Terms & Conditions

Welcome to the Origaudio® website at origaudio.shop (the “Site”). This Site is operated by Origaudio LLC (“Origaudio”). By accessing or using this Site, you are indicating your agreement to be bound by these Terms & Conditions.

1. Intellectual Property

The content on the Site, including without limitation the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions (defined below), and any other content (collectively, the “Content”), is protected by copyright under both United States and foreign laws. Origaudio and/or its licensors own the intellectual property rights in the compilation, coordination, arrangement, and enhancement of the Content, as well as in the Content original to it. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly granted to you in writing, Origaudio does not grant you any other express or implied right or license to the Site, or to any Content or its intellectual property rights.

2. Trademarks

The trademarks, service marks, trade names, trade dress, product names and logos (the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Origaudio and others. Nothing on the Site should be construed as granting any right or license to use any Trademarks without the express written permission of Origaudio or the third party that may own the Trademark. Your unauthorized use of the Trademarks is strictly prohibited.

3. User Submissions

The Site may permit you to submit content to it, including photos, videos, comments, and other content (collectively, “User Submissions”). User Submissions are subject to the following rules:

You represent and warrant that you own or control all rights in and to your User Submissions and have the right to grant the rights to Origaudio that you grant hereunder.
You represent and warrant that your User Submissions do not violate any law or infringe upon the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity.
You grant Origaudio and its affiliated companies a worldwide, non-exclusive, sublicensable, transferable, fully paid-up, royalty-free and perpetual license to use, modify, publicly perform, publicly display, reproduce and distribute your User Submissions in any and all media now known or hereafter devised.
Origaudio and its affiliated companies may exercise the rights granted to your User Submissions without any compensation, notice or attribution to you.
You agree that you, not Origaudio, are solely responsible for your User Submissions and the consequences of submitting or publishing them. Origaudio is acting only as a passive channel for your online posting of your User Submissions and has no obligation to, but may in its sole discretion, prescreen, monitor, edit, refuse to accept, or remove any or all User Submissions that come to the Site.

4. Rules of Conduct

You agree not to use the Site to:

Violate any law, statute, regulation, or ordinance.
Infringe the intellectual property, privacy, publicity or other legal rights of others.
Interfere with or disrupt the operation of the Site, or the servers or networks used to make the Site available; or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks.
Use the Site to instigate or encourage others to commit illegal activities or violate these Terms & Conditions.
Gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Use any device, software or process to interfere or attempt to interfere with the proper functioning of the Site or any transaction conducted on the Site.
Post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy or right of publicity, tortious, obscene, vulgar or pornographic, hateful, or racially, ethnically or otherwise objectionable.
Impersonate any person or entity, misrepresent your affiliation with any person or entity, or use a false identity.
Post or transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability.
Post or transmit any content that contains destructive content, including software viruses, malware, Trojan horses, worms, time bombs or any other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Post, list, upload, transmit, share, store or otherwise make publicly available on the Site any private, personally identifiable information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Post or transmit any advertising, marketing, promotional materials, spam, solicitations, chain letters, pyramid schemes or investment opportunities or schemes.
Post false or misleading information, impersonate another person, misrepresent your affiliation, misrepresent the source or identity of any content, or falsely imply that the Site or Origaudio endorses or is affiliated with any third party product, person or viewpoint.
Use the Site for any illegal or unauthorized purpose, commercial purpose or other purpose prohibited by these Terms & Conditions.

5. Links to Third Party Websites

The Site may provide links to websites operated by other parties for your convenience. Accessing those third party sites requires you to leave the Site. Origaudio does not control those third party websites and is not responsible for their content, policies, or practices. Origaudio does not endorse those third party websites. Use of third party websites is at your own risk.

6. Assumption of Risk

You assume all risk when using the Site and the internet generally. Origaudio has no liability for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site or your downloading of any information or materials from the Site. This includes any harm caused by viruses, worms, trojan horses, malware, spyware or anything else designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment.

7. Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORIGAUDIO MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION GIVEN BY ORIGAUDIO OR ITS REPRESENTATIVES SHALL CREATE ANY REPRESENTATION OR WARRANTY. ANY MATERIAL OR DATA OBTAINED OR DOWNLOADED FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA FROM THE SITE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ORIGAUDIO BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, 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, LOSS OF OTHER INTANGIBLE LOSSES, AND ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION. THE FOREGOING SHALL APPLY EVEN IF ORIGAUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF ORIGAUDIO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION UNDER ANY LEGAL THEORY WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

9. Indemnity

You agree to defend, indemnify and hold harmless Origaudio and its affiliates from any liability, loss, claim, judgment, damage, cost or expense (including reasonable attorneys’ fees) that arises from or relates to your use or misuse of the Site, violation of these Terms & Conditions, or infringement of any intellectual property or other right of any person or entity, or any User Submissions that you post or share on the Site. Origaudio will provide notice to you of any such claim, suit or action. Origaudio reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you.

10. Violations

Origaudio reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions. This may include removing or disabling access to User Submissions, suspending or terminating the user accounts of any Users who commit violations, reporting violators to law enforcement authorities, and suing violators for damages or other relief.

11. Termination

Origaudio may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. Origaudio may also terminate these Terms & Conditions, or suspend your access to or use of all or part of the Site, at any time for any reason. The following provisions will survive termination: Sections 1, 2, 5, 6, 7, 8, 9, 11, 12, 13, 14 and 15.

12. Copyright Policy

It is Origaudio’s policy to respond to clear notices of alleged copyright infringement. Our copyright procedures are set forth in the DMCA Copyright Policy section of the Site. If you believe your copyright rights have been infringed on the Site, please provide a written notice to our Copyright Agent that includes the following information:

A description of the copyrighted work that is the subject of claimed infringement.
A description of the location of the claimed infringing materials on the Site.
Your contact information, including address, telephone number and e-mail address.
A statement that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site is:

After receiving a claim of infringement, we will process and investigate notices in accordance with the DMCA and our policies.

13. Governing Law and Jurisdiction

These Terms & Conditions and any dispute or claim arising out of or related to these Terms & Conditions, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Waiver and Severability

No waiver by Origaudio of any term or condition set forth 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 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 of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible so that the remaining provisions of the Terms of Use will continue in full force and effect.

15. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Origaudio regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site.

16. Contact Us

If you have any questions or concerns regarding these Terms & Conditions, please contact us at:

Origaudio LLC
1234 Main Street
Nashville, TN 37201
[email protected]