THE MAIN TERMS OF THE AGREEMENT IN A NUTSHELL:
1. Identifying the frequency components of each of the audio signals is crucial for audio comparison. The time-domain signal is difficult to inspect and must be converted to its frequency-domain equivalent before analysis can be performed. 2. Our software utilizes an algorithm that produces an estimate of the audio signal's frequency content to compose the magnitude of the function that calculates the windowed discrete-time Fourier transform for the given audio input. The algorithm includes computing cross-correlation in the spatial and frequency domain rather than comparing audio files directly. 3. Once the calculation has been completed, the uploaded files will be removed from our servers. 4. This web tool is free to use when the two files are compared for the first time. No registration is required. You only have to accept its terms of the Service as set herein. The Service can prohibit Your using the tool at any time due to Your prospective violation of this Agreement.
1. GRANT OF LICENCE
1.1 Your Content
This Agreement sets out the terms and conditions agreed between You and the Licensor on the basis that You own or have the right to exploit and to grant a worldwide licence to the Licensor to use the content which You upload and provide to the Licensor.
1.2 Reserved Rights
All rights and licences not expressly granted to the Licensor under this Agreement are reserved by You. Ownership of Your Content shall remain with You or Your licensors.
2.1 You shall deliver to the Licensor:
(a) Your Content from which the Licensor shall be entitled to make copies for the purpose set out in this Agreement;
(b) All necessary, related artwork for use by the Licensor in connection with the marketing and promotion of Your Content, if required to do so;
(c) A written schedule of the names and contact information of the author(s) of the image/audio/video/GIF/PDF files embodied in Your Content, followed by additional copyright information and metadata in Your possession or under Your control relating to Your Content, if required to do so;
2.2 The Service requires the information set out above to ensure that Your content is displayed correctly.
2.3 The Service may encode or transcode Your Content as required.
2.4 You can deliver Your Content and the material set out through digital uploads or if agreed with the Licensor, some other form of digital carrier.
3.1 This Agreement shall commence on the very date that You upload any of Your Content using the facility on the Licensor, and shall continue until such time as You or the Licensor terminate this Agreement if:
(a) You require from us to remove Your Content from the Service; or (b) The Service removes Your content on its own due to Your prospective violation of this Agreement.
3.2 Following termination of this Agreement, the Licensor may retain on a confidential basis one copy of any correspondence, information or data provided by You to the Licensor in order to comply with legal or regulatory requirements and/or internal document retention policies as well as any and all: (i) e-mails and any attachments contained in such e-mails; and (ii) any electronic files, each of which are automatically saved.
4. REPRESENTATIONS AND WARRANTIES
4.2 The Service warrants that it has the full right and authority to enter into this Agreement.
You hereby indemnify and will at all times keep the Licensor and its parents, subsidiaries and affiliates fully and effectively indemnified from and against any and costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses whatsoever, including attorneys' fees arising out of or in connection with this Agreement, made against or incurred by the Licensor in consequence of any actual or alleged breach or non-performance by You of any of Your representations, warranties, undertakings or covenants, or Your violation of any material term or condition, contained in this Agreement. You agree to fully cooperate and act reasonably as required by the Licensor in the defence of any claim. Notwithstanding the foregoing, the Licensor retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Licensor.
6. COPYRIGHT AND RELATED RIGHTS ACT
The Service adheres to the Serbian Copyright and Related Rights Act in its entirety. The author is granted an exclusive right to use the work he created, which prohibits all other individuals and legal entities, including profit and non-profit organizations, from using the work without permission given by the author, which the Licensor must be timely notified of. Companies and other legal entities could never be considered to be authors, but only holders of specific components of a copyright and licensed to exploit the work of authorship, provided that they are granted such a license by the author or his legal successors. One legal entity can be deemed a licensor and enter into this Agreement on behalf of an author if and only if entitled by the author to do so. According to the Serbian Copyright and Related Rights Act, a foreign author's work is protected in the Republic of Serbia provided:
1) that the author is a person copyright has been asserted to on the basis of an international treaty ratified by the Republic of Serbia;
2) that there is reciprocity between the Republic of Serbia and the country to which the author belongs
The Service is owned by VIDYPS 79 d.o.o. and its structure, organization and code are the valuable trade secrets of VIDYPS 79 d.o.o. VIDYPS 79 d.o.o. reserves all rights not expressly granted.
7. ABUSE OF THE SERVICE
By using the Service, You agree that You shall not do or cause anything to be done that causes You to receive an unfair advantage or in any way prejudices the operation of the Service or any part of it. In particular, You will not authorise, enable or engage in any activity which is or is intended to be fraudulent, unlawful, false or which artificially alters any information on or relating to the Service, including (by way of example) using incorrect email addresses, falsifying your personal information, misrepresentation, uploading unauthorized content, uploading duplicates of Your Content etc. The Licensor reserves the right to delete or move Your Content and any information relating to Your Content uploaded through the Service, in whole or in part, in our sole discretion. The Licensor reserves the right to suspend or terminate Your access to the Service with immediate effect and without notice to You, and to pursue all legal remedies if the Licensor believes, in its sole discretion, that You are in breach of any part of this clause.
You agree that the Licensor may use Your Content to demonstrate the functioning of the Service, provided that the Service shall not use Your Content as a direct product endorsement.
You acknowledge and agree that this Agreement sets out the business relationship between You and the Licensor. Nothing in this Agreement shall be construed: (i) to give either party the power to direct or control the daily activities of the other party; or (ii) to constitute the parties as principal and agent, employer and employee, franchisor and franchisee, partners, joint venturers, coowners, or otherwise as participants in a joint undertaking.
10. NO OBLIGATION
You acknowledge that the Licensor may change the scope of its Services from time to time and without notice to You. The Service shall be under no obligation to stream or otherwise use Your Content.
VIDYPS 79 d.o.o. provides the technical support for using the Service. Contact VIDYPS 79 d.o.o. for more information.
All notices or other communications required under this Agreement shall be given by email to the relevant party at the email address provided at the time of its registration and shall be deemed to have been given on the date that the email is sent to the recipient.
Nothing in this Agreement shall confer or purport to confer on any third party any benefit or the right to enforce any term of this Agreement.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part of such provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
This Agreement is governed by and shall be construed in accordance with the law of Republic Of Serbia and in the event of a dispute the parties shall submit to the exclusive jurisdiction of the Serbian Courts.
The Service may, at its sole discretion, make changes to this Agreement at any time and will post any changes on this page. In certain circumstances, the Service may send an email to You notifying You of the change. You should, however, check this Agreement from time to time to ensure You are aware of any changes.
If You find any change unacceptable, please terminate this Agreement by ceasing to use the Service immediately. Failure to terminate this Agreement shall constitute Your acceptance of the new terms and conditions of this Agreement.
The Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
THIS AGREEMENT SETS OUT THE TERMS AND CONDITIONS GOVERNING THE USE OF YOUR CONTENT ON THE SERVICE. IF YOU ARE UNSURE ABOUT ANY OF THESE TERMS AND CONDITIONS YOU ARE ADVISED TO OBTAIN INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM.
THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICE OR THE USE OR OTHER DEALINGS IN THE SERVICE.