. Upon termination of the Service, Customer will cease all use of the Service, and Gobbler shall have the right to delete all of the Customer Content that may be stored in connection with the Service.
11. Discontinuation or Modification of Service. Gobbler reserves the right to modify, suspend or discontinue the Service at any time with or without notice, including adding, changing or removing any features or functionality of the Service.
12. Representations and Warranties
12.1 No Gobbler Warranties.
Customer acknowledges that Customer is participating in a beta test of the Software and the Service and that the Software and the Service may not be ready for general commercial release and may contain bugs, errors and defects. ACCORDINGLY, THE SOFTWARE AND THE SERVICE ARE PROVIDED BY GOBBLER AND ACCEPTED BY CUSTOMER "AS IS" AND "WITH ALL FAULTS, DEFECTS AND ERRORS." GOBBLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE, THE SERVICE, OR ANY OTHER ITEMS OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, PERFORMANCE, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE OR THE SERVICE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GOBBLER SHALL HAVE NO LIABILITY FOR ANY ERROR, OMISSION OR DEFECT IN THE SOFTWARE OR THE SERVICE, ANY INABILITY TO USE THE SOFTWARE OR THE SERVICE OR ANY LOSS OF CUSTOMER CONTENT, DATA OR OTHER DAMAGE TO CUSTOMER AS A RESULT OF THE USE OF THE SOFTWARE OR THE SERVICE.
WITHOUT LIMITING THE FOREGOING, GOBBLER DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE SHALL BE COMPATIBLE WITH ANY PARTICULAR CUSTOMER PLATFORM, SOFTWARE OR INTERFACES, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICE SHALL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULTS; (C) ANY STORED DATA SHALL BE ACCURATE OR RELIABLE; (D) MINOR ERRORS OR DEFECTS SHALL BE CORRECTED; (E) THAT THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (F) THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.3 Customer Responsibility. Customer assumes full responsibility for (i) the selection of the Service; (ii) the proper use of the Service; (iii) verifying the results obtained from the use of the Service; (iv) maintaining additional backup copies of all Customer Content; and (v) taking appropriate measures to prevent loss of data, protect against software viruses, and protect against software security breaches.
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