Welcome to Byta, an online platform allowing users to privately send & receive both watermarked and non-watermarked digital audio. This Service is provided by Byta Limited (“Byta”, “we” “our”, or “us”).
- You should read these terms and conditions carefully before using the Site.
- By accessing or using this Website or otherwise indicating your consent to these terms constitute a legally binding agreement (the “Agreement”) between you and Byta in relation to your use of the Website, Apps and Services (together, the “Platform”), you agree to be bound by these terms and conditions and the documents referred to in them.
- If you have any questions about the Site, please contact firstname.lastname@example.org.
means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
means the policy , which governs how we process any personal data collected from you;
'We, us or our'
means Byta Limited, company registration number 8243268, with VAT registration number 142 9689 77 and whose registered office is at Unit 48 Basepoint Business Centre, Tewkesury, Gloucestershire, GL20 8SD
means a person who has registered an account on the Site and/or paid for the subscription service for full functionality of the Site
'You or your'
means the person accessing or using the Site or its Content.
2. Using the Site
- The Site is for your personal and individual use only.
- You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
- If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity.
- We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at email@example.com and/or use the website accessibility tools accessibility tools included with your browser.
3. Our Platform
- The Platform is a hosting service. Registered Users of the Platform may upload, send and receive digital audio text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by Byta on third party servers, Rackspace™.
- As a Registered User, your Content may be shared and distributed using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables sharing of Content via an email link to third parties (who may or may not be registered users of the Platform) which will allow them to view, listen to and share Content uploaded and made available by you.
4. Subscription Service
- To access the Platform and use the Service to upload and privately share your Content with your contacts you need to subscribe to the service as a Registered User.
- The prices for a subscription will be as quoted on our site at the time of payment. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
- Prices for our Services may change from time to time, but changes will not affect any current subscriptions.
- We will require you to provide your payment details at the start of the subscription period and we will automatically charge you for subsequent months until cancelled by you. By providing your payment details you agree to this subsequent charge regardless of your use of the service.
- If you cancel your subscription within 14 days of activating your subscription we will refund you the full fee paid by you. If you cancel your subscription after the 14 day period, clause 4.6 will apply.
- The fee for the subscription period is paid in advance and if you cancel the subscription any time before the expiry of the monthly subscription, the Service will be cancelled at the end of the month period.
5. Prohibited Use of our Services and Uploading Content
- You must not copy, rip or capture, alter or remove any watermark or attempt to copy, rip or capture, alter or remove any audio Content, watermarked or otherwise, from the Platform or any part of the Platform, other than allowed by the Registered User.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
- You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, play Content, send messages, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
- You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
- You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
- You must not use the Platform to upload, post, store, transmit, display, copy,
distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in our reasonable discretion;
- any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
- any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation. We reserve the right to immediately remove any Content that is deemed to violate these aforementioned conditions.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Platform, or any Content on the Platform.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not register using an ‘anonymous’ or ‘disposable’ email address or provide otherwise anonymised or false information.
- You must not sell or transfer, or offer to sell or transfer, any registered account to any third party without the prior written approval of Byta.
6. Grant of Licences
- Subject to your strict compliance with these terms, Byta grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform and to privately share and download audio Content using the features of the Platform.
- If you are Registered User of our Services, and subject to your strict compliance
revocable, non-assignable and non-transferable right and licence to:
- By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, licence to other users of the Platform. You can limit and restrict the availability of Your Content to other users of the Platform, at any time using the settings on the Share page for the Content you upload and share with your contacts, subject to the provisions of the Disclaimer section below.
- Removal of audio Content from your account will automatically result in the deletion of the relevant files from our systems and servers.
- Any Content other than Your Content is the property of the relevant Registered User, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Registered User on the Platform or with the express written consent of the Registered User. Where permitted to resend another user’s Content, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Registered User.
- For the purposes of troubleshooting and debugging, certain administrators employed by Byta Limited may need to inspect data in transit through our systems. This inspection does not confer any rights to archive or disseminate information as a result of this process.
7. Breach of these Terms or Infringement of any rights
- Byta, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
8. Ownership, use and intellectual property rights
- Trade marks: BYTA and BYTA logo are our trademarks. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
- All such software is solely for your personal use in a non-commercial manner.
- Our platform incorporates software under license from Fraunhofer SIT
10. Submitting information to the Site
While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
11. Accuracy of information and availability of the Site
- While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
- We may suspend or terminate operation of the Site at any time as we see fit.
- Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
- While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
12. Hyperlinks and third party sites
13. Disclaimer and Warranties
- THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BTYA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. BYTA DOES NOT WARRANT THAT THE PLATFORM, ANY OF THE PLATFORM' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- BYTA DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BYTA SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, BYTA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
- BYTA, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "BYTA ENTITIES AND INDIVIDUALS") SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE PLATFORM OR ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
- THE BYTA ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BYTA'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY BYTA AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY BYTA WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
15. Limitation on our liability
- Except for:
- death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
16. Events beyond our control
We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
17. Rights of third parties
20. Other important terms
- We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.