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Terms of Use

Company Details:

Soundmade ApS
Baldersgade 4
2200 Copenhagen N
Denmark

 

When you access or use the Soundmade website, the Soundmade service, or any applications (including mobile applications) provided by Soundmade (collectively referred to as “the Service”), you agree that, regardless of access method and user type, you are bound by Soundmade’s terms of use, privacy policy, community rules, and terms of payment. The Service is owned and controlled by Soundmade ApS, Baldersgade 4, 2200 Copenhagen N. These terms of use affect your legal rights and obligations. Accepting these terms of use is a requirement to access the Service. There may be situations where we offer special features with their respective independent terms and conditions that apply beyond these terms of use. To the extent that the terms and conditions of such special features conflict with these terms of use, the terms and conditions of the special features shall be applicable.

Basic Terms

  1. You must be at least 18 years old to use the Service, unless your national law or jurisdiction indicates that a lower minimum age is legal, or you have sent Soundmade a legal consent document from your legal guardians.
  2. You may not use the Service to disclose images, text, or other content that is violent, contains nudity or partial nudity, is discriminatory, illegal, offensive, defamatory, hateful, pornographic, or has sexual undertones.
  3. To use the Service, you must create or verify your account using your Facebook account, LinkedIn account, or Google account, or by signing up with Apple or personal email. In this regard, you acknowledge that Soundmade will have access to some of your personal data on your Facebook account, LinkedIn account, or Google account, including, but not limited to, your public profile and access to friends or connections you have with other Soundmade users.
  4. You are responsible for any activity on your account, and you agree to keep your username and password confidential. You will not sell, transfer, grant rights to, or delegate your account, followers, username, or office rights. With the exception of individuals or companies expressly authorized to create accounts on behalf of their employees or customers, you agree that you will not create an account for anyone other than yourself. You also warrant that any information you disclose to Soundmade during registration is accurate and current, and you will keep your information accurate, current, and up to date. If you suspect that someone has gained unauthorized access to your account or is misusing your name or company, please contact [email protected] immediately.
  5. You agree that you will not seek, collect, or use login information of other Soundmade users.
  6. You may not stalk, harass, abuse, impersonate, or intimidate persons or entities, and you may not disclose private or confidential information publicly through the Service, including, but not limited to, your or others’ credit card information, personally identifiable information, social security numbers, or similar national ID numbers, non-public telephone numbers, or non-public email addresses.
            6.(a)You agree that you are responsible for your interactions with other Soundmade users, both on and off the Service. Soundmade does not control any Soundmade user’s criminal background and does not represent, warrant, or impose any obligations on Soundmade users, including, but not limited to, their conduct and actions.
  7. You may not use the Service for illegal or unauthorized purposes. You agree to comply with all applicable laws, regulations, and rules (including international, European, state, national, and local laws) that apply to your use of the Service and your content, including, but not limited to, copyright laws, intellectual property rights, employment law, personal data regulations, criminal law, and any applicable food law.
  8. You are solely responsible for your conduct and any data, text files, information, images, graphics, profiles, audio and video clips, musical works, applications, links, and other content or material (collectively referred to as “Content”) that you submit, display, or show on or through the Service.
  9. You guarantee that you own the Content you access through the Service or otherwise have the right to assign the rights and licenses to the Content specified in these terms of use. Your posts and your use of your Content on or through the Service do not violate or infringe upon third-party rights, including, without limitation, privacy, publicity, copyright, trademarks, and/or other intellectual property rights. You agree to pay all royalties, fees, taxes, VAT, and any other amounts related to the Content you access through the Service, and that you have the legal right and capacity to accept these terms of use in your jurisdiction. By accessing Soundmade’s services, you grant Soundmade a full, non-exclusive, royalty-free license to market, promote, and display your brand, logo, and company name on Soundmade’s website, services, social media, and other promotional materials. If you wish to revoke this license, please contact [email protected].
  10. You may not edit, modify, adapt, or alter the Service or other websites to give a false impression that the services are related to Soundmade’s services or Soundmade in general.
  11. You may not access Soundmade’s private API using methods other than those allowed by Soundmade. Using Soundmade’s API is subject to a separate set of terms, which can be found below.
  12. You must not create or submit unwanted email, chat, comments, “likes,” or other forms of commercial or harassing communications (“spam” or “trolling”) to other Soundmade users.
  13. You may not use domain names or URLs in your username without the prior written consent of Soundmade or any third party.
  14. Soundmade reserves the right to cancel any username for any reason. Soundmade is entitled to, but not required to, remove, edit, block, and/or monitor content or accounts that, in Soundmade’s discretion, violate these terms of use.
  15. You may not interfere with or interrupt the Service, servers, or networks used by the Service, including through the transmission of worms, viruses, spyware, malware, or any other malicious or degrading code. You may not insert content or code or otherwise change or interfere with the reproduction or display of Soundmade pages in a user’s browser or on a user’s device.
  16. You may not use the Service to create accounts using unauthorized funds, including, but not limited to, using an automatic device, script, bot, spider, crawler, or scraper.
  17. You must not try to prevent others from using or benefiting from the Service, and you must not encourage or allow any violation of these terms of use or other Soundmade terms.
  18. In the event of a violation of these terms of use or Soundmade’s other terms, Soundmade is entitled, at its sole discretion, to close your Soundmade account. You understand and agree that Soundmade cannot or will not be held liable for the content accessed through the Service and that you use the Service at your own risk. If you violate these terms of use or otherwise expose Soundmade to risk or potential legal exposure, Soundmade may prevent you from using all or part of the Service.
  19. You agree that Soundmade may contact you without further consent regarding offers related to products and promotions in the app.
  20. You agree that you are responsible for maintaining all data obligations imposed upon you in connection with your use of the Service.

Other Terms and Conditions

You agree that Soundmade ApS is not responsible for, and does not accept, content that is accessed by the Service. Soundmade ApS is not required to screen, monitor, edit, or remove content. If your content violates these Terms of Use, you are legally responsible for the content in question. Soundmade ApS cannot be held liable for any illegal content on its services uploaded or shared by its users.

Soundmade ApS reserves the right to remove any content from the Service for any reason and without prior notice. Content removed from the service may still be stored by Soundmade ApS. These situations are described in more detail in Soundmade ApS’s policy on the protection of personal data. Soundmade ApS reserves the right to change or terminate the Service or your access to the Service at any time for any reason and without prior notice and liability to you if Soundmade ApS deems it necessary. If Soundmade ApS closes your access to the service or disables your account, your images, matches, and other data are no longer available through your account (for example, users cannot navigate to your username and view your photos).
 
In the event of closure, all of the rights of use and other rights that you have been granted under these Terms of Use will expire immediately. In case of purchases via the service, Soundmade ApS will automatically terminate your subscriptions, etc. from the day your account closes. You will therefore be able to be billed for a period after your account is de facto closed.

Soundmade ApS reserves the right, at its sole discretion, to make ongoing changes to these Terms of Use (“updated terms”). Soundmade ApS reserves the right to continuously make changes or updates to these Terms of Use or any other Soundmade ApS terms. Soundmade ApS therefore encourages you to review the policy on a regular basis. Soundmade ApS will notify you of any changes or updates, as appropriate, where these are considered significant. With your continued use of Soundmade ApS or the Service, following changes to these Terms of Use, you agree to these changes.
 
You agree that Soundmade ApS has the right to notify you of updated terms by posting them on the service and that, if you use the service after the date of entry into force of the updated terms, you accept the updated Terms. The updated terms and conditions will come into effect when they are posted or on any further specified date that may be specified in the updated terms and conditions and apply to your use of the service from that time. Any disputes that may arise prior to the date of entry into force of the updated terms are subject to these Terms of Use.
 
You are solely responsible for your interaction with other users of the service, both online and offline. You agree that Soundmade ApS is not responsible for or liable for the behavior of other users. Soundmade ApS reserves the right, but is not required, to monitor or interfere in disputes between you and other users. We encourage you to show common sense and judgment when interacting with others, including when sending or retrieving content or any personal or other information.
 
The service or communication you receive from/through the service may contain links to websites or features from third parties. There may also be links to websites or features from third parties in images or comments on the service. There may also be features of the service that allow interaction between the service and a website or a third-party feature, including applications that connect the service or your profile to a website or feature from a third party. Soundmade ApS does not control any third-party web services or related content. You explicitly agree that Soundmade ApS is not in any way responsible for or liable for any services or functions of any third party. All forms of correspondence or business agreements with third parties through the Service are exclusively between you and the third party in question. You may, at your own discretion, choose to use applications that connect the service or your profile
to the service with a Third Party Service (hereinafter referred to as “Application”), and such application may interact with, connect to, or collect and/or retrieve information from and to your profile on the service. By using such applications, you agree and confirm the following:
 
1. If you use an application to share information, you agree to share information about your profile on the service.
2. Your use of an application may result in the disclosure or attachment of information that can identify you personally, even if Soundmade ApS has not provided the information.
3. Your use of the application is at your own discretion and at your own risk, and you are required to identify the Soundmade ApS parties (as defined below) for activity related to the application.

Soundmade ApS does not allow crawling, scraping, caching, and any other access to content on the service through automated methods, including but not limited to user profiles and images (except for standard search engine or technology protocols used by a search engine with Soundmade ApS’s explicit permission).
 
You agree that Soundmade ApS may not always be able to identify paid services, sponsored content, or commercial communications.
 
The service includes content owned by Soundmade ApS, or as Soundmade ApS has a right of use (“Soundmade ApS Content”). Soundmade ApS content is protected by copyright laws, trademarks, patents, trade secrets, etc., and Soundmade ApS owns the Soundmade ApS content and service and all related rights. You may not remove, modify, or conceal any copyright, trademark, service, or other comments regarding patented rights in or in connection with the Soundmade ApS content, and you may not reproduce, modify, adapt, perform, display, publish, distribute, transfer, broadcast, sell, license, or otherwise exploit or derive any derivative works of the Soundmade ApS content.
 
The Soundmade ApS name and logo are trademarks of Soundmade ApS and may not be copied, imitated, or used, either wholly or partially, without Soundmade ApS’s prior written permission, except in accordance with our Fire Safety Guidelines, which are also stated in this policy. In addition, all page headings, custom graphics, button icons, and scripts are service marks, trademarks, and/or trademarks of Soundmade ApS and may not be copied, imitated, or used, wholly or in part, without Soundmade ApS’s prior written permission.
 
It is Soundmade ApS’s intention that the service should be available as much as possible. However, there will be situations where the service may be interrupted, including, but not limited to, scheduled maintenance or upgrades, updates, emergency repairs, or due to errors in the telecommunications lines and/or equipment.

Soundmade ApS is not a backup service, and you agree that you cannot use the backup service or save your content. Soundmade ApS is not responsible for any change, setting, or discontinuation of the service or for lost content. You agree that the Internet is at risk of security breaches and that content or other information sent or stored on the service may not be secure.

Deleting Account

If you no longer wish to be a user on Soundmade ApS, you can either disable or delete your account.

You can disable your Soundmade user under your profile settings via the app. If you wish to delete your account, please send an email to [email protected].

Notification of Infringed Copyrights and Other Intellectual Property Rights
Soundmade ApS respects other people’s rights and expects you to do the same.

Violation of other people’s intellectual property rights will result in immediate deactivation of your account and may ultimately be prosecuted by the offending party.

Soundmade ApS may share your personal information as well as other information regarding a possible violation of any legislation with relevant parties and public authorities, including prosecution, police, municipalities, and similar authorities in other jurisdictions that have a factual and specific interest in the use of the information found/has existed on Soundmade ApS if Soundmade ApS believes in good faith that it is required to disclose this data in accordance with applicable law in that jurisdiction. This includes instant messaging, contact information, etc. By using the service, you agree that you have understood and agreed that your data may be subject to these authorities. You can read more about collecting, processing, and storing your
personal information in Soundmade ApS’s privacy policy.

Disclaimer

The service is delivered as is and as available, with all associated errors and omissions. Neither Soundmade ApS nor their founders, employees, managers, board, or agents (collectively referred to as the “Soundmade ApS Parties,” to the extent permitted by law) provide any kind of warranty or approval, either expressly or implicitly, regarding:


1. The service.
2. Soundmade ApS’s content.
3. Soundmade ApS’s users.
4. User content.

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