Terms & Conditions of Use

1. Terms

By accessing this web site or application, you are agreeing to be bound by this web site or application's Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site or application are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Schematic Labs' web site or application for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Schematic Labs' web site or application;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Schematic Labs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Schematic Labs' web site or application are provided "as is". Schematic Labs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Schematic Labs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or application or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Schematic Labs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Schematic Labs' Internet site, even if Schematic Labs or a Schematic Labs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Schematic Labs' web site or application could include technical, typographical, or photographic errors. Schematic Labs does not warrant that any of the materials on its web site or application are accurate, complete, or current. Schematic Labs may make changes to the materials contained on its web site or application at any time without notice. Schematic Labs does not, however, make any commitment to update the materials.

6. Links

Schematic Labs has not reviewed all of the sites linked to its Internet web site or application and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Schematic Labs of the site. Use of any such linked web site or application is at the user's own risk.

7. Site Terms of Use Modifications

Schematic Labs may revise these terms of use for its web site or application at any time without notice. By using this web site or application you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Schematic Labs' web site or application shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Schematic Labs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the SoundTracking Service. Schematic Labs does not control all of the Content posted via the SoundTracking Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SoundTracking Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Schematic Labs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the SoundTracking Service.

You agree to not use the SoundTracking Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar (this includes nudity), obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Schematic Labs official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Schematic Labs Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the SoundTracking Service or servers or networks connected to the SoundTracking Service, or disobey any requirements, procedures, policies or regulations of networks connected to the SoundTracking Service, including using any device, software or routine to bypass our robot exclusion headers;
  10. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  11. "stalk" or otherwise harass another; and/or
  12. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

Reporting Copyright and Other IP Violations

  1. We respect other people's intellectual property rights, and expect you to do the same.
  2. To report claims of copyright violations by a user, please first read this FAQ item about how audio previews work on SoundTracking and then visit: Copyright Policy.
  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Gracenote® End User License Agreement

Portions of the content is copyright © of Gracenote or its providers.

This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”). The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.

You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.

The Gracenote service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.

The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time.

GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

© Gracenote, Inc. 2009

RDIO

This product uses the Rdio API but is not endorsed, certified or otherwise approved in any way by Rdio®.


Questions?

If you have any questions regarding our policies and terms please send an email to support@schematiclabs.com.