Terms and Conditions of Use

Last Updated: October 23, 2024

Welcome to draw.audio ("the Site"). By accessing or using the Site, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please refrain from using the Site.

1. Acceptance of Terms

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.

2. Description of Service

draw.audio provides a free tone matrix using the Web Audio API for users to create art and music ("the Service"). Users can generate and share visual tone matrix patterns and musical compositions without the need for personal accounts or logins.

3. Eligibility and Age Restrictions

The Service is available to users globally. While any age can use the Site, some user-generated content may not be suitable for children. Users under the age of 13 must have parental or guardian consent to use the Site. Parental supervision is recommended for minors. Users are responsible for compliance with their local laws when accessing and using the Site.

4. User Conduct and Responsibilities

• Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations when using the Service.
• Prohibited Activities: You agree not to:
  • Create, upload, share, or distribute any content that is explicit, offensive, infringing, or inappropriate.
  • Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.
  • Attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site.
  • Use the Service for any unauthorized commercial purposes.
  • Reverse engineer, decompile, or disassemble any portion of the Site or the Service.
• Consequences of Violation: Violations may result in the deletion of content without notice and the blocking of your IP address.

5. User-Generated Content

• Content Sharing: Content created on the Site is not private and may be displayed to other users.
• License: By creating content on the Site, you agree that your creations are licensed under the Creative Commons Attribution 4.0 International License.
• Content Warnings: The Site implements content warnings for user-generated content that may not be child-friendly.
• Reporting Mechanism: If you believe any content on the Site violates these Terms or infringes upon any intellectual property rights, please notify us at randy@draw.audio.

6. Intellectual Property Rights

• Site Content: All non-user-created content on the Site, including images, branding, and code, are trademarks and proprietary technologies owned by draw.audio. Unauthorized copying, modification, redistribution, or any other use is prohibited.
• User Content: Users retain ownership of their creations but grant draw.audio the rights outlined in the Creative Commons Attribution 4.0 International License.

7. Privacy Policy

• Data Collection: No personal data is collected except for data available in web logs, such as IP addresses and browser information. This data is used to prevent abuse and to improve the Site.
• Cookies and Local Storage: The Site uses simple cookies to track returning visitors and utilizes local storage to save user creations between browser sessions.
• Third-Party Sharing: We do not share user data or user-created content with advertisers or other third-party data collection entities.
• Privacy Policy Reference: For more information, please review our Privacy Policy.

8. Modification of Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time without notice.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of any content
• That the Service will meet your requirements or will be uninterrupted, secure, or error-free

10. Limitation of Liability

To the maximum extent permitted by applicable law, draw.audio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits
• Data loss
• Cost of procurement of substitute goods or services
• Unauthorized access to or alteration of your transmissions or data
• Any other intangible losses

This limitation applies whether based on warranty, contract, tort (including negligence), or any other legal theory.

11. Indemnification

You agree to indemnify and hold harmless draw.audio, its affiliates, and its licensors from any claim or demand, including reasonable attorneys' fees, arising out of:

• Your use of the Service
• Violation of these Terms
• Infringement of any intellectual property or other right of any person or entity

12. Termination

We reserve the right to terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

• Violations of these Terms
• Detection of abuse such as DDoS attacks or other malicious behavior

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

13.1 Dispute Resolution

Any dispute arising out of or related to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in California, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13.2 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You acknowledge and agree that:

• You waive the right to participate as a plaintiff or class member in any purported class action or representative proceeding
• You waive the right to a jury trial

14. Changes to the Terms

We reserve the right to modify or replace these Terms at any time without notice. It is your responsibility to review these Terms periodically for any changes. Continued use of the Site after any such changes constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

16. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Entire Agreement

These Terms constitute the entire agreement between you and draw.audio regarding the use of the Service and supersede any prior agreements.

18. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where the failure results from any cause beyond our reasonable control, including but not limited to:

• Natural disasters
• War
• Acts of terrorism
• Civil unrest
• Governmental actions
• Internet service provider failures or delays
• Denial of service attacks

19. Assignment

We may assign or transfer our rights and obligations under these Terms without your consent. You may not assign or transfer any of your rights under these Terms without our prior written consent.

20. Feedback and Suggestions

Any feedback, comments, or suggestions you may provide regarding the Site or Service are entirely voluntary. We are free to use such feedback, comments, or suggestions without any obligation to you.

21. International Users

The Service is controlled and operated from facilities in the United States. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local law.

22. Electronic Communications

By using the Service, you consent to receive electronic communications from us. These communications may include notices about your use of the Service and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements.

23. Governing Language

The governing language of these Terms is English. All communications and notices to be made or given pursuant to these Terms shall be in the English language.

24. Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

25. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by draw.audio. We have no control over, and assume no responsibility for:

• The content
• Privacy policies
• Practices of any third-party sites or services

Inclusion of third-party links does not imply endorsement. Users should review the terms and privacy policies of third-party services.

26. No Guarantee of Availability

We do not guarantee that the Service will be available at all times or without interruption. We are not liable for any loss or damage caused by your inability to access or use the Service.

27. Compliance with Export Regulations

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce.

28. Contact Information

For any questions or concerns about these Terms, or to report any violations, please contact us at:

Email: randy@draw.audio

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.