Terms of Service
Updated: July 30, 2017
When you use our Software and Service, you provide us with things like your files, metadata, content, et cetera ("Your Music”). Your Music is yours and will stay yours. These Terms do not give us rights to Your Music except for the limited rights that enable us to offer the Service. We need your permission to host and deliver Your Music to you, and to archive or back it up. Our Service also provides other features such as: images, music previews, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Music. You give us permission to do this, and this permission extends to our affiliates and trusted third parties we work with.
You're responsible for your conduct, Your Music and you must comply with our Acceptable Use Policy. Content in the Service may be protected by others' intellectual property rights. Do not copy or distribute content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy, but are under no obligation to do so. We are not liable for the content you upload or share on our Service or Software. It is your responsibility to keep your account safe and up to date, and to not distribute your account information.
During the time that you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Software, attempt to do so, or assist anyone in doing so.
When we release a beta version of the Software or Service and add new features, these will be in the process of being tested. These versions will be marked “beta”, or “preview”, and may not be completely reliable. It is a good idea to make a copy of your files to use in the test versions of the Software, we cannot guarantee the safety of Your Music during beta or preview versions. We welcome any feedback you have and software support is available. If you provide suggestions or feedback, we may use these comments or suggestions without any obligation to you.
The Service is protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Service, others' content in the Service, Voltra trademarks, logos and other brand features.
We respect the intellectual property of others and ask that you do too. We reserve the right to delete or disable content alleged to be infringing on copyright laws and terminate accounts of repeat infringers.
Billing You can join a subscription plan to access the full features of the Software and Service. When you upgrade, your account will be converted into a “Paid Account”. We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, which we will charge when we are required to do so.
You may cancel your Voltra Subscription at any time but you will not be issued a refund unless it is required by law.
Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your subscription and file storage.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You are free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.
Service "As Is"
We strive to provide a great Service, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, VOLTRA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR VOLTRA’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL VOLTRA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THIS WILL BE REGARDLESS OF WHETHER OR NOT VOLTRA OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ADDITIONALLY, VOLTRA, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO VOLTRA FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
We want to address your concerns without needing a formal legal case. Before filing a claim against Voltra, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Voltra may bring a formal proceeding.
Judicial forum for disputes
You and Voltra agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Voltra consent to venue and personal jurisdiction in such courts.
NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
These Terms will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
These Terms constitute the entire agreement between you and Voltra with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Voltra’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Voltra may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may make changes to these terms at any time, but will always post the most current version on our website. If a revision causes significant changes to your rights as a user, you will be notified and/or the changes will be posted here. You agree to be bound by these Terms or revised Terms by continuing to use or access the software.