PLAY MY AUDIO TERMS AND CONDITIONS Last modified November 18th 2022
INTRODUCTION
So welcome to the Play my audio the mobile app platform that’s available in the Apple and Android app store. And yes, Play my audio is a social media platform that you can upload your own audio content and also enjoy other people’s audio content from all around the world. That with over time you can grow and grow your own profile account and become more and more well known, and may even make you famous with accumulating many followers everyday of new subscribers to your profile account enjoying playing your audio content all going on 24/7 meanwhile as your going about your day. If you like, you have the option to attract your followers to whatever you wish, as long as it meets the rules of Play my audio’s Terms and Conditions and Privacy Policy. You and other profiles have the option to promote sponsors during your audio content and to do “shout outs.” That’s the opportunity to promote others in which they may pay you to do so. Other ways to promote something in your content can be incorporated into your thumbnail photo image, or to have a stunning thumbnail photo image to gain attention in encouraging others to play your audio content, or used to describe what you content is all about in more depth. You have the option to add in URL Links into the description section of your content, added into your About section of your profile account, and add into the comment sections. URL Links can give you the ability to send traffic of the many users that use the Play my audio platform through to yourself, or to other people’s products, to websites, business webpages, courses, click funnels, blog posts, to social media accounts such as YouTube channels, Instagram pages, Facebook pages, TicTok accounts, and Twitter accounts. Furthermore to, email addresses, merchandise, books, eBooks, audiobooks, promotions, charities, donations, fundraisers, seminars, events surveys, sponsors, endorsements, contact phone numbers, business locations, to affiliate link platforms such as Click Bank and Amazon affiliates programs, and so on. A good idea to get the most from your time and hard work put into creating your social media content, is by simply uploading a section of the same piece of content onto many different social media platforms, such as Facebook, Instagram, YouTube, TicTok, Twitter, snapchat, Twitch and of course Play my audio to gain the most leverage from your hard work!
Justin Allen is the founder of Play my audio and he really hopes that you really enjoy and fall in love with using the platform each day while you’re multitasking going about your busy day. “Life is too short to be bored. It’s all about having a good time.” So Live your life to Max and Relax and Enjoy listening, and engaging with the Play my audio mobile app platform.
If you like to, you can checkout Justin Allen's latest self-development book called; "The Treasure Map Checklist." That's available in eBook, paperback and audiobook versions from Amazon, Kindle, Audible and all leading distributors.
TERMS AND CONDITIONS These Terms of Service (“terms” “conditions” “agreement” “privacy policy”) constitute a binding agreement between you (“yourself” “user” “you” “your” “profile” “account” “community”) and Play my audio (“we” “us” “our” “Play my audio” “platform” “mobile” “app” “application” “service”).
Play my audio is a registered business located in Victoria, Australia. (ABN) - Australia Business Number: 47955738142. The CEO and founder of Play my audio is: Justin Paul Allen. When using the Play my audio services, you will be subject to Play my audio’s community guidelines and rules, and by accessing and continuing to access the Play my audio platform that means you have read and understood this Agreement, and agree to be bound by it’s Terms and Conditions and Privacy Policy. Acknowledge that by using the Play my audio services, that you are entering into a legally binding agreement between you and Play my audio in regarding your use of the Play my audio services. These Terms may be amended or changed by us in our discretion as provided herein at any time. If so the last modified date will be displayed at the very top of the Terms and Conditions and Privacy Policy. Your continued access to the Play my audio platform will be deemed the acceptance of such changes. We reserve the right to modify or cease providing all or any portion of the Services at any time, with or without notice. We encourage you to contact an attorney of your own choosing and at your own expense in the event that you do not understand any of the terms in this Agreement. If you do not agree with anything contained in this Agreement then please cease and desist from using the platform immediately.
GOVERNING LAW
All arising claims or claims relating to these Terms and Conditions and Privacy Policy will be governed by the Australian, Victorian, Melbourne law. Except Melbourne’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Melbourne Australia. You and Play my audio consent to personal jurisdiction in those courts for any breaches of the law.
BUSINESS USE
If you are using the service on behalf of a company or organisation you represent that you have authority to act on behalf of that entity, and that such entity accepts to this agreement.
CONTENT ON PLAY MY AUDIO
The content on our platform includes, audio files, graphics, thumbnails photos, text in thumbnail photos, branding, trademarks, service marks, logos, texts, comments, interactive features, software, metrics, URL links, and other materials whether provided by you, Play my audio or a third party (“Collectively” “Content”). Content is the responsibility of the person or entity that provides it to the Service. You are solely responsible for your user content that you upload and display onto the Play my audio platform, and therefore you are responsible for all associated consequences in posting or publishing it onto the platform if it breaches the law, or our Terms and Conditions. If you see or listen to any content you believe does not comply with this Agreement or the law you can report it to Play my audio.
Email: playmyaudio@gmail.com
RATED R18+ CONTENT ON PLAY MY AUDIO Play my audio platform is for 18 year old users or older, because the content on the Play my audio platform is allowed to contain adult content. The platform may contain course language in the audio content, course language displayed in text writing throughout the platform, and sexual audio content. However Play my audio does not permit anything that is considered illegal, or against the law to be up uploaded onto the platform, or any type of content that is considered very highly offensive, or in breach of any of Play my audio Terms and Conditions. Due to the App store rules nudity is not allowed to be uploaded onto the platform in your thumbnails photos and profile photos. In spite of that we do allow partial nudity, such as wearing bikini outfits, wearing underwear, or light clothing. Any reported content found in breach of this, may be at risk of resulting a strike against their profile’s account and being informed and the infringing content being removed.
UNDER 18 YEARS OLD USERS
To access the Play my audio platform you have to declare initially in the beginning that you are 18 years old or older to proceed in accessing the platform. If you are under the age of 18 years old and would like to access the platform, you are then required to gain permission from your parent or guardian to enable you to use the platform. You may only use the Play my audio services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. To arrange for them to read the Terms and Conditions and Privacy Policy, and then for them to grant you permission to use the platform and for them to do the sign up process on your behalf, for your parent or guardian to inputs their own personal information such as for example:
1) Email address details.
2) Email verification password.
3) Create a login password.
4) DOB: Date Of Birth.
5) Select the confirmation box: I am 18 years old or older.
6) Select the confirmation box: I have read and agree to the Terms and Conditions and Privacy Policy.
7) Provide and approve the use of your payment details when prompted. (Example: Monthly subscription fees)
We may also require further personal information if required for copyright infringements or violations breaches of our Terms and Conditions from the parent or guardian in the future via email communication. To then be able to access the platform, otherwise under 18 year old users are not permitted to use the platform. Upon accessing the platform a user has to declare their age and that they agree with the Terms and Conditions and Privacy Policy, therefore Play my audio takes no legal liability for a user that are under the age of 18 years old that accesses and continues to access the platform without having permission from their parent or guardian. If required to so by law enforcers, that we reserve the right to delete a prohibited profile's account that is under the age of 18 at any time if required to do so. If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the Terms and Conditions and Privacy Policy, and you’re therefore responsible for your child’s activity on the Service.
FAILURE TO REPOND
If any user of the platform fails to respond to contact made by us in regarding to breaches of our Terms and Conditions, Privacy Policy, of violation breaches emails contact made by us and sent to you, then after a 7 day period of not receiving any response will be deemed as agreeing that you are not willing to dispute the claim of any breach or breaches of our Terms and Conditions and Privacy Policy.
COPYRIGHT INFRINGEMENTS
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under the Australian law. If a copyright owner or agent authorised to act on the owner’s behalf submits a valid an email copyright infringement to Play my audio (Playmyaudio@gmail.com). We will take down that audio file and associated content as soon as it’s been verified, and then as soon as possible that the content will be taken down from the platform. The profile that did not have permission to use their content will be contacted via email and will receive a strike against their account. If a profile's account receives 3 strikes within a 90 day period their profile account will be terminated and deleted. In extreme cases may be banned from accessing the platform therefore after for reasons such as: found in breach of uploaded copyrighted content and then for it to be taken down by us and then for you to repeating to upload that copyrighted content repeatedly again and again without permission from the content owner.
PLAY MY AUDIO STRIKE POLICY
Play my audio will terminate an account holder’s access to the platform service if that user is determined by Play my audio to be a repeat infringer of copyrighted works or in breaching of our Terms and Conditions. A user considered a repeat infringer if they accrue three strikes within a 90 day period.
FIRST STRIKE The result of being issued the 1st strike will result in the flagged content being removed and receive a notification email.
SECOND STRIKE The result of being issued the 2nd strike within a 90 day period will result in flagged content being removed, and receiving a notification email with being issue a final warning.
THIRD STRIKE The 3rd strike been issued within a 90 day period to a profile account will result in the termination of that profile account and receiving a email termination notification email.
COUNTER NOTIFICATION If you believe that you were given a strike incorrectly you can submit a copyright counter notification email to Play my audio. You can also contact the party that requested to remove your Content to request them to retract their takedown decision. Keep in mind that there may be several legal consequences for submitting a counter notification with false information.
Email: playmyaudio@gmail.com
COMMUNITY GUIDELINE VIOLATIONS
Note that strikes to your profile account can be also be given for other reasons other than copyright infringements, such as for breaches of our Terms and Conditions and Privacy Policy. If you are found in breach of the Play my audio Community Guidelines, that your profile account may receive a strike against their account. Breaches that have been found by Play my audio, or that have been reported by users of the platform, or reported the Play my audio email address. That it may result in being issued a strike and the content being removed without permission from the uploader of that content.
Examples of breaches of the Play my audio Community Guidelines:
1) Causing fights via the comment section of the platform of inappropriate behaviour or anything that’s considered very highly offensive to other people, or to other users of the platform. Such as: Harassment, bullying, putting others down severely, racism, threats, insults, hate speech, arguments, depicting an identifiable individual being murder or implying serious injury to them or engaged in a graphic sexual act without their consent.
2) Encouraging violence or physical harm to themselves or other people.
3) Inputting illegal links on to platform.
4) Uploading a thumbnail photo that is against the law, such as child pornography.
5) Uploading any content that is against the law.
6) A profile accounts that is dedicated entirely to focusing on malicious insults towards an identifiable individual on false claims.
7) A profile account that is all about content dedicated to terrorism or encouraging to build an illegal organisation about undergoing in illegal activities.
8) Spam and scams.
9) Deceptive practices in software hacking.
FAIR DEALING OR FAIR USE OF CONTENT MEANS
The Australian law sets out a series of clear exceptions to copyright infringement know as “fair dealing” and may also be know as “fair use” in other countries. Fair dealing and Fair Use is a law that allows the reuse of copyright protected material under certain circumstances without getting permission from the copyright owner. However, Fair dealing and Fair Use is determined on a case by case basis, and different countries have different rules about when it’s okay to use material without the copyright owner’s permission.
INFORMATION ABOUT FAIR DEALING AND FAIR USE
“Fair dealing“ website information.
Link: https://www.alrc.gov.au/publication/copyright-and-the-digital-economy-ip-42/fair-dealing-exceptions/
“Fair use” website information.
Link: https://www.copyright.gov/title17/92chap1.html#107 107. Limitations on exclusive rights: Fair use41
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
CREATIVE COMMONS LICENCE
Creative Commons Attribution License (reuse allowed) allows the content creator to retain the copyright to their content whilst still allowing others to copy and distribute and make use of their work. The Creative Commons License ensures creators to get recognition and credited for the work they produce by their name being displayed in the credits of their reused content.
1) Upon uploading content onto the Play my audio platform you will be prompted to choose whether for your content to be copyright or Creative Commons.
2) In the description section of your audio’s content, it’s up to you to decide whether to add any further requirements about the reuse of your work for example: to request that they must add your credits in the contents description, a link to your profile account main Page, your website, etc.
3) Note that only the original content creator, or gaining permission from the content owner has the right to claim whether the content to be made available as Creative Commons and to select that option. A strike may be given by Play my audio to someone for breaching this rule if it has been reported by the owner of the content.
BENEFITS OF DECIDING TO MAKE YOUR CONTENT CREATIVE COMMONS
1) Everyone will gain the ability to reuse your content and that sure can be used to help increase the amount of people that will engage with the content, and therefore increase the likelihood of accelerating your fame level, and popularity on one or even many different platforms, and especially if your work is considered to be reasonably good and with providing amusement or enjoyment.
2) Creative Commons provides global recognition in an increasing amount of digital content sites, such as Flickr, Vimeo YouTube, Play my audio. They all allow contributors to apply Creative Commons during the upload process. These generic licenses and jurisdiction tailored licenses are applicable internationally.
3) Creative Commons licenses are easy to understand and makes it easy to maintain their copyright over their work while allowing others to legally share and reuse that content.
4) In the description section of your Creative Commons Content you can decide on your own terms of the rules for other people to proceed in reusing your content.
5) A way of recycling content: for example reusing two or more pieces of Creative Commons materials being edited together, used for background audio, music, sounds, or to make snippets from, or the option to add in and mix your own content in as well.
COPYRIGHTED CONTENT
In many countries, when a person creates an original work that is fixed in a physical medium, they then automatically own the copyright to the work, unless they choose to make it Creative Commons, in which then they choose to give permission for the content to be reused by someone else. Only the copyright owner can state whether someone else has permission to use that content, or someone else they have authorised and been given permission to do so. All content creators on Play my audio should only upload audio content that they have made themselves, or have been authorised to use. That means that they should not upload audio content that they didn’t make, or use content in their audio content that someone else owns the copyright to, such as music tracks, snippets of copyrighted programme, or audio content made by other users without the necessary authorisations. Or risk the owner of the content to impose a copyright infringement to your account and to receive all associated consequences.
YOU ARE LIABLE FOR COPYRIGHT VIOLATIONS Play my audio takes no liability for it’s platform users that upload copyright content that they don’t have the legal rights to do so. However submitting a copyright notification to Play my audio, once verified we will take the content down from the platform as soon as possible. Play my audio has the right to pass on personal information from the account of the uploaders profile account that uploaded the copyright content without permission from them, on to the owner of the content in which if they wish to decide to matters further and to take legal action against that profile account in a court of law, or requested by them to acquire their personal information. You are legally responsible for the content you submit onto the Play my audio platform. We may use an automated systems that analyse your content to help detect infringing content before being uploaded onto the Play my audio platform. Play my audio does not have the authority or ability to make legal judgements regarding allegations of copyright infringement. It is our policy to follow statutes and court rulings regarding uses of our services and conduct of our account holders. The copyright law, and similar laws require that Play my audio act as a “go-between,” processing notifications of claimed infringement from rights holders and counter-notifications from account holders and notifying the impacted parties. It’s the responsibility of the rights holder and the account holder to resolve the dispute.
SUBMITTING A COPYRIGHT INFRINGEMENT TO PLAY MY AUDIO
Before making a copyright infringement to Play my audio, please check whether your content fails into: “fair dealing” or “fair use, or Creative Commons. And not compulsory, but we recommend for you to firstly make friendly contact to whoever the person is that uploaded the content to take it down, or to come to a fair agreement with you in timely manner. Once then if you still require your copyrighted content to be removed then to contact Play my audio via email.
EMAILING PLAY MY AUDIO CONCENT
By emailing Play my audio then you authorise in giving consent to us in sharing your personal information to Play my audio and if necessary to the content owner, or owners or attorneys, or lawyers.
LIST OF DETAILS TO PROVIDE FOR A COPYRIGHT INFRINGEMENT
1) Only the authorised person must submit the copyright infringement, or an agent authorised to act on their behalf, such as attorney, parent or guardian.
2) Your full name.
3) Your email address.
4) Your physical address.
5) Your mobile phone number.
6) Profile account name that uploaded the copyright content.
7) Date and time of the infringing content was uploaded onto the Play my audio platform.
8) Identify the correct content: describe where it can or could be found. Examples: URL link, title name, profile account name, screen shots, etc.
9) Timestamp location in the content if applicable.
10) List who owns the content with evidence.
11) If you’ve used someone else’s copyrighted work provide evidence of a license or permission to use that content.
All copyrighted content deemed to be proven to be unauthorised will be removed from the Play my audio platform as soon as possible. All notification emails will be placed in a queue and will be dealt with as soon as we are available to do so. If you have not received a response after 7 days, please send through another notification request letter email and disclose in the email of your failed response details. (Please note in your email of a failed response)
SUBMITTING A COPYRIGHT COUNTER NOTIFICATION
A copyright counter notification is a request for Play my audio to reinstate an audio file that was taken down for an alleged copyright infringement from the Play my audio platform. If you believe your audio content was taken down by Play my audio in error, you can submit a copyright counter notification to our email address. Note that uploading content once again that was taken down for breaching our Terms and Conditions may result in receiving another strike against your account and to submit a copyright counter notification to Play my audio to gain permission in doing so.
Email: playmyaudio@gmail.com
LIST OF DETAILS TO PROVIDE AND INFORMATION TO ACKNOWLEDGE
1) Only submit a counter notification if your audio was taken down due to a mistake or misidentification of content, including cases of fair use. Don’t submit counter notifications for any other reasons.
2) Only the authorised person must submit the counter notification, or an agent authorised to act on their behalf, such as attorney, or parent or guardian.
3) Your full name.
4) Your email address.
5) Your physical address.
6) Your mobile phone number.
7) The profile's account name that uploaded the copyright content.
8) List who owns the content with evidence.
9) If you’ve used someone else’s copyrighted work provide evidence of a license or permission to use that content. Such as providing evidence of being in the public domain, or evidence of being Creative Commons Content.
10) Date and time of the infringing content was uploaded onto the Play my audio platform.
11) Identify the correct content: describe where it can or could be found. Examples: URL link, title name, profile account name, screen shots, etc.
12) Timestamp location in the content if applicable.
If your audio doesn’t fit the criteria above, you can wait 90 days for your copyright strike to expire. You can also reach out to the copyright owner directly yourself to request they retract their claim of copyright infringement. If your account has been terminated by us or by yourself, you will still be required to provide evidence of the relevant content. Such as screen shots or photos or strong proof of all the necessary relevant information to be provided to us. Your notification email request must meet all legal requirements, and clearly explain your right to use the copyrighted content in your own words. If you think the content was identified as a mistake, explain why in a clear concise manner. Your counter notification will be forwarded to the claimant if it meets all legal requirements and clearly explains your right to use the content. Under most circumstances we won’t forward the counter notification to any party other than the original claimant. If the counter notification is forwarded, it will include the full text, including any personal information you’ve entered. The claimant has 10 business days, as required by the copyright law to reply to your counter notification. They’ll need to respond with evidence that they’ve taken legal action to keep the content from being restored onto the Play my audio platform.
SELF REMOVAL OF YOUR CONTENT
If you would like to delete your content or edit your contents, the Play my audio platform offers the option to delete or to edit your content yourself.
EXTERNAL URL LINKS PLACED ON PLAY MY AUDIO RULES
The Play my audio platform allows users to place purple text links throughout the platform to encourage traffic of users the option to checkout websites, social media accounts, affiliate links and so on as stated in the beginning of these Terms and Conditions. However, we do not allow illegal URL links placed on the platform and if reported to Play my audio it may result in being removed and receiving a strike against their account. In extreme cases may be reported to law enforcement officials. The Play my audio platform may contain links to third-party websites and online services that are not owned, controlled or been uploaded by Play my audio throughout the platform and been uploaded by other users. We therefore have no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the Terms and Conditions and Privacy Policy of each third-party website or online service that you visit.
The following examples are of URL links that are not permitted on the Play my audio platform and may result in a strike against your profile account.
1) Links to websites or apps that install malware.
2) Links to websites or apps phishing for user’s login credentials, financial information, etc.
3) Links that hacks or damages user’s software.
4) Links to websites, apps or other information technology that gives free access to audio content, video content, audio-visual content, full video games, software, or streaming services that normally require payment.
5) Links to websites that seek to raise funds or recruit for terrorist organizations.
6) Links to sites containing Child Sexual Abuse Imagery (CSA).
7) Links to the sales of illegal goods or services policies. Examples of illegal sales: Alcohol sales to under-age, sales of drugs, illegal information, explosives, firearms, weapons or accessories, organs, endangered species, online illegal gambling sites, scams, unlicensed medical services, smuggling of illegal goods, pharmaceuticals without a prescription and anything considered illegal.
CONTENT WARRANTIES
The Play my audio platform takes no responsibility for the content uploaded and displayed by users throughout the platform on whether the information is correct or incorrect, true or false. We recommend seeking advice from a qualified experienced professional before considering in taking any information or advice seriously that is uploaded onto the platform by all content creators, whether the content is their own or from elsewhere. Play my audiomakes no representation or warranties of any kind whatsoever for information you publish onto the Play my audio platform, regardless of whether any such information is published voluntarily or involuntarily. Also our platform may contain a social networking component and you are utilizing our platform with a full understanding and assumption of risk related to any and all information that you publish.
STORAGE CLOUD WARRANTIES
Play my audio takes no responsibility for issues out side our control. All content is stored in our chosen storage cloud provider, if they have any arising issues on their behalf we will be in contact with them soon as the problem has been recognised, and be aiming to resolve the problem as soon as possible. Play my audio takes no liability for loss of your content, or temporary loss in accessing the platform due to for example: undertaking maintenance on the platform, repairs, upgrades, blackouts, network freezing, audio content not working correctly, high volume of users causing connection issues, weak or no internet connection from your server, storage cloud being down and not working for a prolong period of time. We recommend to keep your original content stored on your own hard drive, device, or storage cloud provider as a backup in case of any reason your content was happen to be deleted, lost, destroyed, or not function correctly or not be displayed correctly. Play my audiois not liable for any loss of your content. In a event of the Play my audio platform to be down and not functioning for any length of time, we are not liable for any losses of not having access to the platform and will not refund subscription fees for not having access to the platform. However the Play my audio platform aims to have and any outages or issues to the platform being restored and resolved as quickly as possible.
COPYRIGHT AND TRADEMARKS
The service provides users with the ability to create content owned by yourself. Play my audio will not have any ownership rights in the work you created. You represent and warrant that you own the content created by you. However, the services and it’s original content (“Play my audio content”) is protected by copyright, our trademark, patent, trade secrets and other laws. Play my audio owns and retains all rights in the Play my audio content and Play my audio services. In order to use our service or access our content, you are agreeing to our Terms and Conditions and Privacy Policy. Play my audio does not claim any ownership in users text, files, images, photos, thumbnails, audio, sounds, musical works, works of authorship, or any other materials of collectively content that you created, you are solely responsible for all the content that you create using the service and publish onto the platform. It is your responsibility to make sure your use of the services is legal where you use them, and retain the rights to all the content you created.
LIMITATION OF LIABILITY
In no event shall Play my audio be liable for any loss or damages (including without limitation of any direct, indirect, punitive, special, incidental or consequential loss or damage). Access to the service or inability to access to the Service. Any third party’s conduct, content, information or data. Personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of (or your inability to access and use) the Play my audio services, including, without limitation, making private content public or any damage caused to your device, software, or information stored thereon. Any unauthorised access to or use of Play my audio services and/or any and all personal, private, and/or other information stored therein.
UPLOAD LIMIT
The upload limit of audio content onto the Play my audio platform each day is 50 audio files of up to 15 hours or equivalent of hours of 750 hours from an individual profile account. If a profile account is found breaching the limit they may be issued a strike against their account and on the 3rd strike within 90 days may result in their profile account being deleted along with all uploaded content. The Play my audio platform also does not permit uploading the exact same content over and over on their profile account, and in doing so may result in being issued a strike against their profile account. If you wish to upload the exactly the same content onto your profile account then please delete the original content firstly from your profile account, and then upload that same content again.
TERMINATION
Play my audio may terminate your subscription with or without notice, for any conduct that Play my audio in it’s sole discretion believes is in violation of these Terms and Conditions, Privacy Policy, and applicable laws, or any act which is harmful to the interests of an another user, service provider, third party or Play my audio. In most instances the 3 strike policy will be the first option, but in extreme cases of serious breaches may result in an instant termination and may even being banned from the platform, and may also even result in taking matters further to a court of law. The Play my audio services are also not available to any users previously removed and banned from the Play my audio services by Play my audio, or to any persons barred from receiving them under the laws of Australia or applicable laws in any other jurisdiction. We recommend for you to save your original content on your own hard drive in event that your account was terminated by us and that means being permanently deleted from the Play my audio platform. We are not liable for any losses or damages if we have decided to delete your content from the Play my audio platform.
BREACHES OF THE LAW
Any breaches of the law throughout the use of the Play my audio platform will required yourself to pay all attorney related expenses at your own expense. If any user of the Play my audio platform uploads copyright content or breaches the law that they take full ownership and punishment of the law. And therefore Play my audio is not liable for any breaches of the law caused by other users of the platform.
UNINSTALLING THE PLAY MY AUDIO APP
If you no longer wish to use the Play my audioplatform you can cancel your subscription at any time and uninstall the application. To access the platform again simply go to the mobile app store of Apple or Android and download the application again.
NEW APP UPDATES
The Play my audio platform will regularly require you to update your version of the platform as new updated versions become available and being released into the mobile app store. The updates may be thing such as the following: any changes, enhancements, more features being added to the platform, fixing bugs or problems, issues, updating the Terms and Conditions and Privacy Policy, and so on.
DATA USAGE
All data costs associated with the uploading and downloading of content from the platform and onto the Play my audio platform is at the expense of the user. Ensure your device has a strong internet connection to maintain a strong connection to the platform, as a weak signal may result in a failed upload of your content, or a weak or loss in your internet connection mat cause the platform to drop out, freeze, or to stop streaming content and stop playing audio content. You may then need to gain a better internet connection or retry uploading your content once again
PLAY MY AUDIO IS COPYRIGHTED
Copyright refers to the legal right of the owner Intellectual Property (IP). The business name Play my audio is a registered Australian business name and belonging to the Play my audio platform. The website playmyaudio.com and playmyaudio.com.au is owned by the Play my audioplatform. The logo of Play my audio play button is a registered trademark and is owned by the Play my audio platform. The email address of playmyaudio@gmail.com is owned by the Play my audio platform. The mobile app design, system, features, layout is owned by the Play my audioplatform. The computer code language code writing is owned by the Play my audio platform. Unauthorised use or damages to the Play my audioplatform is not allowed and may result in legal court proceedings for any breaches. The use of the Play my audio name and logo is only permitted digitally on social media networks and thumbnails if it’s not for profit and not aiming in damaging the reputation of Play my audioto the public. The sale of NFT’s (Non Fungible Token) of any type with displaying the Play my audioname and logo is forbidden. The sale of merchandise using our name and logo without our permission is prohibited. Merchandise includes: stickers, clothing, hats, headphones speakers, earbuds speakers, audio equipment, headphones and earbud carrying cases, mobile phone cases. This is all prohibited, unless it has been approved by the CEO of the Play my audio platform.
RESTRICTIONS
The following restrictions apply to your use of the Service. You are not allowed to do the following or it will breach our Terms and Conditions and may result in a strike against your account, and in extreme cases of serious breaches may result in an instant termination and may even being banned from the platform, and may also even result in taking matters further to a court of law.
1) Use of the Service to view or listen to Content is for personal use only and therefore commercial use is not permitted to: Reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any content except if the content is Creative Commons, or from the public domain, or gained permission from the content owner, or stated in their description of the content owners own Terms of use.
2) Interfere with any part of the platform or attempt to do any of these things: including security-related features or features that prevent or restrict the copying or other use of Content or limit the use of the Service or Content, any types of security breaches, spying, computer software hacking, installation of viruses or malicious code transmitted to or through the service to the Play my audio platform without prior consent in writing by Play my audio.
3) Circumvent, disable, fraudulently engage with, or otherwise access the Service using any automated means such as robots, botnets or scrapers, except in the case of public search engines or using automated software without Play my audio‘s prior written permission.
4) Report feature and emailing Play my audio: The misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
RIGHTS YOU GRANT
You retain ownership rights in your Content. However, we do require you to grant certain rights to Play my audio and other users of the Service the following:
1) License to Play my audio: By providing Content to the Service, you grant to Play my audio a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use that Content and including to reproduce, distribute, prepare derivative works, display and perform it in connection with the Service and Play my audio’s successors’ and Affiliates, business, including for the purpose of promoting and redistributing part or all of the Service.
2) License to Other Users: You also grant each other user of the Service a worldwide, non-exclusive royalty-free licence to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as audio playback, embeds, share feature). For clarity, this license does not grant any rights or permissions for user to make use of your Content independent of this Service.
DURATION OF LICENSE
The license granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Play my audio may retain, but not display, distribute, or perform, server copies of your audios that have been removed or deleted.
RESERVATION
Using the Service does not give you the ownership of or rights to any aspect of the Service, including user profile names or any other content posted by others or Play my audio. The use of a profile name works by the first to use that name on the Play my audio platform therefore obtains it. Not by the profile name being used elsewhere on other social media platforms, or anywhere else.
ABOUT OUR SOFTWARE
When the Service requires or includes downloadable software you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, Play my audiogives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Play my audio as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Play my audio, in the manner permitted by this Agreement. You are not allowed to reverse engineer, decompile, disassemble, copy, modify, distribute, sell, or lease any part of the Play my audio software, or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Play my audio’s written permission. Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please fully understand those licenses. Play my audiodoesn’t use malware installed by ourselves to gain control over of our users device to be use for deceptive practices, such as putting a user’s data or device at risk, or collecting and transmitting users private information without their knowledge. We only use our users personal information for reasons stated in our Terms and Conditions and Privacy Policy.
LIMITATION OF LIABILITY
Except as required by applicable law, Play my audio, it’s affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings, loss or corruption of data, indirect or consequential loss, punitive damages caused by:
1) Errors, mistakes, or inaccuracies on the Service.
2) Personal injury or property damage resulting from your use of the Service.
3) Any unauthorized access to use of the Service.
4) Any interruption or cessation of the Service.
5) Any viruses or malicious code transmitted to or the through the service by a user or Play my audio, including your use of Content, and/or:
6) The removal or unavailability of any content.
FALSE PERSONAL INFORMATION
Providing false personal information is prohibited and may risk resulting in being issued a strike against your account, and may result in the termination of your account.
FAKE ENGAGEMENT
Play my audio does not allow fake engagement made by computer software, robots, clickbots, or anything that artificially increases a profile’s content counter meter. That is to increase yours or somebody else’s number counter, or be used to increase the dislike counter of someone else content, or to dislike their own profile’s content. For example hiring someone or using your own clickbots to increase the likes counter meter, dislikes counter, plays counter, comments counter been made, computer generated comments, engagement length of listening to content. This is all prohibited and may result in a strike against your account and the removal of that content, if we believe your account or someone elses account has fake engagement. However, if the engagement has been made by a human being, that is perfectly fine.
IMPERSONATION
The Play my audio platform does not allow impersonating of someone else’s profile account if any of the following reasons have occurred.
1) Damaging their name or reputation.
2) Used for frauds or scams.
3) Use of their logo or brand.
4) Selling counterfeit items.
5) Strongly pretending to be somebody else without their permission. In which the content is purely intended and appears to look like the owner of the content has uploaded the content to others, but did not.
If reported by the original owner of the content that it may result a warning, and then after may result in a strike against your account and remove of that content.
We recommend in gaining permission from the owner firstly, or to state in your About section or the content’s description section that it’s a fan profile, Creative Commons, Fair Use or input “Credits” with inputting below their content’s title name and the owner of the content’s name. To Credit their works as the original content creator.
In most cases the owner of the content may just request to make some minor changes. Note that we may request ID Identification proof in some instances if required or requested, and we will only respond to reports sent to us from the person who’s being impersonated, or a representative of the person who’s being impersonated.
PAID SPONSORS, ENDORSEMENTS AND AFFILIATE PROGRAMS
On the Play my audio platform it is not compulsory to declare or to place a disclaimer in the description section of any paid sponsorships, endorsements, or affiliate programs in your description section or been mentioned in your audio content. Play my audio takes no liability for any outside agreements been made by you and any paid sponsorship or paid affiliate programs.
DELETED CONTENT
If you created on your profile account a playlist, listen later, liked audio’s, or on the continue listening section of the Play my audio platform, beware that it may of been removed for the following reasons.
1) The profile account that uploaded the audio content decided to delete it.
2) It was verified as Copyrighted content and therefore causing it to be removed.
3) It was in breach of the Play my audio Terms and Conditions and Privacy Policy.
YOUR PROFILE ACCOUNT
Unless expressly permitted in writing by Play my audio, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account, Play my audio reserves all legal rights and remedies to prevent unauthorised use of the Play my audio services, including, but not limited to, technological barriers, IP mapping, and in some serious cases directly contacting your Internet service provider (ISP) regarding such unauthorised use.
PERSONAL INFORMATION
Play my audio takes no liability for any user that displays their personal information onto the platform. Don't disclose your personal information in any format if you don't want the public to know about it. If you do display your personal information acknowledge that you take full responsibility for any breaches of the law or conflict that may arise.
PLAY MY AUDIO ADVERTISING
Once your audio, thumbnail, description, comments have been uploaded onto the Play my audio platform. You then give permission for Play my audio platform to use your content as advertising material to the public to promote the platform.
If you have seen your content used as advertising material and you would like it to be ceased from further been used as advertising material. Email us and provide proof that your the owner of the content, or representing the owner of the content, and state that you would like your content to not be used as advertising material and to cease the advertising as soon as possible.
Contact playmyaudio@gmail.com
PLAY MY AUDIO’S ALGORITHM
Algorithm means the order arrangement of the displaying of all content throughout the entire platform of Play my audio. We retain the right to change the algorithm throughout the entire platform at any time, and to whatever we choose to arrange it to be.
USE OF DEVICES AND SERVICES
Access to the Play my audio services requires the use of your internet device or mobile phone as well as communications. You are responsible for any associated internet connection fees, internet data use fees, or mobile phone fees, charges that you incur while accessing the Play my audio services. It’s therefore your responsibility and your Internet provider’s responsibility to have a strong and working internet connection to use the Play my audio platform properly, and therefore is not Play my audio’s responsibility.
APP STORE RULES
Please read and understand the app store rules for the platform that you will be using the Play my audio platform from, either Apple or Android, or both. Make sure that you understand and obey their Rules, Guidelines, Terms of Use and Payment policies.
EMAILING PLAY MY AUDIO
With regards to emailing Play my audio, acknowledge that we have zero tolerance for any abusive language or any offensive behaviour, or any threats shall be reported to the relevant authorities and may result in you being permanently banned from the Play my audio platform.
NO WAIVER
If you fail to comply with our Terms and Conditions and Play my audiodoes not take immediate action, this does not mean that we are giving up any rights that we may have, such as the right to take action in the future.
CONTACT US
To contact Play my audio email: playmyaudio@gmail.com
PLAY MY AUDIO PRIVACY POLICY
Last modified October 30th 2022
PRIVACY POLICY
Play my audiorespects and protects users’ personal Privacy information. We are committed to protecting the privacy of the personal information that you may provide to us. Any personal information submitted through the Play my audio applications by you is subject to our Privacy Policy. We do not knowingly collect personal information from persons under 18 years of age. The date of the last update version of our Privacy Policy will be noted at the very top of our Privacy Policy. When you use our services you’re trusting us with your information. We understand this is a big responsibility and we work hard to protect your information. This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage and delete your information.
INFORMATION WE COLLECT
In course of using the Play my audio platform we may ask you to create an account and to provide identifiable information that can be used to contact and identify you. The types of personally identifiable information that you provide as part of your account are:
1) Your name and profile account name.
2) Email address.
3) Your location.
4) Billing information.
5) Any other required information that you may need to provide to us (For Example: your contact phone number, date of birth).
YOUR ACTIVITY
We may collect information about your activity in our services, which we use to do things like recommending you content you may like. The activity information we collect includes: searches, audio you’ve engaged in, liked audio content, comments, uploaded content, subscription purchase details from Play my audio, users that you share content with or communicate with.
SHARING YOUR SIGN IN DETAILS WITH OTHER PEOPLE
If you give permission for anyone to use your profile account’s login information and your password details, that you are still responsible for any breaches of our Terms and Conditions and Privacy Policy rules for using the Play my audio platform. If you acknowledge anyone using your account without your consent, please change your password immediately.
ACCESS AND PASSWORDS
As part of the sign up process for Play my audio, you are required to create a login ID name, input your email, password to verify your email address and password in accordance with Play my audio’s guidelines. You agree that you are the only individual entitled to access the platform using your details and legally binds to you. In which if you allow other users to access your profile account or an unauthorised user to access your account that you are still liable for any breaches of these Terms and Conditions and Privacy Policy. If you manage to forget or lose your password login details you can reset your password on the mobile app by sending a verification notification to your email address. Input the pass code that we provide to you, and then for you to reset your password.
SOCIAL NETWORKS
Play my audiooffers to use the share feature to enable promoting your content onto social media networks, emails, and other networks, or to share your URL link in other peoples content. On the Play my audio platform on your About section you can add links to your other social media accounts to encourage sending followers that like you to checkout your other social media accounts such as, YouTube channel, Instagram page, or Facebook page. Please read the Terms and Conditions of other social media networks for their rules to obey and to comply with. We make no warranties or representations of any kind whatsoever regarding how third party social media sites handle information posted through your account. Additionally, we make no warranties or representations of any kind whatsoever regarding the security of any information or content that you publish on any other sites.
URL LINKS ON PLAY MY AUDIO
Play my audiotakes no liability for any loss or damages from users copying and/or pasting URL links that steals a users private information such as login details, banking login information, installing of malicious malware, infecting computer viruses or damages to their devices. Use all link displayed throughout the Play my audio platform at you own risk, and all damages, theft of your personal information are at your own cost. Please report to Play my audio via our email address for any forbidden or illegal links found throughout the platform.
Email: playmyaudio@gmail.com
INFORMATION COLLECTION FROM MOBILE DEVICES
When you access our platform on your device we may collect your unique device identifier and mobile device IP address, as well as information about your device’s operating system, mobile carrier, your location information and other information described in these Terms and Conditions and Privacy Policy to be used for the purpose in identify you.
PROVIDING REQUESTED INFORMATION
Only users who provide us with the requested personally identifiable information will be able to sign in, use the platform, or participate in the platform offerings.
UNDER 18 YEARS OLD USERS
To access the Play my audio platform you are required to declare upon the initial signing up process and declare that you have read the Terms and Conditions and Privacy Policy, and to declare that your 18 years old or over as our platform may contain some Adult Content throughout the platform. Therefore we do not collect personal information from under age of 18 years old user. Play my audio takes no liability for any user that has access the platform under the age of 18 years old and continues to access the platform. Any breaches of the law from users that are under-age of 18 that access the platform are liable for any breaches of the law in relation to of being under age of 18 years old. If you are the legal parent or guardian of a minor user, please read carefully the entire content of the Terms and Conditions and Privacy Policy and then choose whether to agree proceeding to use our platform. At the same time, please teach minors to enhance their personal information protection awareness and ability, and do not provide any personal information to any product and service provider without your consent; If you are a relevant minor user, please read our policy with the accompany and help of your parents or guardians, and use our products and services or provide us with information with the consent of your parents or guardians. If we learn that our products have accidentally collected children’s personal information, we will delete the relevant information as soon as possible.
EMAILING PLAY MY AUDIO
By emailing the Play my audio platform then you authorise in giving consent to us in sharing your personal information to Play my audio and if necessary to the content owner, or owners or attorney or lawyers, or a chosen representative made by the content owner.
SECURITY
We have put in place reasonable physical, electronic, and managerial procedures designed to safeguard the information that we collect. Despite the reasonable security measure that we have created, we cannot assure you that personally identifiable information that personally identifiable information that we collect will never be used or disclosed in a manner that is inconsistent with this Privacy Policy.
FAILING TO REPOND TO EMAIL CONTACT
The Play my audio platform may email you directly by your provided email address that you have provided to us upon the signing up process, of updates or anything related to the Play my audio platform, email marketing, email responses, etc. If you fail to respond to important emails in regarding your account for a prolong period of time, that may result in the termination of your account for reasons such as receiving a 3rd strike against your profile account for breaching our Terms and Conditions and Privacy Policy.
OUR VENDORS AND SERVICE PROVIDERS
Our agents, employees and contractors may have access to personally identifiable information to help carry out the services they are performing for us. In order to provide you with more complete and high-quality products and services, we may share some of your personal information with our partners, emailers, storage cloud provider and mobile application developers. Please note that we will only share your personal information for breaches of our Terms and Conditions, Privacy Policy, legal, legitimate, necessary, specific and clear purposes.
ACCESS PERMISSION
When uploading content onto the Play my audioplatform we will need permission to access your local media to select audio and images from your device. The permission is only for editing and selection of your content to upload onto the platform. We will not obtain any audio or photos from your device, nor will we modify or delete the content in your media device's storage.
COOKIES
We may use cookies to help your simplify experience.
Cookies can help you call up information during subsequent visits, simplify the process of filling in your personal information and allow you to have a more relaxed experience. We may collect your personal information in response to your request, to identify you, in order to communicate with you, in order to improve our services, other purposes related to our business, to comply with laws and regulations.
PUBLICLY DISCLOSE
We may personally disclose your personal information in the following situations:
1) According to your needs, disclose your designated personal information in a disclosure method that you explicitly agree to.
2) According to the requirements of laws, regulations, mandatory administrative law enforcement, judicial or regulatory agencies, where it is necessary to provide your personal information, we may publicly disclose your personal information based on the type of personal information requested and the method of disclosure.
INFORMATION SHARING AND DISCLOSURE
Legal and law enforcement purposes. We may disclose personally identifiable information in response to legal process, including but not limited to court orders and subpoenas, or in response to law enforcement agency’s request. We also may disclose such information to third parties in connection with fraud detection and prevention activities or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of any of our Terms and Conditions and Privacy Policy, to protect our rights and the rights of others, and otherwise required by law. You understand and agree that we maintain the option, in our sole and absolute discretion, to inform you of any disclosure of your personally identifiable information for legal and law enforcement purposes.
SPONSORS AND CO-PROMOTIONS
We sometimes may offer content or programs that are sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the activity. We have no control over these third parties’ use of this information.
LINKED THIRD PARTY SITES
Some of our Sites contain links to other sites whose information practices may be different from ours. You should consult the other sites’ privacy policies before submitting any information, as we have no control over information that is submitted to, or collected by, these third parties. We make no representations or warranties as to any content located on any linked sites and you hereby assume all risks associated with visiting said linked sites.
SHARING YOUR PUBLISHED CONTENT WITH OTHERS
You give permission to Play my audio of all the content that you have chosen to upload and published onto the Play my audio platform, that it will be publicly visible and listened by anybody that wishes to. If you do not want your content to engaged by other people, to be commented on positively and negatively, to have a displaying counter of how many plays being received and how many likes and dislikes each audio content that you publish. If this upsets you for any reasons, then please do not publish content onto the Play my audio platform. Note that we only display onto the platform information that you are aware of and that you knowingly know what is displayed onto your profile account and what you comment on other peoples profiles content and comment on your own content, or have emailed to us. We do not pass on your personal information to a third party unless your in breach of our Terms and Conditions and Privacy Policy, or required by law enforcers.
SHARE YOUR INFORMATION WITH OUR PARTNERS
1) We may share non-personally identifiable information publicly and with our partners. We may share information with our business partners and third parties, such as other marketers, advertising developers, publishers, retailers, rights holders, participatory databases and non-profit organizations, that want to market products or services to you.
2) We may share information publicly to show trends about the general use of our services.
3) We also allow specific partners to collect information from your browser or device for advertising and measurement purposes using their own cookies or similar technologies.
4) To meet any applicable laws, regulations, legal process, enforceable governmental request.
5) We may share information about the number and type of requests we receive from governments in our global request for users information.
6) Enforce applicable Terms and Conditions and Privacy Policy, including investigation of potential violations.
7) To detect, prevent, or otherwise address fraud, security, or technical issues.
8) Protect against harm to the rights, property or safety of Play my audio, our users, or the public as required or permitted by law.
CHANGE OF CONTROL
We may transfer any information about you in the event of a business transaction, such as if we or one of our business units or our relevant assets are acquired by, sold to, or merged with another company. If Play my audiois involved in a merger, acquisition, or sale of assets, we’ll continue to ensure the confidentiality of your personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
NO WAIVER
If you fail to comply with our Privacy Policy and Play my audio does not take immediate action, this does not mean that we are giving up any rights that we may have, such as the right to take action in the future.
CONTACT US
To contact Play my audio email: playmyaudio@gmail.com
Google Play Store Link
https://play.google.com/store/apps/details?id=com.playmyaudiofrontend
Apple App Store Link
https://apps.apple.com/au/app/play-my-audio/id1606260121
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