(hereinafter: Application) is a piece of software created to The Application was
created to help track auditions as well as business events and to allow users to add friends and see basic
information on what they are auditioning for. - and customized for Apple mobile devices. It is used to
The Application's main use is to track auditions and business events.
Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Application. You may not use the
Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
1 You may not reverse engineer,
translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create
derivative works or updates of, adapt, or attempt to derive the source code of the
Application, or any part thereof (except with Audition Trkr's
prior written consent).
2 You may not copy (excluding when
expressly authorized by this license and the Usage Rules) or alter the Application or
portions thereof. You may create and store copies only on devices that You own or control
for backup keeping under the terms of this license, the App Store Terms of Service, and
any other terms and conditions that apply to the device or software used. You may not
remove any intellectual property notices. You acknowledge that no unauthorized third
parties may gain access to these copies at any time.
3 Violations of the obligations
mentioned above, as well as the attempt of such infringement, may be subject to
prosecution and damages.
4 Licensor reserves the right to
modify the terms and conditions of licensing.
5 Nothing in this license should
be interpreted to restrict third-party terms. When using the Application, You must ensure
that You comply with applicable third-party terms and conditions.
1 Licensor attempts to keep the
Application updated so that it complies with modified/new versions of the firmware and new
hardware. You are not granted rights to claim such an update.
2 You acknowledge that it is Your
responsibility to confirm and determine that the app end-user device on which You intend
to use the Application satisfies the technical specifications mentioned above.
3 Licensor reserves the right to
modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND
4.1 The Licensor is solely
responsible for providing any maintenance and support services for this licensed Application. You can reach
the Licensor at the email address listed in the App Store Overview for this licensed Application.
and the End-User acknowledge that Apple
has no obligation whatsoever to furnish any maintenance and support services with
respect to the licensed Application.
5. USE OF
You acknowledge that Licensor will
be able to access and adjust Your downloaded licensed Application content and Your
personal information, and that Licensor's use of such material and information is subject
6. USER GENERATED
The Application may invite you to chat, contribute to,
or participate in blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or in the Application,
including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Application and
through third-party websites or applications. As such, any Contributions you transmit may
be treated as non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third
2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Application, and other users of the Application to
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
8. Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third
11. Your Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates,
other things, termination or suspension of your rights to use the Application.
posting your Contributions to any part of the Application or making Contributions accessible to the
Application by linking your account from the Application to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store,
cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising,
or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and
grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and
through any media channels.
license will apply to any form, media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been asserted in your
do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided by you in any area in the
Application. You are solely responsible for your Contributions to the Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against us regarding your
have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the
Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
responsibility in the case of violation of obligations and tort shall be limited to intent
and gross negligence. Only in case of a breach of essential contractual duties (cardinal
obligations), Licensor shall also be liable in case of slight negligence. In any case,
liability shall be limited to the foreseeable, contractually typical damages. The
limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no
accountability or responsibility for any damages caused due to a breach of duties
according to Section 2 of this Agreement. To avoid data loss, You are required to make use
of backup functions of the Application to the extent allowed by applicable third-party
terms and conditions of use. You are aware that in case of alterations or manipulations of
the Application, You will not have access to licensed Application.