Pricacy Policy - app • NoticeSound

Privacy Policy

 

 

 (1) Introduction 

These Terms of Use govern your use of our app; by using our app, you accept these Terms of Use in full. If you disagree with any part of these Terms of Use, do not use our app.

 

NoticeSound (“NoticeSound”, “we”, “our” or “us”), a business name of NoticeSound BV, Chamber of Commerce number 57557403, provides access to the NoticeSound app, at the url www.noticesound.com and related urls (the “App”), and all current and future services, software and data accessed via the App, including the NoticeSound widgets and the NoticeSound API (the “Services”). The App and the Services are referred to together in these Terms of Use as the “Platform”.

 

 

 (2) Description of the Services

NoticeSound is a music research platform that connects emerging artists to music professionals. It’s all about helping fans discover new music. NoticeSound provides this site as a service to artists and their public: people enjoying music. NoticeSound aims to respect intellectual property law and ensure that artists can exploit their works with the greatest chance of success, at the same time. We respect the intellectual property rights of others and expect the same from you.

 

 

 (3) Intellectual Property Rights

Unless otherwise stated, we or our licensors, affiliates or subsidiaries own the intellectual property rights in the app and material on the app. Subject to the license below, all our intellectual property rights are reserved. No rights to the Content are granted to you.

You acknowledge that the Services contains various materials and content, without limitation, the ‘Content’, provided either by NoticeSound, third party authors, developers and vendors and the underlying intellectual rights, copyright and trademarks are owned by NoticeSound and /or its contributors and may not be copied in whole or in part. You may stream and make personal, non-commercial use of the Content permitted by the Dutch Copyright Act and not otherwise prohibited by any applicable law, rule or regulation; provided that you maintain all copyright and other notices contained in such Content; and provided that you shall not download, retain or store any significant portion of any Content. You will comply with laws regarding transmission of data. You cannot download the Content.

 

(4) License to Use App 

After subscribing as a user (i.e. signing up as a fan), you may swipe content created by you or for which you have received express permission from the owner on the Services so that other users may view said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to NoticeSound and its successors, assigns and licensees, for the sole purpose of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate and archive the Content.

 

You, not NoticeSound, are solely responsible for the Content you upload and store on NoticeSound servers. NoticeSound does not claim any ownership rights in your Content, and you hereby expressly acknowledge and agree that your Content remains your sole responsibility. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that NoticeSound reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates these Terms of Use, Privacy Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages. You control your data through its generated link via your account and/or cookies which may be placed on your computer. NoticeSound maintains multiple copies of active files. NoticeSound bears no responsibility for maintaining your data indefinitely. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although NoticeSound will not be liable for any losses you might suffer, you may be liable for the losses of NoticeSound or others. NoticeSound does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. NoticeSound may, in its sole discretion, correct any errors or omissions in any Content. NoticeSound Content may contain links to external sites; however, NoticeSound is not responsible for any availability of or the content on or through any external site. You are solely responsible for your interactions with other users of the Services. Any views expressed on the app do not reflect the views of NoticeSound.

 

(5) Subscription 

NoticeSound Free Services are available to anyone over the age of 4+. Accounts for business entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. Anyone using NoticeSound Services must comply with the NoticeSound Terms of Use and Privacy Policy. Anyone, including business entities, not in compliance may be removed and banned from the Services without prior notice. NoticeSound reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. These Terms of Use and our Privacy Policy shall survive any termination of your access to the Services.

 

When you register for a user account you will be asked to provide a username and a password. As you will be responsible for all activities that occur under your username and/or password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify NoticeSound. You may be liable for the losses incurred by NoticeSound or others due to any unauthorized use of your account.

 

NoticeSound may, without compensation or proration, cancel your subscription in the event of violation of any condition stated in these Terms of Use.

NoticeSound reserves the right to require payment of fees for certain additional features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on our App in connection with such features.

 

Refund requests are handled on a case-by-case basis. If you feel you are due a refund, contact NoticeSound by email at refund at noticesound dot com.

NoticeSound reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be sent to info at noticesound dot com. Each complaint will be investigated and appropriate action will be taken. NoticeSound may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.

 

 

(6) Limitations of Liability 

You acknowledge that it would be unreasonable to hold us liable in respect of this app and the information on this app.

Whilst we endeavour to ensure that the information on this app is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the app remains available or that the material on this app is kept up-to-date.

 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Neither NoticeSound nor any provider of any third party content warrants that the service will be uninterrupted or error free or make any warranty of the results to be obtained from use of the services or content. Both the services and Content are distributed on an ‘as is, as available’ basis. Neither NoticeSound nor any third party makes any warranties of any kind, either express or implied, including, without limitations, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the services or content or any products or services sold through the services. Neither NoticeSound nor any third party warrant that any files available for downloading or streaming through the services will be free of viruses or similar contamination or destructive features. You agree that you assume all risk as to the quality and performance of the services and the accuracy and completeness of the content. NoticeSound is not responsible or liable for any unauthorized access to or alteration of your content or for any violation of its terms of use or privacy policy.

Light patterns, like those displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.

 

You agree to indemnify, defend and hold NoticeSound and its affiliates, and their respective officers, directors, owners, agents, information providers and licensor’s harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by any NoticeSound Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. NoticeSound reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NoticeSound’s defence of such claim.

 

(7) App Usage 

You must not use our app in any way that causes, or may cause, damage to the app or impairment of the availability or accessibility of the app.

You must not use our app in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our app for any purposes related to marketing without our express written consent.

You must not use our app to copy, publish or send mass mailings or spam.

 

You must not use our app to copy, publish, upload or send material which is illegal or unlawful, or material which could give rise to legal action under Dutch and other applicable law. All material you copy, publish or send via our app or upload to our app must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.

In respect of all material that you post on our app, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.

You agree while using NoticeSound Services, that you may not:

 

 

You agree while using NoticeSound Services to respect the intellectual property rights of others.

We reserve the right to edit or remove any material posted upon our app. Please e-mail reports of any TOU violations to info at noticesound dot com

We may take such action as we deem appropriate to deal with the posting of unsuitable, unlawful or copyright-infringing material, including suspending or canceling your account, restricting your access to our app, or commencing legal proceedings against you.

 

 

 

 

 

 

(8) Copyrights and Copyright Agents 

NoticeSound aims to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the NoticeSound App in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice (“Notice”) which should include the following written information: 1. a statement that you have identified material on the App which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); 2. 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 Notice, a representative list of such works at that site; 3. 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 NoticeSound to locate the material (e.g. a URL and/or screen shot); 4. your full name, email address, postal address and telephone number on which you can be contacted; 5. a statement by you 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; 6. a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and

 

 

  1. a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.

NoticeSound’s agent for notice of claims of copyright infringement on or regarding the App can be reached as follows:

By mail: For: Copyright Agent, NoticeSound, Keizersgracht 672, 1017 ET, Amsterdam, The Netherlands

By email: copyright at NoticeSound dot com

If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to NoticeSound.

 

(9) Linking and Widgets Policy 

You may include links to the App or include widgets in any app under the following criteria: (a) You may link to, but not replicate, the Content; (b) You must not imply that NoticeSound or the Platform are endorsing or sponsoring your app or its products, unless NoticeSound has given its prior written consent; (c) You must not present false information about NoticeSound or its products or services; (d) You must not use any NoticeSound Content or Services except as expressly permitted in these Terms of Use or without prior permission from NoticeSound; (e) The app must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; (f) The app must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights.

By linking to or embedding a widget in a third party app, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the App or embed widgets for any reason in our sole and absolute discretion.

NoticeSound widgets are designed to enable our users to share NoticeSound with their friends. You are strictly prohibited from using any of the NoticeSound widgets for any form of commercial use, unless with prior written consent from NoticeSound. If you are the operator of a commercial app and would like to include NoticeSound widgets in your app, or if you would like to use the widgets for commercial purposes, please contact us by emailing feedback at NoticeSound dot com.

NoticeSound reserves the right to remove links or to block NoticeSound widgets at any time and for any reason in its absolute discretion.

 

 

(10) Third party apps 

The app contains links to other apps. We are not responsible for the content of third party apps. By use of the Services, you expressly relieve NoticeSound from any and all liability arising from your use of any third-party app.

 

(11) Variation 

We may revise these Terms of Use from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

 

(12) Entire Agreement 

These Terms of Use together with our Legal Disclaimer and Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between these Terms of Use and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

 

(13) Severability 

If any provision of these Terms of Use are being held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

 

(14) Binding Effect 

By registering for an account with NoticeSound or using NoticeSound as a visitor, you are signifying that you have read these Terms of Use, that you understand the Terms of Use, and you agree to be bound by these Terms of Use.

Your continued use of the app and any associated services, the ‘Services’, indicates your acceptance of these Terms of Use. If you are dissatisfied with anything related to the NoticeSound app, your sole remedy is to discontinue use of the Services. You use the Services of NoticeSound at your own risk.

No failure in delay in exercising or enforcing this policy shall constitute a waiver of the policy or any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

 

 (15) Language 

The English text of these Terms of Use determines their interpretation. Furthermore, the English text is binding in the event of any difference in content or scope.

Rights can only be derived on the basis of the English version of these Terms of Use.

 

(16) Law and Jurisdiction 

This Agreement is exclusively governed by Dutch law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (private international law).

Disputes shall be settled by the competent court in the District where NoticeSound is established. You hereby agree, and NoticeSound agrees, to submit to the exclusive jurisdiction of the courts in The Netherlands for resolution of any dispute, action or proceeding arising in connection with this Agreement.

NoticeSound also has the right to refer the matter to the competent court in the residence / location of the user.

 

 

(17) Our Contact Details 

You can contact us by

Contact at noticesound dot com

v.1.0.1

 

NOV 2017-11-14