(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.
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 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).
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
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
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.
(12) Entire Agreement
(14) Binding Effect
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.
(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