PLEASE READ CAREFULLY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ANTVIBES INC. and its affiliates (“Antvibes”)
STATING THE TERMS OF SERVICE THAT GOVERN YOUR USE OF THE ANTVIBES.COM WEBSITE
YOU CAN ACCEPT THE TERMS OF SERVICE BY CLICKING ON THE “ACCEPT” BUTTON AT THE END
OF THIS DOCUMENT. BEFORE YOU CLICK ON THE “ACCEPT” BUTTON,
CAREFULLY READ THE
TERMS OF SERVICE. BY CLICKING ON THE “ACCEPT” BUTTON OR OTHERWISE ACCESSING THE
Antvibes.COM WEBSITE, SERVICES, SOFTWARE OR MATERIALS (COLLECTIVELY THE “SERVICE”),
YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT,
AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO
NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT
CONTINUE THE REGISTRATION PROCESS OR USE THE SERVICE.
You represent and warrant that: (i) you have the capacity to enter into a legal agreement in the
province, state or country in which you reside; and (ii) your use of the Site and Service will not
violate any applicable law or regulation in the province, state or country in which you reside.
does not knowingly make the Service available to anyone under the age of 13 without
express parental consent. If you are under age 13, please do not attempt to register for the
Antvibes Service or provide any personal information about yourself to us without express
consent from a parent or guardian.
You may register one user account (the “Account”) per e?mail address supplied to Antvibes.
You may not share this account with anyone and are liable for all uses of the Account.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall
have no ownership or other proprietary interest in the Account and you further hereby
acknowledge that all rights in and to the Account are owned by
As between you and Antvibes, Antvibes owns all elements of the Account. Except as
specifically permitted and enabled within the Service, you may not transfer your Account, or any
component of your Recordings (as hereinafter defined) to any other person. Through the use of
the Service you may not impair or violate the rights of Antvibes or any other party with respect
to copyright, trade?marks, other intellectual property or rights.
3. REGISTRATION AND ACCESS
During the registration process prior to accessing the Service, you may be requested to provide
certain information, such as your full name, e?mail address, password, country or residence,
telephone number, birth date, and origin of last name and you agree to provide true, accurate
and current information and agree to you provide updates to Antvibes when appropriate. In
order to access certain features of the Service, you may be requested to provide additional
information. Antvibes will manage all such information in accordance with its then?current
registration process or attempt to access the Service. You agree that you will not allow others
to use your log?in information (which includes your e-mail address and password) to access your Account
and you are not authorized to share your log-in information with anyone else. You
must take all necessary steps to ensure that your log?in information is kept confidential, used
properly and not disclosed to any person. You must inform Antvibes immediately if you have
any reason to believe that your log?in information has become known to or used by any person
other than you. Antvibes reserves the right, in its sole discretion, to disable or change your login
information at any time and to deny you continued access to the Site and Service. In
accordance with section 9 hereof, you further hereby agree to indemnify and hold Antvibes, its
directors, officers, employees, affiliates, agents, contractors and licensors (“Antvibes Affiliates”)
harmless for any improper, unauthorized or illegal use of your log?in information and/or
4. USER RECORDINGS
As a condition to your use of the Service, you are required to submit certain user supplied
content, namely, voice recordings and/or other content (“Recordings”). You own all Recordings
you create for use in conjunction with the Antvibes Service and hereby grant to Antvibes a
perpetual, non?exclusive, transferable, assignable, sub?licensable (through multiple tiers), and
royalty?free, worldwide license to reproduce, display, perform, distribute, transmit and
otherwise use all Recordings, including but not limited to all copyright and all other intellectual
property rights in such Recordings now or in the future, in all contexts, formats and media (“IP
License”). In addition, you waive all moral rights you have in the Recordings to the fullest extent
permitted by law. This IP License terminates when you delete any such Recording or your user
account, unless your Recording has been shared with others, and they have not deleted it.
Antvibes retains the right to keep back?up copies of Recordings for archival purposes.
When posting, uploading or otherwise providing any Recording to the Site and/or through the
Service, you hereby represent and warrant, now and in the future, that: (i) you own or
otherwise control all necessary rights to so use the Recordings, and your grant of the above
license in the Recordings, and its use in connection with the Service, does not and will not
violate third?party rights of any kind, including without limitation any intellectual property
rights, rights of publicity and privacy; (ii) your Recordings are not illegal, abusive, deceptive,
pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate or
harmful to any person
(including any minor) or entity; (iii) your Recordings contain no viruses,
worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content
which may compromise the Service; (iv) your Recordings do not advocate illegal activity; (v) your
Recordings do not contain any content or material that is unlawful, infringes upon the rights of
any third party, including copyright, trade?mark or other personal or proprietary right, or
otherwise objectionable; (vi) your Recordings do not link to or otherwise promote any
prohibited content or activity. You hereby agree to indemnify and hold harmless Antvibes and
Antvibes Affiliates from any and all claims resulting from any Recordings that you supply.
In addition to the above, you acknowledge and agree that Antvibes may access, review, store,
reproduce and/or disclose, as applicable, any Recordings if required to do so, or if Antvibes has
a good faith belief that it is required, by law, court orders or other legal processes, to enforce
this Agreement, to respond to any claims that any such Recording (or your use of the same)
violates any third party’s rights, or to protect the rights, property or personal safety of
Antvibes, its business partners, licensors and/or licensees, Antvibes Affiliates, any other User,
or the general public.
Antvibes, in its sole discretion, has the right to monitor, modify and/or remove any Recordings
and/or other user supplied content. Antvibes neither endorses nor is responsible for the
accuracy or reliability of any Recordings and/or other user supplied content. You take
responsibility for Recordings made under your Account and posted, uploaded or otherwise
provided to Antvibes and use the Service at your own risk.
5. THIRD PARTY INFORMATION AND THIRD PARTY WEBSITES
The Site may provide information related to products and services which may include
information provided by a third party. The inclusion of any information or hyperlink does not
imply that Antvibes recommends or endorses any of the content including any news, opinions,
advice, statements and advertisements on any third party websites. Third party websites are
not under the control of Antvibes, and by accessing them, you do so at your own risk and
sites framed within the Site or any linked third party websites, and does not make any
representations regarding their content, accuracy or availability. Any transactions that take
place between you and a third party are directly with such third party, and Antvibes cannot be
held responsible for any loss or damage you may incur as a consequence thereof.
6. INTELLECTUAL PROPERTY – OWNERSHIP
You must have copyright ownership for all Recordings that you create for use in conjunction
with the Antvibes Service. You agree that the Site content and Service contain proprietary
information and material that is owned by Antvibes and/or its licensors, and is protected by
applicable intellectual property and other laws, including but not limited to copyright, trademark
and patent, and that you will not use such proprietary information or materials in any way
whatsoever except for use of the Site and Service in compliance with the terms of this
Agreement. No portion of the Site or Service may be reproduced in any form or by any means,
unless expressly permitted hereunder. You agree not to alter, modify, adapt, create derivative
works, translate, deface, decompile, disassemble, or reverse engineer any aspect of the Site or
7. WARRANTY DISCLAIMER
THE USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK. Antvibes ASSUMES NO
LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT OR YOUR USE OF THE SITE AND/OR
THE SITE AND SERVICE AND THE CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITH NO WARRANTIES OR CONDITIONS WHATSOEVER. Antvibes
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON?INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
WITHOUT LIMITING THE FOREGOING IN THIS SECTION, Antvibes MAKES NO REPRESENTATIONS
OR WARRANTIES THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS AND THAT
THE SITE AND/OR SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
VIRUS?FREE OR ERROR?FREE BASIS
UNDER NO CIRCUMSTANCES SHALL Antvibes BE LIABLE FOR ANY UNAUTHORIZED USE OF THE
SITE AND/OR SERVICE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL Antvibes BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR INDIRECT DAMAGES RESULTING FROM OR ARISING IN CONNECTION WITH THE
LIMITATION LOSS OF REVENUES, LOSS OF USE, THE INCAPACITY TO REACH ANY OBJECTIVE, OR
THE LOSS OF DATA OR OF COMPUTER TIME USE, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL
Antvibes BE LIABLE TO YOU OR ANY PERSON: (A) ON ACCOUNT OF YOUR OR THAT PERSON’S
USE OR MISUSE OF OR RELIANCE ON THE CONTENT OR OTHER MATERIALS ACCESSIBLE ON OR
VIA THE SITE; OR (B) FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OR IN CONNECTION
WITH THE FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, MODIFICATION, AMENDMENT OR
WITHDRAWAL OF THE SITE AND/OR SERVICE.
Antvibes WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY MAY
SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL,
PERSONAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR
IMPLICITLY AUTHORIZE Antvibes TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO
ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.
WITHOUT LIMITING THE FOREGOING IN THIS SECTION, THE LIMIT ON THE TOTAL CUMULATIVE
LIABILITY OF Antvibes TO YOU OR ANY OTHER PERSON, FOR ANY CLAIMS ARISING FROM OR
RELATING TO THE SITE, THE CONTENT OR THIS AGREEMENT, WILL NOT EXCEED $2.00
THE LIMITATIONS SPECIFIED ABOVE SHALL APPLY REGARDLESS OF THE CAUSES OR
CIRCUMSTANCES GIVING RISE TO THE CLAIM, EVEN IF SUCH CLAIM IS BASED ON BREACH OF
CONTRACT, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR THIS AGREEMENT.
By using the Site and/or Service, you agree to indemnify, defend and hold Antvibes and
Antvibes Affiliates harmless against any actions, claims, damages, demands, liabilities and
expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or
paid by any of them in respect of (i) any Recordings, information or other content you provide;
and (ii) your use or misuse of the Site and/or Service, including without limitation infringement
claims and any breach of this Agreement. Antvibes reserves the right to assume, at its sole
expense, the exclusive defence and control of any matter subject to indemnification by you, in
which event you will fully cooperate with Antvibes in asserting any available defences.
we collect and use the content and information generated by users of the Site. By accessing the
consent to the use of your personal information as described therein. A copy of the Privacy
Policy can be accessed at the following link: www.Antvibes.com/docs/privacypolicy.pdf
11. LINKING TO THE SITE AND OTHER PROHIBITED ACTIVITIES
Except as expressly agreed to in writing by Antvibes, any linking to the Site from another
website is strictly prohibited. You agree that you will not use, or permit anyone else to use, any
robot, scraper, spider or other automated devices or means to access or use the Site for any
purpose without the prior express written consent of Antvibes. You agree that you will not: (i)
interfere or attempt to interfere with the proper working of the Site; (ii) bypass any measures
used to prevent or restrict access to the Site; or (ii) take any action that imposes an
unreasonable or disproportionately large load on the infrastructure used to run and maintain
12. TERM AND TERMINATION
This Agreement will continue in effect for as long as you use the Site and Service, unless
specifically terminated earlier by Antvibes or you. You may terminate this Agreement by
instructing Antvibes to disable your Account. Upon the termination of this Agreement, you will
stop using the Site and Service.
13. VIOLATIONS OF THIS AGREEMENT
Should you violate these terms and conditions or any other rights of Antvibes, Antvibes
reserves the right to pursue any and all legal and equitable remedies against you, including,
without limitation, restricting, suspending or terminating your access to all or any part of the
Site and/or Service.
Antvibes reserves the right, in its sole discretion, to change, modify or otherwise alter this
Agreement from time to time, for any reason. When such changes occur Antvibes will post the
updated version of the Agreement on the Site together with the date on which it was revised.
Such changes shall become effective immediately upon posting. Please review the terms and
conditions periodically. If you do not agree to be bound by (or cannot comply with) the
Agreement as amended, your only remedy is to cancel your Antvibes Account and to cease
using the Service. You will be deemed to have accepted the Agreement as amended thirty (30)
days after the amended agreement is posted if you continue to use the Service. All other terms
of this Agreement will continue in effect.
15. GOVERNING LAW
The Site is controlled by Antvibes. By accessing the Site, you agree that any legal matter that
may arise relating to or in connection with your use of the Site, the Service or this Agreement
shall be governed by the laws of the Province of Ontario and the federal laws of Canada
applicable therein, without reference to conflict of laws principles. You agree to attorn to the
jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings
under, or related to, this Agreement or your use of the Site.
16. COPYRIGHT INFRINGEMENT
Unauthorized copying or distribution of copyrighted materials is an infringement of the
copyright holder’s rights. If you are a copyright holder who believes that Antvibes’ Service is
hosting or linking to infringing copies of your work, please advise and provide us with the
following required information:
i. A physical or electronic signature of the copyright owner (or person authorized to act
on behalf of the owner);
ii. Specific identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works are covered by a single notification, a list of each
copyrighted work claimed to have been infringed;
iii. Information related to the work(s) reasonably sufficient for Antvibes to promptly
locate the work;
iv. Information reasonably sufficient to permit Antvibes to directly contact the
complaining party, such as a complete name and address, telephone number, and an
v. A statement that the complaining party has a good faith belief that use of the work(s)
in the manner complained of is not authorized by the copyright owner, its agent, or the
vi. A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
This Agreement (as amended from time to time), and any other legal notices on the Site,
constitute the entire agreement between you and Antvibes with respect to the use of the Site
and the Service.
If a court of competent jurisdiction deems any provision of this Agreement unenforceable, that
provision will be enforced to the maximum extent permissible, and the remaining provisions will
remain in full force and effect.
Antvibes may assign this Agreement, in whole, or in part, at any time, with or without notice to
you. You may not assign your rights or delegate your duties under this Agreement, either in
whole or in part, without the prior written consent of Antvibes.
The division of this Agreement into sections and the insertion of headings are for convenience of
reference only and shall not affect the construction or interpretation of this Agreement.
You agree to waive any right you may have to a trial by jury, or commence or participate in any
class action against Antvibes related to the Site, the Service or the Agreement.
This Agreement will enure to the benefit of and be binding upon the parties to this Agreement
and their respective successors, heirs and permitted assigns.
No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any
other provision nor shall such waiver constitute a continuing waiver unless otherwise expressly
The parties confirm that it is their wish that this Agreement as well as all other documents
relating to this Agreement, including notices, be drawn up in English only.
No provision of this Agreement will be interpreted against any party merely because that party
or its legal representative drafted the provision.
Those sections which by their nature should survive the termination of this Agreement will
survive termination, including but not limited to the following sections: 3, 4, 6, 7, 8, 9, 12, 13, 14,
15 and 17.
18. CONTACT INFORMATION
If you have any questions regarding this Agreement, please contact us at info@Antvibes.com
Effective Date: March 14, 2011
At Antvibes INC. (“Antvibes”), we are dedicated to providing you with a safe and secure user
experience while protecting your privacy and safeguarding your personal information.
confidentiality, accuracy and security of your personal information. The principles contained
herein relate to the collection, use, disclosure, accuracy and retention of personal information in
the care and control of Antvibes.
Personal information is any information about you that is personally identifiable to you,
including your name, address, e-mail address, telephone number, age, gender as well as other
non?public information associated with the foregoing (collectively, the “Information”).
This site does not collect any Information about individuals except when specifically and
knowingly provided by such individuals. By submitting Information to Antvibes, such as by
processing of your Information in accordance with this Policy.
USE OF INFORMATION BY Antvibes
We may use Information for our own internal purposes, including, but not limited to, processing
your registration, providing you with information and contacting you via phone or e-mail. We
reserve the right to disclose Information where such disclosure is required by law, considered
necessary to prevent or investigate an apparent breach of law, and/or in any other instance
where the applicable privacy or other legislation permits such disclosure.
We may disclose Information to third parties, including, but not limited to customer service
agencies research and analysis purposes so that we can monitor and improve the services we
provide. We may also disclose Information to carefully selected third parties whose products or
services we believe may be of interest to you. If you do not wish us to disclose your Information
in this way, please un?tick this option on the Account Settings page.
As we are committed to protecting the security of your Information, we employ a number of
security information technologies and procedures designed to help protect your Information
from unauthorized access, use and/or disclosure. We will retain your Information for a
reasonable period or as long as the law requires. While we endeavour to limit access to your
Information, we are not responsible for the retention or use of Information obtained by other
third parties who have gained access to our database.
We use “cookies” to facilitate your online experience. A “cookie” is a text file that is placed on
your hard drive by a web page server. Cookie technology is widely used on the Internet and we
each visit to our site more effective and secure. Cookies cannot be used to run programs or
deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by
a web server in the domain that issued the cookie to you. One of the primary purposes of
personal information about you.
LINKS TO OTHER SITES
We are not responsible for the privacy practices or content of any website to which Antvibes
links, nor any site linked to Antvibes. By clicking on a link, logo or other item on the Antvibes
site, you may be directed to another website. To check your Internet location at any time,
please refer to the URL displayed on your browser.
Antvibes site after such time will signify your acceptance of such amendment.
contact us at info@Antvibes.com
Effective Date: March 14, 2011