Terms of Use

Teksaudi is the corporate website and online presence for Teksaudi. Teksaudi, which allows consumers, investors, and potential employees to learn more about Teksaudi products and services. The services offered by Teksaudi include any other features, content, or applications offered from time to time by Teksaudi in connection with the Teksaudi Website (collectively, the “Teksaudi Services”).The Teksaudi Services are hosted in the United States.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Teksaudi Services. By using the Teksaudi Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Teksaudi Website) or you are a “Member” (which means that you have registered with the Teksaudi Website). The term “User” refers to a Visitor or a Member. You are only authorized to use the Teksaudi Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Teksaudi Website and discontinue use of the Teksaudi Services immediately. If you wish to become a Member, communicate with other Members and make use of the Teksaudi Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Teksaudi’s policy for acceptable use of the Teksaudi Services and Content posted on the Teksaudi Website, your rights, obligations and restrictions regarding your use of the Teksaudi Services and Teksaudi’s Privacy Policy. In order to participate in certain Teksaudi Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Teksaudi Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by requesting it through our contact form.

Teksaudi may modify this Agreement from time to time and such modification shall be effective upon posting by Teksaudi on the Teksaudi Website. You agree to be bound to any changes to this Agreement when you use the Teksaudi Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

  1. Eligibility. Use of and Membership in the Teksaudi Services is void where prohibited. By using the Teksaudi Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Teksaudi Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Teksaudi Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Teksaudi may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Password. When you sign up to become a Member, you will also be asked to choose a password. In some cases, you may be assigned a password by a Teksaudi employee. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Teksaudi immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  4. Content/Activity Prohibited.The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Teksaudi Services. Teksaudi reserves the right to investigate and take appropriate legal action against anyone who, in Teksaudi’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Teksaudi Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Teksaudi:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. includes a photograph of another person that you have posted without that person’s consent; or
    15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

    The following is a partial list of the kind of activity that is illegal or prohibited on the Teksaudi Website and through your use of the Teksaudi Services. Teksaudi reserves the right to investigate and take appropriate legal action against anyone who, in Teksaudi’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Teksaudi Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Teksaudi Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Teksaudi reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Teksaudi deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Teksaudi Services, you acknowledge that you will have caused substantial harm to Teksaudi, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Teksaudi $50 for each such unsolicited email or other unsolicited communication you send through the Teksaudi Services;
    3. covering or obscuring the banner advertisements on your personal profile page, or any Teksaudi page via HTML/CSS or any other means;
    4. any automated use of the system, such as using scripts to add friends or send comments or messages;
    5. interfering with, disrupting, or creating an undue burden on the Teksaudi Services or the networks or services connected to the Teksaudi Services;
    6. attempting to impersonate another Member or person;
    7. for band profiles, copying the code for your Teksaudi Player and embedding it into other profiles or asking other Members to embed it into their profiles;
    8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    9. selling or otherwise transferring your profile;
    10. using any information obtained from the Teksaudi Services in order to harass, abuse, or harm another person;
    11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Teksaudi Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or
    12. using the Teksaudi Services in a manner inconsistent with any and all applicable laws and regulations.
  5. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Teksaudi to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Teksaudi by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Teksaudi Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Teksaudi Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Teksaudi’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Attn: Copyright Agent;

  6. Member Disputes. You are solely responsible for your interactions with other Teksaudi Members. Teksaudi reserves the right, but has no obligation, to monitor disputes between you and other Members.

  7. Privacy. Use of the Teksaudi Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  8. Disclaimers. Teksaudi is not responsible for any incorrect or inaccurate Content posted on the Teksaudi Website or in connection with the Teksaudi Services, whether caused by Users of the Teksaudi Services or by any of the equipment or programming associated with or utilized in the Teksaudi Services. Profiles created and posted by Members on the Teksaudi Website may contain links to other websites. Teksaudi is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Teksaudi. Inclusion of any linked website on the Teksaudi Services does not imply approval or endorsement of the linked website by Teksaudi. When you access these third-party sites, you do so at your own risk. Teksaudi takes no responsibility for third party advertisements which are posted on this Teksaudi Website or through the Teksaudi Services, nor does it take any responsibility for the goods or services provided by its advertisers. Teksaudi is not responsible for the conduct, whether online or offline, of any User of the Teksaudi Services. Teksaudi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Teksaudi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Teksaudi Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Teksaudi Services. Under no circumstances shall Teksaudi be responsible for any loss or damage, including personal injury or death, resulting from use of the Teksaudi Services, attendance at a Teksaudi event, from any Content posted on or through the Teksaudi Services, or from the conduct of any Users of the Teksaudi Services, whether online or offline. The Teksaudi Services are provided “AS-IS” and as available and Teksaudi expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Teksaudi cannot guarantee and does not promise any specific results from use of the Teksaudi Services.

  9. Limitation on Liability. IN NO EVENT SHALL Teksaudi BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Teksaudi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Teksaudi’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Teksaudi FOR THE Teksaudi SERVICES DURING THE TERM OF MEMBERSHIP.
  10. Disputes. If there is any dispute about or involving the Teksaudi Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Teksaudi or you may demand that any dispute between Teksaudi and you about or involving the Teksaudi Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Teksaudi from seeking injunctive relief in a court of competent jurisdiction.
  11. Indemnity. You agree to indemnify and hold Teksaudi, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Teksaudi Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Teksaudi Website or through the Teksaudi Services causes Teksaudi to be liable to another.
  12. Other. This Agreement is accepted upon your use of the Teksaudi Website or any of the Teksaudi Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Teksaudi regarding the use of the Teksaudi Services. The failure of Teksaudi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

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