Terms & Conditions

Last Modified: 1 April 2022

Acceptance of the Terms and Conditions

These Terms and Conditions are entered into by and between you and SoundIt FZE (“Company,” “we,” or “us“). The following terms and conditions, together with our Privacy Policy (collectively, “Terms and Conditions“) govern your access to and use of the Company’s mobile application, tablet application, technology platform, and website including any content, functionality, and services offered on or through such application, website, or platform (collectively, “SoundIt“).

The terms “you” and “your” refers to you, the individual user, accessing SoundIt for his/her/its own personal purposes. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you” or “your” shall include you individually and any such person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such person, that you have the authority to the person to this Agreement, and that your acceptance of this Agreement shall constitute acceptance on behalf of such person.

Please read the Terms and Conditions carefully before you start to use SoundIt. By clicking to “accept” or “agree” to the Terms and Conditions, You represent that you are above the legal minimum age in your country of residence. 

If you are under the age of 18, you may not create or register an account for SoundIt without consent and approval from your legal parent or guardian. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD UNDER THE AGE OF 18 TO REGISTER WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE SITE. 

 

Access, User, Account, and Account Security

We reserve the right to withdraw or amend SoundIt, and any service or material we provide on SoundIt, in our sole discretion without notice. We will not be liable if for any reason all or any part of SoundIt is unavailable at any time or for any period. 

You are responsible for both:

  • Making all arrangements necessary for you to have access to SoundIt.
  • Ensuring that all persons who access SoundIt through your internet connection are aware of these Terms and Conditions and comply with them.

To access SoundIt or some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of SoundIt that all the information you provide on SoundIt is correct, current, and complete. You agree that all information you provide to register with this SoundIt or otherwise, including, but not limited to, through the use of any interactive features on SoundIt, is governed by our Privacy Policy https:// soundit.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (“login details”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this SoundIt or portions of it using your login details. You agree to notify us immediately of any unauthorized access to or use of your login details or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our reasonable opinion, you have violated any provision of these Terms and Conditions.

 

Modification of Terms

Upon opening an account, you accept the Terms and Conditions in the form posted on SoundIt. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of SoundIt after the posting of changes constitutes your binding acceptance of such changes. 

 

Consent to Communications

By using SoundIt and providing your phone number and/or email, you agree and acknowledge that Company may communicate with you via email, text messaging, text receipts, Short Messaging Service (“SMS”), facsimile, and all phone calls at the number you provide. Such communications may be for any purpose, including marketing purposes.

 

Consent to Display User Information

We may display your user name, geographic information, and User Contribution (as defined below) to other users. You hereby agree that we have your express authorization to display such information.

 

Intellectual Property Rights

Other than User Contribution, SoundIt and its contents, features, and functionality including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively “SoundIt IP”) are owned by the Company, its affiliates, or its licensors.  Any User Contribution is owned by the third party user.

SoundIt gives you a personal, worldwide, royalty-free, non-assignable and nonexclusive license to use the software provided to you as part of the Services, for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SoundIt, in the manner permitted by these Terms and Conditions.

These Terms and Conditions permit you to use SoundIt IP for your personal, non-commercial use only. 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any SoundIt IP, except as follows:

  • Your mobile phone, tablet device, and computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of SoundIt for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any SoundIt IP.
  • Use any audio, illustrations, photographs, or video, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of SoundIt or SoundIt IP. If you wish to make any use of any SoundIt IP, please address your request to: support@soundit.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of SoundIt and/or SoundIt IP in breach of the Terms and Conditions, your right to use SoundIt will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to SoundIt or any SoundIt IP is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of SoundIt IP not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term SoundIt, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this SoundIt are the trademarks of their respective owners.

 

Prohibited Uses

You may use SoundIt only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use SoundIt:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the cross-border sharing or export of data or software). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Community Guidelines set out in these Terms and Conditions.
  • To transmit, or procure the sending of, any advertising or promotional, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of SoundIt, or which, as determined by us, may harm the Company or users of SoundIt, or expose them to liability.

Additionally, you agree not to:

  • Use SoundIt in any manner that could disable, overburden, damage, or impair the website, application, or platform or interfere with any other party’s use of SoundIt, including their ability to engage in real time activities through SoundIt.
  • Use any robot, spider, or other automatic device, process, or means to access SoundIt for any purpose, including monitoring or copying any of the material on SoundIt.
  • Use any manual process to monitor or copy any SoundIt IP, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of SoundIt.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of SoundIt, the server on which SoundIt is stored, or any server, computer, or database connected to SoundIt. 
  • Attack SoundIt via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of SoundIt.

 

User Contributions

SoundIt contains message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through SoundIt.

All User Contributions must comply with the Community Guidelines set out in these Terms and Conditions.

Any User Contribution you post to the site will be considered non-confidential. By providing any User Contribution on SoundIt, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.
  • All of your User Contributions do and will comply with these Terms and Conditions. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  Use, reproduction, distribution, and publication of any User Contribution and the creation of derivative work based on User Contribution is at your own risk.  

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of SoundIt. 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of SoundIt or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of SoundIt. 
  • Terminate or suspend your access to all or part of SoundIt for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through SoundIt. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on SoundIt, and cannot ensure prompt removal of objectionable or unlawful material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by you, any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate this agreement under these Terms and Conditions at any time by deleting your account on SoundIt, or ceasing using SoundIt. We may terminate this agreement with you under these Terms and Conditions at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

Community Guidelines

SoundIt allows you to post, comment, discuss, and connect with other users who share your passion, interests, or goals. At SoundIt, you may form a community to create, encourage, or support.  These Community Guidelines establish that all users are treated with respect and each such user’s privacy and safety are SoundIt’s priority.  

These community guidelines apply to any and all user interaction with instructors, user interaction with other users, User Contributions and use of Interactive Services (“User Content”).User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy [https:// soundit.com/privacy-policy].
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

User Content License Grant

  1. License Grant to SoundIt:  By posting, submitting or distributing User Content on or through SoundIt, you hereby grant to SoundIt a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and our Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with applicable privacy law relating to ownership and control of your personal information.
  2. License Grant to Other SoundIt Users:  By posting, submitting or distributing User Content through SoundIt, you hereby grant to each user of SoundIt a non-exclusive license to access and use your User Content in any manner permitted or made available by SoundIt on or through SoundIt.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any material on SoundIt infringes your copyright, you may request removal of those materials (or access to them) from SoundIt by emailing us at support@soundit.com.

Please make sure your email includes the following details: 

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on SoundIt.
  • A representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Your copyright registration certificate or evidence supporting prior use.

Please note that we will only respond to those written notification where you are the owner or acting as an agent for the owner.  

Please be aware that if you knowingly materially misrepresent that material or activity on SoundIt is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

 

Reliance on Information Posted

The information presented on or through SoundIt is made available solely for entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to SoundIt, or by anyone who may be informed of any of its contents.

SoundIt includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to SoundIt

We may update the content on SoundIt from time to time, but its content is not necessarily complete or up-to-date. Any of the material on SoundIt may be out of date at any given time, and we are under no obligation to update such material. 

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or SoundIt will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

To the maximum extent allowed by law, SoundIt and its content are provided “as is” and “as available,” and at your sole risk.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless, the Company and its affiliates, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of SoundIt, including, but not limited to, your User Content, any use of SoundIt’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from SoundIt.

 

Optional Tools


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.


Third-Party Links


Third-party links on this Website, if any, may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party

 

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE). 

Any dispute arising out of or in connection with these Terms and Conditions (including a dispute relating to the existence, validity or termination of these Terms and Conditions or any non-contractual obligation arising out of or in connection with these Terms and Conditions) shall be exclusively referred to and finally resolved by arbitration under the Rules of the Dubai International Arbitration Centre (as amended from time to time) (Rules) and that:

  1. the number of arbitrators shall be one and the arbitrator shall be appointed jointly by the relevant parties or, in default of agreement between the relevant parties within 10 Business Days of the date that a party first seeks to agree with the other the identity of the arbitrator, in accordance with the Rules;
  2. the seat, or legal place, of arbitration shall be the DIFC; and
  3. the language to be used in the arbitral proceedings shall be English. All documents submitted in connection with the proceedings shall be in the English language, or, if in another language, accompanied by an English translation.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. 

 

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and SoundIt regarding SoundIt and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding SoundIt. 

 

Your Comments and Concerns

This website is operated by SoundIt FZE 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to SoundIt should be directed to: support@soundit.com.