Terms & Conditions

Soundblab.com (Ltd.) Terms of Membership

Soundblab.com is a social networking service that allows it’s Members to create unique personal profiles online in order to find and communicate with like minded individuals who share their love of music.

Eligibility

By using the Soundblab Services, you are confirming and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Soundblab Services does not violate any applicable law or regulations.

Use of and Membership of the Soundblab Services is void where prohibited and your profile may be deleted and your Membership terminated without warning.

Term of the Agreement

This Agreement shall remain in full force and effect while you are a Member or use the Soundblab Services. You may terminate your Membership at any time and Soundblab.com may terminate your Membership at any time, without warning.

Fees

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You acknowledge that Soundblab.com reserves the right to charge for the Soundblab Advertising Services and to change its fees from time to time in its discretion. If Soundblab.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of advertising fees.

Password

When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Soundblab.com immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

Proprietary Rights in Content on Soundblab.com

Soundblab.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Soundblab Services. After posting your Content to the Soundblab Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Soundblab Services, you hereby grant to Soundblab.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the Soundblab Services.

Without this license, Soundblab.com would be unable to provide the Soundblab Services. For example, without the right to modify Member Content, Soundblab.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Soundblab.com could not allow Users to listen to music posted by Members.

The license you grant to Soundblab.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Soundblab.com), fully-paid and royalty-free (meaning that Soundblab.com is not required to pay you for the use on the Soundblab Services of the Content that you post), sublicensable (so that Soundblab.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Soundblab Services), and worldwide (because the Internet and the Soundblab Services are global in reach). This license will terminate at the time you remove your Content from the Soundblab Services. The license does not grant Soundblab.com the right to sell your Content, nor does the license grant Soundblab.com the right to distribute your Content outside of the Soundblab Services.

Content Posted

You are solely responsible for the Content that you post on or through any of the Soundblab Services and should therefore be careful about the information you post and choose to provide to other Users. Soundblab.com does not endorse and has no control over the Content posted and therefore such Content does not necessarily reflect the opinions or policies of Soundblab.com. Soundblab.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of such Content or any material or information that is transmitted between Members.

Soundblab.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Soundblab Services at any time, for any or no reason, with or without prior notice, and without liability.

Soundblab.com may delete any Content that in the sole judgment of Soundblab.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Soundblab.com assumes no responsibility for monitoring the Soundblab Services for inappropriate Content or conduct. If at any time Soundblab.com chooses, in its sole discretion, to monitor the Soundblab Services, Soundblab.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

Content/Activity Prohibited

The following is a non-exhaustive list of the kind of activity that is illegal or prohibited on the Soundblab website and through your use of the Soundblab Services.

Prohibited activity includes, but is not limited to:

  • displaying personal information e.g. telephone numbers, street addresses
  • any subject matter including photographs which contain nudity, are obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable.
  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking,
  • using any information obtained from the Soundblab Services in order to harass, abuse, or harm another person;
  • is offensive, harassing and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • exploits people in a sexual or violent manner or contains a link to an adult website;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • solicits personal information from anyone under 18;
  • promotes information that you know is false or misleading , promotes illegal activities or provides information about illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorised copy of another person's copyrighted work, providing pirated music, links to pirated music files, illegal downloading, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;
  • includes information or a photograph of another person that you have posted without that person's consent; or
  • advertising to, or solicitation of, any Member to buy or sell any products or services through the Soundblab Services.
  • transmission of any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Soundblab Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Soundblab.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Soundblab.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Soundblab Services, you acknowledge that you will have caused substantial harm to Soundblab.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Soundblab.com $50 for each such unsolicited email or other unsolicited communication you send through the Soundblab Services;
  • covering or obscuring the banner advertisements on your personal profile page, or any Soundblab.com page via HTML/CSS or any other means;
  • any automated use of the system, such as using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the Soundblab Services or the networks or services connected to the Soundblab Services;
  • attempting to impersonate another Member or person;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Soundblab Services on behalf of that person

Despite these prohibitions, information provided by other Soundblab.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Soundblab.com assumes no responsibility or liability for this material. If you become aware of misuse of the Soundblab Services by any person, please contact Soundblab.

Soundblab.com reserves the right to investigate and take appropriate action against anyone who, in Soundblab.com's sole discretion, violates these provisions, including without limitation, removing the offending communication from the Soundblab Services, terminating the Membership of such violators and reporting you to law enforcement authorities.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Soundblab.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of notification to Soundblab.com by the copyright owner or their legal agent.

Member Disputes

You are solely responsible for your interactions with other Soundblab.com Members. Soundblab.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Disclaimers

Soundblab.com is not responsible for any incorrect or inaccurate Content posted on the Soundblab Website or in connection with the Soundblab Services, whether caused by Users of the Soundblab Services or by any of the equipment or programming associated with or utilised in the Soundblab Services. Profiles created and posted by Members on the Soundblab Website may contain links to other websites. Soundblab.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Soundblab.com. Inclusion of any linked website on the Soundblab Services does not imply approval or endorsement of the linked website by Soundblab.com. When you access these third-party sites, you do so at your own risk.

Soundblab.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Soundblab Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Soundblab Services. Under no circumstances shall Soundblab.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Soundblab Services.

Soundblab.com cannot guarantee and does not promise any specific results from use of the Soundblab Services.

Limitation on Liability

SOUNDBLAB.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SOUNDBLAB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOUNDBLAB.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SOUNDBLAB.COM FOR THE SOUNDBLAB SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity

You agree to indemnify and hold Soundblab.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitos' fees, made by any third party due to or arising out of your use of the Soundblab Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Soundblab Website or through the Soundblab Services causes Soundblab.com to be liable to another.

Other

This Agreement is accepted upon your use of the Soundblab Website or any of the Soundblab Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Soundblab.com regarding the use of the Soundblab Services. The failure of Soundblab.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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