Soundation Terms of Use
Last Amended: Oct 2nd, 2018
 
Table of contents
 
1 Introduction
2 The Services
3. The Soundation Platform
4. Warranties and Liabilities
5. Third Party Websites and Services
6. Content and Responsibility
7. Indemnification
8. Data Protection, Privacy and Cookies
9. Competitions and Other Promotions
10. Changes
11. Termination
12. Assignment to Third Parties
13. Severability
14. Entire Agreement
15. Applicable Law and Jurisdiction
16. Disclosures
 
1. Introduction
 
1.1 Welcome to Soundation, a platform and service provided through the company Soundation AB (hereinafter referred to as “Soundation”, “we” “our”, or “us”).
 
1.2 These Terms of Use govern your use of Soundation.com (the “Website”) and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by Soundation now and in the future (the “Services”).
 
1.3 These Terms of Use, together with our separate document on the gathering, use and protection of your personal information (the “Privacy Policy”) and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Soundation in relation to your use of the Website and Services (together, the “Platform”).
 
2. The Services
 
2.1 As a User of Soundation’s services, you will be provided with a . Certain Soundation services are provided to you free-of-charge. Other Soundation services require payment before you can access them. The Soundation services that may be accessed after payment are currently referred to as, for example, “Paid plans” and consist of the introductory “Intro plan”, the intermediate “Power plan” and the high level “Premium plan”. The names, content and rules concerning the plans are subject to change at the discretion of Soundation. The Soundation service that does not require payment is currently referred to as the “Free plan”.
 
2.2 As a visitor to or User of our Services you represent and warrant that you are going to read our Terms of Use, our Privacy Policy, Cookie Policy very carefully. If you, as a User or visitor to our Services, do not agree to any of the provisions set out in those documents, you should not use the Platform. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use, Privacy Policy and Cookies, will abide by them, and that you are either 13 years of age or more or are using the Platform as a part of your school’s Educational Planand consent for usage, which is hereby incorporated in these Terms of Use by reference. By continuing to use our Services you represent and warrant that you have accepted our Terms of Use.
 
3. The Soundation platform
 
3.1 The Services provided by Soundation focus on our Platform. The Platform is an online digital audio workstation that includes a social networking community regarding music production a recording and hosting service aimed at our user base of music enthusiasts from all over the world. Registered users of the Platform may submit, upload and record audio, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by Soundation and may be shared and distributed by other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions. Furthermore, it enables any user of the Website (who may or may not be registered users of the Platform or certain Services) to view, listen to and share Content uploaded and made available by registered users.
 
3.2 Upon registering for our Services, you understand that your access and use of said Services is subject to your strict compliance with these Terms of Use and any applicable guidelines that we may choose to enforce, including, without limitation, the following:
 
Users are not permitted to copy, rip or capture, attempt to copy, republish, reverse engineer, make available or otherwise communicate to the public any other user’s audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of the relevant item of Content and where such Content is Your Content, or as permitted under these Terms of Use and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).With prior written consent from Soundation (i.e. for publication through channels and platforms such as Youtube and Facebook).
 
Users are not permitted to employ any techniques or make use of any services, automated or otherwise, that are designed to misrepresent the popularity of your Content on the Platform, or to misrepresent your activity on the Platform. The definition of what constitutes such illicit techniques will be made at the discretion of Soundation.
 
Users are not permitted to use the Platform to upload, post, store, transmit, display, copy, distribute, promote, or otherwise make available and communicate to the public: any Content that is deemed to be offensive, abusive, libelous, 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, whereas such a decision will be made at Soundation’s reasonable discretion; any information, Content or other material that violates, plagiarizes, 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;
 
any Content that violates, breaches or is contrary to any applicable law, rule, regulation, court order or is otherwise is illegal or unlawful in Soundation’s reasonable opinion; or any material of any kind that contains or may contain any virus, spyware, adware, malware, or other harmful or malicious component, which will or might overburden, impair or disrupt the Platform or its’ servers or networks.
 
When signing up for the Services, you will be asked to first accept our Terms of Use. You must not publish any Content through Soundation if the content is burdened by any restrictions.
 
Users are not permitted to sell or transfer, or offer to sell or transfer, any Soundation account to any third party without the prior written approval of Soundation.
 
Users are not permitted to collect or attempt to collect personal data, or any other kind of information about other users. For more information on the protection of your personal integrity we ask that you read our Privacy Policy.
 
3.3 You, as both a User and Uploader agree to comply with the above conditions, and acknowledge and agree that Soundation has the right, at its sole discretion, to terminate your account or take such other action as Soundation may see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include, but is not limited to, taking court action and/or reporting offending users to the relevant authorities.
 
4. Warranties & Liability
 
4.1 The User hereby represents and warrants to Soundation as follows: Your Content, and each and every part thereof, is an original work by you, or you have obtained all necessary rights, licenses, consents and permissions to use, and (if and where relevant) to authorize Soundation to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, any and all Services and any External Services.
 
Your Content and the availability thereof on the Platform does not now and nor will it at any later point during the time which it is uploaded to the Services, infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
 
You have obtained any and all necessary consent, permission and/or releases from any and all persons appearing or in any other way participating in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any External Services.
 
Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent or aggressive tone, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
 
Your Content does not and will not create any liability on the part of Soundation, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
 
4.2 Soundation reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation. You represent and warrant that You have obtained and/or will obtain any and all necessary and legally enforceable written consent.
 
4.3 You, as a User and Uploader, are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Soundation excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
 
4.4 If you, in your capacity as User and Uploader, discover any Content on the Platform that you believe infringes your (or anybody else’s) copyright or trademark or if you discover Content that infringes or in any way violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, any applicable guidelines that we may choose to enforce or applicable law, please report this to us at legal[at]Soundation.com.
 
5. Third Party Websites and Services
 
5.1 The Platform that you receive membership to through Soundation, may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).
 
5.2 Soundation does not have or maintain any control over nor does it take any responsibility for the External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Soundation does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.5.3 All sounds and loops are royalty free and songs made by Soundation’s users belong to the users with applicable rights unless otherwise specified through this agreement or any other communication through Soundation or its’ Licensing Agreement. In any instance where Soundation initiate activities such as competitions with or through third party actors, the specific sounds and loops included in said activity may only be used for that activity and cannot be used for other projects or activities. The results may not be posted anywhere other than on Soundation’s site or platform without Soundation’s prior written consent.
 
6. Content and Responsibility
 
6.1 Soundation has no legal obligation to monitor the Content on the Platform. However, Soundation reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use or applicable law, or is otherwise unacceptable to Soundation. Any such decision in terms of the nature of the uploaded Content and whether or not it shall be removed will be made at the discretion of Soundation.
 
6.2 All individual Uploaders may have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Soundation shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Soundation or the relevant Uploader. Any such access or lack of access is decided at the discretion of Soundation.6.3 All sounds and loops are royalty free and songs made by Soundation’s users belong to the users with applicable rights unless otherwise specified through this agreement or any other communication through Soundation or its’ Licensing Agreement. In any instance where Soundation initiate activities such as competitions with or through third party actors, the specific sounds and loops included in said activity may only be used for that activity and cannot be used for other projects or activities. The results may not be posted anywhere other than on Soundation’s site or platform without Soundation’s prior written consent.
 
7. Limitation of Liability
 
7.1 In no event shall Soundation’s aggregate liability to you under this agreement exceed the greater of 100 euro or the amounts (if any) paid by you to Soundation during the previous twelve (12) months for the services giving rise to the claim.
 
7.2 Soundation and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:
 
any loss or damage arising from:
your inability to access or use the platform or any part or parts thereof, or to access any content or any external services via the platform; any changes that Soundation may make to the platform or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories; any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the platform, or any action taken as part of an investigation by Soundation or any relevant law enforcement authority regarding your use of the platform; any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content; your failure to provide Soundation with accurate or complete information, or your failure to keep your username or password suitably confidential; any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or any loss of profits, or any loss you suffer which is not a foreseeable consequence of Soundation breaching these Terms of Use. A loss is foreseeable where it could be contemplated by you and Soundation at the time you agree to these Terms of Use, and as such do not include any indirect losses, such as loss of opportunity.Any loss or damages linked to any form of bullying or harassment connected to your membership or usage of Soundation’s platform.
 
7. Indemnification
 
You hereby agree to indemnify, defend and hold harmless Soundation, its successors, assigns, affiliates, agents, directors, officers, employees, partners and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from: any violation by you of these Terms of Use or any applicable guidelines; or any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or External Services in accordance with these Terms of Use.
 
8. Data Protection, Privacy and Cookies
 
All personal data that you as a User and Uploader provide to us in connection with your use of the Platform is collected, stored, used and disclosed by Soundation in accordance with our Privacy Policy and our Cookie Policy.
 
9. Competitions
 
From time to time, some Soundation users may promote various competitions, promotions, prize draws and other similar opportunities on the Platform from third parties (“External Competitions”). Soundation is neither the sponsor nor promoter of these External Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any promotion of these External Competitions. Any participation in such events will be held at the risk of the users and Soundation will not be held liable for any potential damages or losses incurred by the users due to participation in such events.Soundation reserves the right to use user content in our own channels (for example in terms of the site, blog, social media channels and any other Soundation related channels or platforms).
 
10. Changes
 
10.1 Soundation reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof or any other tool provided through Soundation’s Services, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Soundation shall use its reasonable endeavors to notify registered users of such decision in advance. Any such decision will be made at Soundation’s discretion.
 
10.2 You hereby agree that Soundation and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, partners and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that Soundation may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
 
10.3 Soundation may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Paid plans Accounts from time to time.
 
11. Termination
 
11.1 As long as you are not an administrator or teacher entering this Agreement under an Educational Plan, you may terminate this Agreement at any time by sending notice in writing to Soundation AB, Mailbox 2452, S-11175 Stockholm, Sweden confirming such termination, by removing all of your Content from your account, by deleting your account and thereafter by ceasing to use the Platform.
 
11.2 If you have paid for your use of the Services and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.
 
11.3 If you are an administrator or teacher entering this Agreement under an Educational Plan, the term of the Agreement will last until the expiry of your purchased educational licenseand you are responsible for gathering the required consent from guardians You also acknowledge that the term of the Agreement will be automatically renewed on a rolling one (1) year basis unless terminated by an authorized representative upon thirty (30) days’ written notice before the expiry of the relevant license period.
 
11.4 Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Soundation, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests.
 
11.5 You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Soundation assumes no liability for any material that is irretrievably deleted following any termination of your account.
 
11.6 If you wish to delete your account, you will need to do send an email to support@soundation.com.
 
12. Assignment to Third Parties
 
Soundation may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without prior notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Soundation. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Soundation. Any such requests of assignment of rights will be handled at the sole discretion of Soundation.
 
13. Severability
 
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
 
14. Entire Agreement
 
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Soundation with respect to your use of the Platform ), and supersede any prior agreement between you and Soundation. Any modifications to this Agreement must be made in writing.
 
15. Applicable Law and Jurisdiction
 
15.1 Any potential dispute shall be settled in accordance with Swedish Law and at the District Court of Stockholm.
 
15.2 The services hereunder are offered by Soundation AB, a company incorporated under the laws of Sweden and with its main place of business at Stockholm, Sweden. You may contact us by sending correspondence to the foregoing address or by emailing us at support[at]soundation.com.
 
16. Disclosures
Soundation is a platform and service provided through the company Soundation AB, a company incorporated under the laws of Sweden and with its main place of business at Götgatan 15, 116 46 Stockholm, Sweden. You may contact us by sending correspondence to Soundation AB, Mailbox 2452, S-11175 Stockholm, Sweden or by emailing us at support[at]soundation.com.
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