Introduction - Purpose
SoundSnap is an online platform for downloading a wide variety of downloadable sounds. Audio is intrinsic to every presentation, short film, website, science project etc and the capacity to search through and licence publicly available audio clips and samples encourages the continuation of experimentation and creation.
These Terms of Service apply to all visitors and users of the SoundSnap website, including members who have paid a membership fee.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SoundSnap website is not intended for children under 13.
Children under the age of 13 are not permitted to use SoundSnap and no part of the website is directed to children under the age of 13. If you are under the age of 13 please do not use this website.
User Accounts & Submissions
In order to access some features of the website or download sounds, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SoundSnap immediately of any breach of security or unauthorized use of your account. Although SoundSnap will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SoundSnap or others due to such unauthorized use.
You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent and warrant that you own or have all the necessary licences, copyrights, consents, and permissions to use and authorize SoundSnap to use any sound clip that you submit in the manner contemplated by the website and these Terms of Service.
For clarity, you retain all of your ownership rights in your user submissions. However, by submitting any audio clip to SoundSnap, you hereby grant SoundSnap a worldwide, non-exclusive, royalty-free, sublicence able and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with the SoundSnap website and SoundSnap's (and its successor's) business, including without limitation for promoting and redistributing part or all of the SoundSnap website (and derivative works thereof) in any media formats and through any media channels.
Billing and Subscriptions
If you choose to purchase a subscription to the website, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. If you choose to subscribe to one of our subscription plans, your credit card will be charged based on the cost of the service as then set forth on the website from time to time. Your charge will be authorized and charged at the time you order. You will be notified by email prior to the end of your chosen subscription term that your subscription will automatically terminate and you will then have the opportunity to renew. Soundsnap reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected users of any such changes. You agree to promptly provide Soundsnap with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, and credit card expiration date.
Purchases from Soundsnap may be refunded within 15 days under the following conditions: 1) The refund is perceived to be requested in good faith. 2) For annual subscribers - the user has not already downloaded an excessive number of sounds on their account 3) For 5, 20, 100 and 200 sound accounts - the user has not downloaded the full run of their subscription.
You are prohibited from any use of the website or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the website; and (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any website content without the prior expressed permission of Soundsnap. You may not consummate any transaction on the website, or that was initiated using our service, that could cause us to violate any applicable law, statute, ordinance or regulation.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website in a manner that sends more request messages to the SoundSnap servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, SoundSnap grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SoundSnap reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their user submissions.
You also hereby grant each user of the SoundSnap website a worldwide, royalty-free, non-exclusive, perpetual licence (the SoundSnap Licence) to access your audio submissions through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the website and under these Terms of Service.
Intellectual Property and License
SoundSnap respects and supports copyright laws and strongly believes that the creator’s creativity and originality must be protected and awarded. Also, we understand that the flow and dissemination of information, knowledge and art is for the best. For this reason, we have developed SoundSnap, a platform for the exchange of audio samples that may be used by the visitors of the website for their projects. You acknowledge and agree that all downloads from Soundsnap are governed by the Soundsnap Licence.
The SoundSnap platform provides audio designers, sound artists and musicians the ability to share some of their work with the public. SoundSnap itself does not own or create any of the sounds that appear on its website and cannot take any responsibility whatsoever in relation to them. The creators themselves have the choice to upload an audio clip onto the SoundSnap website nevertheless they remain the owners of their copyright.
You expressly agree that you will not: (i) submit material that is protected by copyright or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SoundSnap all of the licence rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SoundSnap or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
SoundSnap does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and SoundSnap expressly disclaims any and all liability in connection with user submissions.
SoundSnap does not permit copyright infringing activities and infringement of intellectual property rights on its website, and SoundSnap will remove content if properly notified that such content infringes on another's intellectual property rights. SoundSnap reserves the right to remove content without prior notice. SoundSnap will also terminate a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the website more than twice. SoundSnap also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SoundSnap may remove such content and/or terminate a user's access to the website for such activities that are in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Report a Sound
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to SoundSnap website with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SoundSnap's designated representative to receive notifications of claimed infringement is Anastasios Frantzolas, resident of 6, V. Amalias Str., Kifisia 14561, Athens, Greece.
You agree that your use of the SoundSnap website shall be at your sole risk. To the fullest extent permitted by law, SoundSnap, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with sounds of the website, the website itself and your use thereof. SoundSnap makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the SoundSnap website. SoundSnap does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the SoundSnap website or any hyperlinked website or featured in any banner or other advertising, and SoundSnap will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall SoundSnap, it’s officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, af any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, trojan horses, or the like, which may transmitted to or through our website by any third party and/or (vi) any errors of omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the SoundSnap website, whether base or warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, the foregoing limitation of liability shall apply to fullest extent by law in the applicable jurisdiction.
You specifically acknowledge that SoundSnap shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The website is controlled and offered by SoundSnap from its facilities in Cyprus. SoundSnap makes no representations that the SoundSnap website is appropriate or available for use in other locations. Those who access or use the SoundSnap website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Because SoundSnap is an online platform for the exchange of audio samples between sound designers, filmmakers, web designers, sound artists, music producers and anyone else, if a dispute arises between one or more users, each of you release SoundSnap, our officers, directors, agents, employees, and contractors for claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver, this agreement would not have been entered into by SoundSnap.
You agree to defend, indemnify and hold harmless SoundSnap, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SoundSnap website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the SoundSnap website.
You agree that: (i) the SoundSnap website shall be deemed solely based in Cyprus; and (ii) the SoundSnap website shall be deemed a passive website that does not give rise to personal jurisdiction over SoundSnap, either specific or general, in jurisdictions other than Cyprus. These Terms of Service shall be governed by the internal substantive laws of Cyprus, without respect to its conflict of laws principles. Any claim or dispute between you and SoundSnap that arises in whole or in part from the SoundSnap website shall be decided exclusively by a court of competent jurisdiction located in Cyprus.
These Terms of Service, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by SoundSnap without restriction.
These Terms of Service, together with the Privacy Notice at http://www.SoundSnap.com/privacy, the SoundSnap Licence at http://www.SoundSnap.com/licence and any other legal notices published by SoundSnap on the website, shall constitute the entire agreement between you and SoundSnap concerning the SoundSnap website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SoundSnap's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
SoundSnap reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the SoundSnap website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
You and SoundSnap agree that any cause of action arising out of or related to the SoundSnap website must commence within one (1) year after the cause of action accrues. After one year, the cause of action is permanently barred.