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Terms Of Use

Last updated: March 29, 2025 Welcome to audiomazes.com and thank you for choosing us! The Sites and the Services are owned and provided to you by AUDIOMAZES, LLC (hereinafter “AudioMazes,” “we,” “us,” or “our”). Please read these Terms of Use (“Terms of Use” or “Terms”) carefully as they apply to, and are a condition of your access to, and use of, audiomazes.com, as well as all other websites and/or applications (individually and collectively, “Site” or “Sites”) that you may use to access and use our audio entertainment services (the “Services”) (collectively, the Services and the Site(s) may be referred to collectively as the “Services”). By accessing and continuing your use of our Services, or by checking any authorizations boxes accompanying any links or messages by which you arrived at these Terms of Use, you agree to be bound by these Terms of Use and all other terms, such as our Privacy Policy, as updated from time to time and incorporated here to by reference. If you do not agree to the Terms of Use, DO NOT continue to use the Sites or Services. We reserve the right to change or modify any of the Terms of Use, the Sites, and/or the Services at any time. If we decide to change our Terms of Use, we will notify you by revising the date at the top of the Terms of Use and/or by sending you an email regarding such an update. Your use of the Sites and/or the Services following the posting of changes or modifications to the Terms of Use will constitute your acceptance of the revised Terms of Use. Therefore, you should review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Sites and/or Services. If you do not agree to the amended terms, you must immediately stop using the Sites and/or Services. You must be at least eighteen (18) years old to use the Services and by accessing or using our Services, you represent and warrant that you are at least eighteen (18) years old. If you are not 18, do not continue to use the Services. Your AudioMazes Account If you do not have an AudioMazes account (“Account”), you will need to establish an Account with AudioMazes to use the Services by clicking on the “Sign Up” link on our homepage and following the directions. Your Account should include your legal name, shipping and billing addresses, and up to date payment information (along with any other details provided therein, your “Account Details”). The Payment Methods (defined below) on file with your Account Details will be charged pursuant to the membership plan you select when signing up. To manage your Account and preferences, including your current membership plan, notification settings, and what information about you will be publicly available via your Account profile, please visit the Audiomazes.com profile settings page. Membership Plans As part of our Service, we may offer membership plans of varying prices and features. Some membership plans may be free of charge, in which case, the portions of these Terms referring to fees may not apply. We may change the number of membership plans and their features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our Services. You may upgrade or downgrade your membership plan at any time from your Account profile settings page. Content & Availability On the condition that you are compliant with these Terms of Use and have completed timely payment of any applicable Fees (as defined below), you are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites and/or Services and all content and materials included thereon (collectively, the “AudioMazes Content”) solely for your personal use. You will not use the Sites or any of the AudioMazes Content other than for their intended purpose or in any way that is unlawful or harms AudioMazes. Any use of the Sites/Services or the AudioMazes Content other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, will automatically and immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by AudioMazes at any time. We may add or remove AudioMazes Content from our membership plans and our Services at any time and make no guarantee as to the availability of specific AudioMazes Content in any membership plan or as to any minimum amount of AudioMazes Content in any membership plan. Some AudioMazes Content may be offered in limited territories, and we may use geo-filtering technology to restrict access outside of those territories. Fees and Renewal To use our Services, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You are responsible for ensuring the accuracy of the Payment Method information provided to us. Some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. You can update your Payment Methods by going via your Account profile settings page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). The monthly subscription fee (each a “Fee”) for membership plans will be stated at the time you sign-up through our Site. The applicable Fee is charged to your preferred Payment Method once per month (each a “Billing Period”). The Fees for membership plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms of Use. For physical goods included in any membership plan, you will need to specify where such goods should be shipped, and sales tax is based on the local sales tax in the location you select as your shipping destination. Please note that membership plans involve a recurring payment of a Fee, and, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes, using any Payment Method we have on record for you. If all Payment Methods we have on file for you are declined for payment of your membership Fees, we may cancel your membership unless you provide us with a new Payment Method promptly upon our request. If you provide us with a new Payment Method and are successfully charged before your membership is cancelled, your new membership period will be based on the original renewal date and not the date of the successful charge. If you upgrade a membership plan, we will charge your Payment Method for the difference between the original membership plan and upgraded membership plan at the time you select the upgrade and then the new monthly Fee will be applied to all future Billing Periods until you either cancel (see below) or elect to downgrade your membership plan. If you downgrade your membership plan, the Fee will be changed as of the first Billing Period following your downgrade selection and the features available for the previous membership plan will continue to be available to you until the start of the next Billing Period. A change to your membership plan will not change the Billing Period unless you have cancelled your account and rejoined our Services at a later date. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may, at our discretion, immediately disable or terminate your Account. If your Account is disabled or terminated due to a chargeback, you must contact us to resolve any outstanding payment issues before your Account can be reinstated. Any disputes about a chargeback should be directed to our customer support team by contacting us at memberships@audiomazes.com. Membership Cancellation; Returns You may cancel your membership plan by visiting your Account profile settings page and adjusting your membership settings, or by contacting us at memberships@audiomazes.com. If you cancel your membership, you will not receive a refund of any fees already paid. Your member benefits terminate on the last day of the Billing Period in which you cancelled your membership plan. If your membership plan includes delivery of physical goods, those goods may NOT be re-funded, whether for cash or credit. If goods are damaged or defective, they may be returned for replacement (if you desire) for up to thirty (30) days following receipt. Please contact memberships@audiomazes.com for assistance with such returns/replacements. Termination by Us Our business may change over time, and we reserve the right to cancel the Services and any membership plan in whole or in part, and to terminate your membership and use of the Service at our discretion without notice. If we do so, we will give you a prorated refund based on the number of days remaining in your membership unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms of Use, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms of Use will not constitute a waiver of any of our rights. Services & Content Restrictions You may not (i) transfer, copy or display AudioMazes Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any AudioMazes Content; (iii) remove any proprietary notices or labels on AudioMazes Content, including any copyright notices; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to AudioMazes Content or used as part of the Sites/Services; or (v) use the Sites/Services or AudioMazes Content for any commercial or illegal purpose. In addition, the following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites/Services, and you agree not to do any of the following: (i) using the Sites or Services for commercial purposes; (ii) conducting or promoting any illegal activities while using the Sites or Services; (iii) uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Sites, Services, or AudioMazes’ computer and/or telecommunication systems or data; (iv) interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites/Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Sites/Services; (v) modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other website or service any of our Sites, Services, or AudioMazes Content; (vi) engaging in the practices of “screen scraping,” “database scraping,” “data mining,” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Sites/Services or use web “bots” or similar data gathering or extraction methods for such purposes; (vii) attempting to reverse engineer or jeopardize the correct functioning of the Sites/Services, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites/Services. Attempting to gain access to secured portions of the Sites/Services; (viii) circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for AudioMazes to protect the AudioMazes Content, or our computer and/or telecommunications systems; (ix) mirroring or framing the Sites/Services, placing pop-up windows over its pages, or otherwise affecting the display of its pages; or (x) engaging in any other action in any way that is unlawful or harms AudioMazes. Furthermore, you shall not upload and/or otherwise use any User Content (defined below) which is in violation of the restrictions outlined in the User Content section below. We reserve the right to accept or refuse membership or to restrict use of the Services in our discretion. You may not transfer or assign your membership or any Services benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time. User Content "User Content" means any and all information and content that a user submits to, or uses with, the Sites (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not and will not: (i) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent messages of any kind; (ii) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (iii) contain a virus or other material of a destructive nature; and (iv) violate any law, statute, ordinance, or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising. Because you alone are responsible for your User Content, you may expose yourself to liability. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. You hereby grant (and you represent and warrant that you have the right to grant) us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and any name, username, or likeness provided in connection therewith in all media formats and channels now known or later developed without compensation to you, and to grant sublicenses of the foregoing rights. You also hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities. Your feedback is welcome and encouraged. If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. Intellectual Property Ownership The AudioMazes Content, the AudioMazes name and any trademarks, service marks, trade names, the names of any AudioMazes products and services and the related slogans or logos referenced on the Sites and/or Services, and any associated AudioMazes copyrights (“AudioMazes IP”) and names of third-party companies, products or services, trademarks, service marks, trade names, slogans, or logos referenced on the Sites and/or Services, and any associated third-party copyrights (“Third Party IP”) are proprietary to and owned by either AudioMazes, our licensors, or the respective third-party and are trademarks or copyrights (registered or otherwise) of AudioMazes, our licensors, or the respective third-party. Any rights not expressly granted herein are reserved. You retain ownership of User Content subject to the licenses you grant us with respect thereto outlined in the User Content section. Links to External Websites; Third Party Products & Services The Sites/Services may provide links to external websites (“External Sites”). We provide these links to External Sites for your convenience only. We do not control such External Sites; therefore, AudioMazes is not responsible for the content of any External Sites, or any link contained in a External Sites. Our inclusion of links to such External Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites/Services. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of External Sites. When you leave the Sites, you should be aware that our Terms of Use and our Privacy Policy do not apply to your use of External Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Sites to which you navigate from the Sites. Your use of and dealings with the owners or operators of these External Sites are at your own risk, and you agree not to make any claim against AudioMazes arising out of your use of these External Sites. We may run advertisements and promotions from third parties on the Sites/Services or may otherwise provide information about or links or referrals to third-party products or services on the Sites/Services (“Third-Party Products”). We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third-Party Products, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third-Party Products, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third-Party Products at your own risk. Your dealings or correspondence with, or participation in promotions of, such Third-Party Products, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third-Party Products that you find on or through the Sites/Services. Disclaimer THE SITES AND/OR SERVICES, INCLUDING AUDIOMAZES IP AND THIRD PARTY IP, AND ALL LINKS, INFORMATION, MATERIALS, SERVICES, AND/OR PRODUCTS PROVIDED ON OR THROUGH THE SITES AND/OR SERVICES (“SITE MATERIALS”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF SITE MATERIALS IS AT YOUR SOLE RISK. AUDIOMAZES AND ITS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES (“ASSOCIATED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO SITE MATERIALS. IN ADDITION, AUDIOMAZES AND THE ASSOCIATED PARTIES ARE NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES). AUDIOMAZES EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, AUDIOMAZES DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL AUDIOMAZES BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITES/SERVICES OR OTHERWISE PROVIDED BY OR ON BEHALF OF AUDIOMAZES. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIOMAZES OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AUDIOMAZES OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE/SERVICES EXCEED $50.00 USD. Indemnification To the fullest extent permitted by applicable law, you agree to indemnify and hold AudioMazes and the Associated Parties harmless from any claim or demand, including attorneys’ fees, arising out of your use of the Sites and/or the Services or your violation of our Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity (e.g., in your User Content). Copyright Infringement & DMCA Notices If you believe in good faith that either AudioMazes Content and/or User Content available on the Services infringe your copyright, you (or your agent) may send us a written notice that includes the following information: (i) a clear identification of the copyrighted work you claim was infringed; (ii) a clear identification of the material you claim is infringing on the Service, such as a link to the infringing material; (iii) your address, email address, and telephone number; (iv) a statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law”; (v) a statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and (vi) a signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages. You may send your notice by using the contact information below: DMCA AGENT [info] DMCA Designee - Matt Hinchey AudioMazes, LLC 400 Chesterfield Center, Suite 400, Chesterfield, MO 63017 Phone: 530-407-6702 Email: dmca@audiomazes.com Governing Law and Forum Selection Any dispute arising from your use of the Sites/Services will be governed by and construed and enforced in accordance with the laws of the State of Illinois, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Chicago, Illinois and you hereby consent to such jurisdiction. Agreement Changes We may, in our discretion, change the Terms of se and all elements of them and any aspect of the Sites/Services, without notice to you. If any change to the Terms of Use is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms of Use. Your continued use of the Service after we change the Terms of Use constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Sites/Services and must cancel your membership. AudioMazes Address If you have any questions about these Terms of Use, please contact us at memberships@audiomazes.com or by mailing us here: AudioMazes, LLC 400 Chesterfield Center, Suite 400, Chesterfield, MO 63017

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