Terms and Conditions
– Sound.com

Please read these terms and conditions and other documents referred to in this agreement (such as our Privacy Policy) carefully since it affects your legal rights.

1. General

These general Terms and Conditions ("Terms and Conditions") apply to the use of this website, sound.com, including Sound.com, LLC's online music catalogue service (the "Service"), any software applications or access to any content or material made available by Sound.com, LLC (“we,” “us,” “our,” or “Sound.com”). When visiting our website, these Terms and Conditions and our Privacy Policy applies to your use.

Please note that any and all use of the music provided within the Service may be subject to a separate music license agreement (either between you and Sound.com or between Sound.com and one of our partners that allows you to use the music) which regulates your right to use and distribute the music. More information about the different licenses and subscriptions that Sound.com offers can be found on the website or, by contacting us at: contact@sound.com

Sound.com reserves the right, at its full discretion, to modify these Terms and Conditions at any time. Your continued use of the Service after such modification is valid as consent thereto. Do check the website regularly to verify whether these Terms and Conditions or other document referred to herein have been modified.

THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES.
BY VISITING THIS WEBSITE AND/OR USING THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THEREIN REFERRED TO DOCUMENTS. IF YOU DO NOT ACCEPT TO ABIDE BY THESE TERMS AND CONDITIONS (OR CANNOT COMPLY WITH THEN) YOU MAY NOT USE THE SERVICE, THE WEBSITE OR ACCESS ANY CONTENT.
2. The Service and General Limitations of Use

The Service is an online music catalogue service, by which Sound.com makes available digital music files (collectively as well as any part thereof "Content") for the purpose to be used under the terms and conditions as set out in these Terms and Conditions and the applicable music license agreement.

You access the Service from Sound.com's online interface. The Service is available for entities and persons that have registered and created user accounts to the Service. You will also have to have the power to enter into a binding contract (i.e. be of mental capacity to enter into binding agreements, not personally bankrupt etc.) and not be barred from doing so under any applicable law.

The assortment of Content may be amended at all times by Sound.com, with or without any notice to you. You accept that the Content that is available might not be available at a later stage.

Content types and descriptions, such as genres, categories etc., are provided for your convenience only and Sound.com does not guarantee their accuracy.

You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more requests to Sound.com or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.

You agree to only download Content in accordance with the restrictions applicable to your account

3. How to Access the Service and Your Account

In order to use the Service you must create a personal account and register as user by following the instructions that are further specified in the user registration form. Your account will contain basic account information including username and password. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and Sound.com reserves the right to test and to verify this at any time. You are not allowed to have more than one personal account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data

You must notify Sound.com immediately of any breach of security or unauthorized use of your Sound.com account that you become aware of.

You agree that you will be solely responsible (to Sound.com, and to others) for all activity that occurs under your Sound.com account.

4. Fees, Trials, Payments etc.

If you choose to purchase/subscribe the Service provided on the website, you agree to pay all fees associated with the Service. The website does not process credit cards or take other payment processing information. Payment processing is handled through third-party services, such as Stripe. In the event you sign up for a subscription to the Service, such charges will be billed on a monthly or yearly basis.

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Service you have purchased/subscribed to, you agree that we may, at our option, suspend or terminate performance the Service and may require you to pay any overdue amounts incurred (including any third- party chargeback fees or penalties) by other means acceptable to us.

If you have received a discount code or free offer/a free trial period provided by Sound.com or from a third party acting on behalf of Sound.com for access to a paid Service, separate additional terms and conditions for such offer may also apply to such access to the Service and you must agree to comply with such terms in order to be able to use the Service

If you have been offered a free trial, Sound.com reserves the right, in its sole discretion, to determine your eligibility for a trial, and if you’re determined not to be eligible, modify the trial at any time with prior written notice. For some trials we require you to provide payment details to start the trial. At the end of such trial, and if you have not decided to terminate the agreement, Sound.com will automatically start to charge for such provided Service.

Unless otherwise stated in writing, Sound.com abides by a strict, no refund policy. By accepting these Terms and Conditions, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services.

5. Intellectual Property Rights

You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms and Conditions and under the applicable music license agreement

All content available through the Service and on the website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Sound.com.

Except for the rights expressly granted to you in the applicable music license agreement and in these Terms and Conditions, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Sound.com or its licensors. Under no circumstances do Sound.com transfer any right, title, or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content.

Please note that you may not use the Content in connection with any material or otherwise in a manner or context that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Content. You shall comply with any applicable laws and regulations. Moreover, you may not use the Content in connection with sensitive subjects without the prior written consent of Sound.com. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like.

Please also note that you are not allowed to upload or otherwise exploit the Content provided in the Service as stand-alone files (for example, uploading the track to any kind of distribution platform or otherwise distributing a track as a full-length (or shortened) file, on its own or with a just background picture and/or just the name of the artist/track).

6. Use of Computer Resources

You agree that Sound.com has the right to allow the Service to make use of the storage hardware, processor and bandwidth of your Internet connection, computer, game console, work station or similar media device; however, only as reasonably necessary to provide the Service.

If you are connected to the Internet in a foreign country the Service may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, workstation or similar media device. As a consequence, extra charges from your Internet Service Provider ("ISP") may be brought on you. Check with your ISP for further details. By using the Service, you agree to take responsibility for these extra charges towards your ISP and you agree to indemnify Sound.com for any third party claims due to the extra charges from your ISP referable to you.

7. Third Party Applications

The Service and website may be integrated with third party applications, websites, and other services to make the Service and Content available to you as a user. These third-party applications may have their own terms and conditions of use etc., and your use of these third-party applications will therefore be subject to the applicable terms and conditions for such third-party provider. Sound.com is not responsible or liable for behavior, content or features of any third-party application.

8. Advertisement

You may separately have accepted to be exposed to commercial messages, newsletters and advertisement sent by Sound.com when using the Service. If you do not want to be notified about these offers or news you may always opt-out from such information by following the instructions in each notification which you receive.

9. Privacy and Personal Data

Sound.com process personal data about you and your use of the Service in accordance with Sound.com's Privacy Policy.

10. YouTube API Services

Sound.com’s API Client uses YouTube API Services. If you are using our Service on YouTube, you hereby by agreeing to our Privacy Policy also certify that you have read and agree to YouTube’s General Terms of Service and Google’s Privacy Policy.

11. Service Level and Disclaimer

Sound.com will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions

Sound.com is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Sound.com's control.

Sound.com will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. Sound.com will try to arrange updates and maintenance outside of peak usage hours.

THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW SOUND.COM MAKES NO WARRANTY, REPRESENTATION, EXPRESS OR IMPLIED, AND/OR DISCLAIMER AS REGARDS TO THE AVAILABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, CONTENT OR OTHER DATA PROVIDED AND THE QUALITY OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ALSO ACKNOWLEDGE THAT FREEDOM FROM PROGRAM ERRORS CANNOT BE OBTAINED IN THE SOFTWARE INDUSTRY. NEITHER SOUND.COM NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
SOUND.COM (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SHALL IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY DAMAGES AS A CONSEQUENCE OF SHUTDOWN, LOSS OF OR EFFECT ON DATA, LOSS OF PROFIT, AND CLAIMS FOR DAMAGES BY A THIRD PARTY OR OTHER INDIRECT INJURY

Sound.com reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and Sound.com shall have no liability to you if Sound.com exercises such rights.

12. Indemnity

Upon request by Sound.com, you agree to indemnify, defend and hold Sound.com harmless (including, but not limited to, contractors, officers, members, managers, directors, representatives, licensors, agents, and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your use or misuse of the Service in a manner not in strict conformance with these Terms and Conditions.

Furthermore, Sound.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Sound.com in asserting any available defenses.

13. Limitation
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY SOFTWARE/CONTENT AND TO STOP USING THE SERVICE AND/OR WEBSITE. WHILE SOUND.COM ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SOUND.COM, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOUND.COM, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SOUND.COM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SOUND.COM DURING THE PRIOR THREE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
14. Terms and Termination

These Terms and Conditions will continue to be in force until terminated by you or Sound.com.

If you terminate your account, or if you violate these Terms and Conditions or any thereto related documents, your right to use the Service and access to Content will immediately terminate. Sound.com may further, at its sole discretion, terminate your account and your access to the Service with 2 weeks’ notice.

15. Assignment

Sound.com is entitled to in whole or in part assign its rights and obligations under these Terms and Conditions to a third party. You may not assign these Terms and Conditions to any party

16. Partial Invalidity

If any provision of these Terms and Conditions shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms and Conditions shall not be affected thereby. Each provision of these Terms and Conditions shall be valid and enforced to the fullest extent permitted by law.

17. Governing Law and Arbitration

New Jersey shall apply to these Terms and Conditions, without giving effect to any rules or principles of conflict-of-law.

Any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before one arbitrator sitting in Middlesex County, New Jersey. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of New Jersey. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own attorneys’ fees in connection with any such arbitration proceedings; provided that, we shall evenly split the arbitrator’s fees and any administration fees charged by the AAA. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 17 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms and Conditions. If any provision of this Paragraph is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced. For the avoidance of doubt, you hereby agree to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum.

Sound.com has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.

18. Copyright Infringement Notification Policy

We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

If you believe that you or someone else’s copyright has been infringed by Content provided on the website, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on the website is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

  • Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
  • Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
  • The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address)
  • A statement that the Rights Holder has a good faith belief that the use of the material identified above in bullet 1 is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
  • The Rights Holder’s electronic signature.

Counter-Notification. If Content has been taken down, an affected party may file a counter-notification that contains the following details:

  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled;
  • A statement, under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the material in question;
  • Your name, address and telephone number;
  • A statement that you consent to the jurisdiction of federal district court with jurisdiction over Middlesex County, New Jersey, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
  • Your physical or electronic signature.

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified Content from our website without liability to you or any other party.

Notification. In each case under this Section 18, notices may be sent to Sound.com at the address provided in Section 19 below

19. Additional Information or Questions

If you would like to receive further information regarding the Terms and Conditions, you are more than welcome to contact us via the contact details provided below.

Sound.com, LLC

Email: contact@sound.com