Soundcircles

Terms of Service

Please read these Terms carefully; if you visit, access or use the Platform Services you agree to be bound by these Terms which apply in conjunction with our Community Rules and Privacy Policy, which are incorporated here by reference. If your Soundcircles have been taken down or your account was removed, you've likely breached one of these rules.

Hi, welcome to Soundcircles! Our products and Company are provided by AlZack Ltd ( “Company”, “we”, “us” or “our”) This is a legal agreement (“Terms”) between you and Company, which you accept when you sign up, download, access, or otherwise use our i) mobile applications (“Apps”); ii) websites (“Websites”), iii) other products or services; and (iv) any extensions or derivatives of our Website or any part thereof (including any APIs, pixels, tags, cookies, iFrames, scripts or any other software components necessary to enable connection to the Website) which may be embedded on third party websites, blogs, social networking platforms, applications or other third party online services (the “Embedded Items”), collectively the “Platform Services”. If you do not agree to these Terms, do not use the Platform Services.

Compliance with Laws

You may use our Platform Services only in compliance with these Terms and all applicable laws and regulations. Some of our Platform Services may include software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Platform Services, and these Terms will apply to such upgrades.

Age Restrictions

Any use or access of the Services by anyone under the age of 13 is strictly prohibited. If you are over 13, but still a minor or lack the legal capacity to enter into a contract where you live, you must have a parent or legal guardian’s permission to use the Services, and your parent or legal guardian must agree to be bound by these Terms on your behalf.

Modification of Services

We reserve the right to modify or discontinue, temporarily or permanently, the Platform Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Platform Services or any part thereof.

Third-Party Links, Sites and Services

You understand that when using our Platform Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. You expressly waive any legal or equitable rights or remedies you may have against the Company with respect to your use of or exposure to any content.

Fees and Charges

We currently provide our Services free of charge, but please be aware that your Internet Service Provider or mobile carrier’s normal rates and fees may apply to your use of the Platform Service. You are solely responsible for such charges and fees.

Feedback

While we welcome your feedback on our application, to avoid any misunderstandings we can’t accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Company is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability.

License to Your Content

The Company’s product and services allow you to send and/or publicly post and share content, including photos, audio commentary, and other materials. Anything that you post or otherwise make available on the Platform Services is referred to as "User Content.” When you create, publish, post, upload or contribute User Content to our Platform Services, such User Content belongs to you, and you agree to grant the Company (and its successors' and affiliates') an irrevocable, non-exclusive, worldwide, transferable, perpetual, royalty-free, sub-licensable license to:

You also hereby grant each user of the Platform Services a non-exclusive license to access your User Content through the Platform Services, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Services and under these Terms. You understand that the Company does not guarantee any confidentiality with respect to any User Content you submit to us.

You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Platform Services. You affirm, represent, and warrant that you own or have the necessary rights, licenses, permissions, and consents necessary to publish any User Content you submit. You further agree that all User Content you submit to the Platform Services will not contain third party copyrighted material, or material that is subject to other third party proprietary or other rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant the Company all of the rights granted herein.

Following termination or deactivation of your account, or if you remove any User Content from the Platform Services, the licenses you have granted herein shall expire within a commercially reasonable period of time. However, we may retain your User Content for backup, archival, or audit purposes indefinitely.

We value input from our users, and are always interested in learning about ways we can make the Services even better. If you choose to submit comments, ideas, or feedback, you hereby agree that we are free to use them without any restriction or compensation to you. By accepting your submission, the Company does not waive any rights to use similar or related feedback previously known to us, or developed by its employees, or obtained from sources other than you.

Prohibited Content

You must use the Platform Services in a manner consistent with any and all applicable laws and regulations. The Platform Services are a place for free expression and creativity. However, some types of content are not appropriate. The following types of content are not allowed on the Platform Services (“Prohibited Content”):

  1. Content involving children (anyone under the age of 18) in a sexually suggestive, violent, or pornographic manner. We take child exploitation very seriously and will report you to the authorities;
  2. Content promoting information that you know is false or misleading or promotes illegal activities or conduct that is threatening, intimidating, obscene, abusive, defamatory, or libelous;
  3. Content that poses or creates a privacy or security risk to any person;
  4. Content that is pornographic or promotes or condones racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  5. Content that harasses or advocates harassment of another person;
  6. Content that is intentionally or shockingly violent, gory, sensational, or disrespectful;
  7. Content that solicits passwords or personal identifying information for commercial or unlawful purposes;
  8. Content that violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person or entity.

We have the right, but not the obligation, to remove or modify User Content for any reason, including User Content that we believe constitutes Prohibited Content, or violates these Terms or our policies. If you post Prohibited Content, as decided in our sole discretion, we may ban you and report you to the authorities in appropriate circumstances.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

  1. violate or encourage others to violate any applicable law;
  2. use content obtained from Alzack or via the Platform Services for commercial purposes;
  3. assign, sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;
  4. violate or attempt to violate any security feature of the Platform Services;
  5. damage, disable, overburden or impair the Platform Services or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
  6. modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the hidden scripting or source code Alzack uses to provide the Services;
  7. modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Platform Services except by using functionality provided by us;
  8. engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the Platform Service;
  9. harm minors in any way or solicit personal information from or about a minor;
  10. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  11. upload, download, post, email, transmit or otherwise make available any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  12. post unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
  13. infringe any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.

You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.

Copyright Policy and Procedures

Alzack Ltd is a UK company and operates under UK law.

We respect the intellectual property rights of others and expects its users to do the same. It is our policy to terminate the account of any user we determine, in our sole discretion, to be a repeat infringer of copyrights.

All media on Soundcircles products and services is either: licensed by Alzack Ltd; submitted by users; or readily available and believed to be in the public domain.

In the interests of protecting copyright holders we will act expeditiously to remove any content as soon as we have actual knowledge that it infringes copyright. The Platform Service includes a ‘Report’ feature so rights holders and their agents can easily notify us of any potential infringement.

If you are a copyright owner of a photograph, image, or other material that appears on any of our Products or Services, which you claim violates your copyright and would like to request its removal, please either use the ‘Report’ feature and follow prompts or notify us on the following email address: reportinfringement@soundcircles.com

If you are the owner of a trademark displayed on our Products and Services or are authorized to act on behalf of the owner and would like to request its removal, please either use the ‘Report’ feature and follow prompts or notify us on the following email address: reportinfringement@soundcircles.com

Account Security

Upon creating an account on any of the Platform Services, you accept all responsibility for any activity that occurs while logged into your account. If you create an account with us, you must provide us with accurate and complete information. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. You may never use another person’s account without their express permission.

Termination

We will terminate your account if we determine you to be a repeat infringer of copyrights. We may also terminate your account without prior notice under appropriate circumstances if you violate these Terms, or for any other reason, in our sole discretion. Company shall not be liable to you or any third party for any termination of your access to the Platform Services. You agree that upon termination of your account, we may delete all files and information related to your account, if any, without any obligation to archive/store or return/transmit to you any such files and/or information.

Modifications to this Agreement

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this in a way that materially changes your rights, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you by sending you an email to the last email address you provided to us. Therefore, we encourage you to notify us of any changes in your email address. Any material changes to this Agreement will be effective upon the earlier of the dispatch of the email notice to you or the date of posting of notice of the changes on this page. These changes will be effective immediately for new users of the Platform Services. We may require you to provide consent to the updated Terms before further use of the Platform Services is permitted. Otherwise, your continued use of the Platform Services after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to the amended Terms, you must stop using the Services. However, any dispute that arose before the changes shall be governed by the Terms (including the individual arbitration clause below) that were in place when the dispute arose.

NO WARRANTIES:

THE MATERIALS AND CONTENT CONTAINED IN THE SITE AND THE APP, AND THE SERVICE PROVIDED BY THE COMPANY, ARE PROVIDED "AS IS." THE COMPANY, THROUGH AND TOGETHER WITH ITS DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND AFFILIATED ENTITIES (COLLECTIVELY, THE "ALZACK AFFILIATES" AND EACH, AN "ALZACK AFFILIATE") MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT OR SERVICE WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE COMPANY AND ITS AFFILIATES DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL ANY ALZACK AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY ALZACK AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF THE SERVICE BY ALZACK. YOU AND THE COMPANY AGREE THAT THIS SECTION, "LIMITATION OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ALZACK. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ALZACK WOULD NOT PROVIDE THE SERVICE TO YOU. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

INDEMNITY:

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS; EMPLOYEES, AGENTS, CUSTOMERS, PARTNERS AND LICENSORS HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, COSTS, EXPENSES OR DAMAGES (INCLUDING LEGAL FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICE OR VIOLATION OF THE TERMS, (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT, (C) USER CONTENT AND OHTER CONTENT YOU SUBMIT, POST, TRANSMIT, LINK OR OTHERIWISE MAKE AVAILABLE ON OR THROUGH THE PLATFORM SERVICES, (D) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT, VIOLATION OF ANY PROPERTY RIGHT, VIOLATION OF ANY PROPRIETARY RIGHT, OR INVASION OF ANY PRIVACY OR SIMILAR RIGHT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY ALZACK AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

App Store Notice

When you download our Apps, you may do so through a third party’s App Store. You acknowledge that these Terms are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Platform Services, including any App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App downloaded through a third party app store (e.g. Apple, Android) (“App Store Sourced Application”):

  1. Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.
  2. You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
  4. You and we acknowledge that, as between Company and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and the App Store Owner, Company, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  6. You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third- party beneficiary thereof.
  7. Without limiting any other terms herein, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

In the event of any dispute, we ask that you contact us first and attempt to resolve any dispute you have with us informally by contacting us at admin@soundcircles.com.

Entire Agreement; Severability

These Terms and any documents referenced herein constitute the entire agreement between you and Company in connection with the Platform Services. Except as otherwise provided in these Terms, these Terms may only be modified in a writing signed by an authorized officer of Company. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and, in any event, the remaining provisions of these Terms will remain in full force and effect.

Assignment; Waiver

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Alzack’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Governing Law;

Jurisdiction and Venue This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY.


Community rules

No porn

No pornography or sexually explicit nudity. No judgment if porn is your thing. Artistic NSFW content is okay, but nothing that’s intended to stimulate people, um, down there. Not sure if your video is porn or art? It’s probably porn. Don’t upload it on Soundcircles.

No hate speech

No images or audio that promote racism, bigotry, physical harm of any kind against any group or individual.

Don't share others' personal information

Don’t share someone else’s personal info (phone number, email address, home address, etc) unless you have their explicit permission to do so.

No spam

This includes clickbait, advertisements, scams, automated postings, irrelevant comments, etc.

No stolen content

Don’t upload audio or images if you don’t hold the copyright or permission to share it. If you didn’t make the audio or image, and you don’t have permission from whoever did, then you probably aren’t the copyright owner.

Help us build community:

Flag content that you think violates these Rules or our Terms of Use. Our goal is to build the world’s most creator-friendly audio community, and we rely on people like you to make this possible by reporting offensive users and inappropriate content.

Respect our Terms of Use

Please comply with our terms of use while using Soundcircles and help us keep everything here above board.

To access Terms and Conditions at any time please visit http://www.soundcircles.com/terms.