Last updated: April 10th, 2020
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Aria mobile application (the "Service") operated by Benchmarkless, OÜ ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our Aria mobile application (the "Service").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Who can use the Services
No-one under 13 is allowed to create an account or use the Services.
Our Service allows you to post, link, store, share and otherwise make available certain information, audio, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
"Aria Pro" subscriptions
Aria Pro subscriptions are charged monthly or annually to your iTunes Account after your one month trial ends. Subscriptions will then auto-renew every month or year unless turned off at least 24 hours before the end of the current period. To stop auto-renewal, visit Account Settings in iTunes after purchase. Any unused portion of a free trial, if offered, will be forfeited when you purchase a subscription, if applicable.
Aria is providing music tracks as part of a sublicensing agreement. The sublicensee’s rights are limited to use within the scope of the licensee’s project and cannot exceed those licensed hereunder. This license DOES NOT INCLUDE the right to sublicense the Recording to be used by a third party in a TV broadcast, commercial film, television advertisement, radio advertisement, in-theater advertisement, or for video on demand (VOD) or any DVD, CD or video game (including any paid iPhone/iPad game or application) sold to the general public if more than 1,000 copies are produced and/or downloaded.
Respecting other people’s rights
Benchmarkless, OÜ respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right;
bullies, harasses or intimidates;
spams or solicits our users.
You must also respect the rights of Benchmarkless, OÜ These Terms do not grant you any right to do any of the following (or enable anyone else do so):
use branding, logos, designs, photographs, videos or any other materials used in our Services;
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any portion of the Services or the content on the Services except as authorised in these Terms;
use the Services, any tools provided by the Services or any content on the Services for any commercial purposes without our consent.
We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other users' information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.
You will not use or attempt to use another user’s account, username or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains or links to pornography, graphic violence, threats, hate speech or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorised to access.
You will not probe, scan or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. Never put yourself or others in harm’s way just to capture a video.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Benchmarkless, OÜ and its licensors. The Service is protected by copyright, trademark, and other laws of both the France and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Benchmarkless, OÜ.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Benchmarkless, OÜ.
Benchmarkless, OÜ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Benchmarkless, OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Benchmarkless, OÜ, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Benchmarkless, OÜ its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.