Terms of Service

For the After the Beep Service, including the iPhone application and website.
By Bome Software - that's us.
Version 1.0, August 2010
http://www.afterthebeep.com/terms

By using our Service, you agree to these terms and conditions and consent to the use and disclosure of your personally identifiable information as described in our privacy policy statement. If you do not agree to this agreement and the privacy policy statement, please do not use our Service. You should periodically review the most up-to-date version at http://www.afterthebeep.com/privacy. We will modify these terms and policies at some point, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You must be 13 years or older to use After the Beep - See Children's Online Privacy Protection Act of 1998 (available at http://www.ftc.gov/ogc/coppa1.htm).

We make no warranties regarding the use or the results of the application in terms of its reliability, or otherwise. Bome Software shall have no liability for any interruptions in the use of its application and services. The application and service is provided as is

You are responsible for your submissions and the consequences of posting or publishing them with us.  

You affirm that you have rights to use your recorded sounds.

You retain all of your ownership rights of your recordings but by submitting your recording, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and play back your recording in connection with our service, including use for promoting of our Services and 3rd party service, i.e. combination with advertisements . For recordings distributed online (such as via email or web) you also grant all users of our Service that gain access to the link, a non-exclusive license to access your and listen to your recording.

We shall not be liable for any damages whatsoever, including indirect, incidental damages, or damages for loss of profits or use, related to the website, service or application. Whether such damages arise in contract, negligence, or otherwise, even if Bome Software has been advised of the possibility of such damages.

We may modify or discontinue the service with or without notice. We shall not be liable should we exercise its right to modify or discontinue the service. You acknowledge that we don't guarantee continuous, uninterrupted or secure access to the website and your recordings. We also can't guarantee any particular time of execution of voice mail services.

You agree to indemnify us, our subsidiaries, affiliates and employees, and hold us harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the service and application, the violation of this Agreement, or infringement by you, or other user of the Service using your's computer, of any intellectual property or any other right of any person or entity.

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. This includes the usage of phone numbers and use of copyrighted material. 

If you embed recording on a website, you must include a prominent link back to the afterthebeep.com website on the same page.

You agree not to use robots, spiders, or offline readers or any other automated system, that accesses the Website in a manner that sends several request messages to the our servers for the purpose of automated downloading and storing the recordings.  

You may not download and distribute any recording from the website.

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable. You agree that these terms may be assigned by Bome Software, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your usage of our software and services.

Portions of the After the Beep implementation are based on code from mixblendr.com.

Please let us know any questions or concerns with this document via http://www.afterthebeep.com/contact .