“Logging-In” into That Sound does not constitute a license for obtaining or distributing unauthorized music files or any other Content.
- You are legally allowed to enter into any agreement found in this Website.
- You will not knowingly or unknowingly use That Sound to violate any law on Intellectual Property or any other related laws that is imposed in your country or in other countries.
Policy on Acceptable Use
You agree that you will not use That Sound to:
1. Violate any law, international or local, pertaining to intellectual property, criminal acts and activities, civil rights, or any other types of law that may be related or connected to the Contents, features, and information found in this website.
2. Upload, distribute, promote, post, e-mail, transmit, display, copy, or otherwise communicate to the general public:
- Material or information that is: false, unlawful, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, threatening, tortuous, disparaging, negative or injurious to That Sound, abusive, libelous, defamatory, obscene, vulgar, offensive, promotes violence, racial hatred, terrorism, or illegal acts, or otherwise objectionable in the discretion of That Sound;
- Data or information of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, or other harmful component that restricts or inhibits any other User’s use and enjoyment of That Sound and its Contents;
- Materials that interferes with, overburdens, impairs or disrupts the Users or servers or networks connected to That Sound, or disobeys any requirements, procedures, policies or regulations of networks connected to the Properties;
- Information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of the origins of the Contents found in That Sound or statements of fact; and
- Any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation.
3. Encourage, promote, solicit or commit conduct that would constitute a criminal offense, or one that will give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other legal entity;
4. Falsely impersonate any person or entity or state or otherwise misrepresent your affiliation with a person or entity;
5. Negatively affect the other Users’ ability to engage in real time exchanges on That Sound;
6. Stalk, abuse, violently exploit, act violently toward, threaten, sexually exploit or otherwise harass another User;
7. Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
8. Collect or gather personal data including contact or personal information such as but not limited to telephone numbers, addresses, last names, email addresses, or any other kind of information about Users, including without limitation, through automatic means of accessing or logging-in on That Sound; and
9. Undertake any commercial or business purpose or activity without the prior written consent of That Sound, such as but not limited to inserting your own or a third party’s advertising, branding or promotional content into any of That Sound’s Content, materials or Services.
10. Sell purchases to a third party for a rerelease or as individual beat. For avoidance of doubt, That Sound shall only grant users the non-exclusive license to the beats, in which can not be used for commercial third party use unless agreed upon by That Sound.
Under pain of perjury and/or criminal prosecution, you represent, warrant and agree that you will comply with the above acceptable use requirements and that any information or warranties required by That Sound to be provided by you are true and correct. That Sound reserves the right, in its sole discretion, to terminate your User’s account or take such other action as That Sound sees fit in relation to anyone who breaches That Sound’s policy on acceptable use or any of the other terms set forth herein. In extreme cases or as required by law or regulation, That Sound reserves the right to take court action and/or report Users to the relevant authorities.
Third Party Links
Intellectual Property Ownership; License
The unauthorized redistribution, modification or adaptation, downloading, side-loading, exchanging, copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of That Sound’s Contents, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
- Listen to music from That Sound;
- Communicate with other members of That Sound community; and
- do not insert any code, product or material to manipulate the music or song in any way that affects any User’s experience;
- retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Contents;
- do not access Content through any technology or means other than the playback pages of That Sound itself, the Embeddable Player, or other explicitly authorized means That Sound may designate; and
- copy or seek to copy or “rip” any audio and/or audiovisual content from That Sound or any part of the Service illegally and without prior written consent of That Sound.
To access the Contents of That Sound, Users are required to use their own and personal That Sound account. You agree to accept responsibility for all activities that occur under your account or password, if any. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of That Sound or other Contents found therein using your name, username or password in whole or in part.
No Warranty as to Third Party Content and Information
That Sound makes no representations or warranties as to the accuracy, completeness, currency, adequacy or reliability of any Content provided by the Users and Third parties and will not be liable for any lack of the foregoing.
That Sound will not and cannot be held responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third party advertisers or commercial partners or the offering of their products, services, and other contents on That Sound.
Descriptions of, or references to, products, services or publications within That Sound do not imply endorsement of that product, service or publication.
- your use of That Sound and its services, and the music files found therein;
- your use of the Contents therein; or
- your placement or transmission of any information uploaded by you or any other Content or materials on or through That Sound.
You also promise that you will cooperate as fully earnestly and diligently as required by That Sound in the defense of any claim.
Notwithstanding the foregoing, That Sound retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against That Sound herein under the terms and provisions of this section and in no event shall you settle any such claim without That Sound’s prior written approval.
Other Related Matters
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of That Sound and it services, and the Contents found therein, including, without limitation, those governing your transmission or use of any data.
Termination or Restriction of Access
UPLOADING AND DOWNLOADING
You Have All Necessary Rights
For all information that you upload to or through That Sound (including but not limited to any songs, band information, audio, video, data, images, graphics, photo, text information, show and concert listings, etc.) (“Content”) that you upload to That Sound, you represent and warrant that
- you are the sole and exclusive holder of any and all rights in and to the Content and/or an authorized representative or agent of the holder(s) (with written authority to act on behalf of the exclusive owner) of any and all such rights for the purposes of use of the Content; and
- that use of the Content on or through That Sound does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person.
You agree to pay all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through That Sound or for any Content made available for downloading. You further guarantee that the compositions, recordings, lyrics, text and other materials contained in the Content are original, created only by you or the entity on whose behalf you are entering into this agreement and do not contain any “samples” or excerpts that would infringe on the copyrights of others and do not otherwise infringe on the rights of any other individuals or companies.
Your Ownership Of Proprietary Rights In Uploaded Content
That Sound does not claim ownership of any intellectual property rights over the Content (including text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials) that you upload. Any intellectual property rights, including the copyright, in the uploaded Content belongs solely to you or the holder/s you represent, subject to the non-exclusive license granted herein. After uploading your Content to That Sound, you or the holder/s you represent 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.
Responsibility For Content
Content Is Unencumbered
In addition to the representation and warranty that you have the unfettered authority to provide said Content to That Sound, you hereby represent that the Content is unencumbered by any liens or encumbrances to your title and/or right to license or provide the same to That Sound.
License Of Uploaded Content To That Sound
You also hereby grant each user of That Sound a non-exclusive license to access your Content through That Sound, and to use, distribute, display and perform such Content as permitted through the functionality of That Sound and under these General Terms of Uploading and Downloading.
By making your Content downloadable, you make your Content available for free download to everyone who signs up in accordance with the terms of downloading provided herein.
Waiver of Royalties
You grant That Sound a waiver of any and all royalties on the Content including but not limited to performance royalties. You represent that you or the holder/s you represent have sufficient ownership of rights in the Content to grant That Sound such waiver.
You can remove your Content at any time by deleting your account or by deleting the individual Content. The above licenses granted by you in the Content you submitted to That Sound shall terminate within a commercially reasonable time after you remove or delete your Content.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of That Sound to terminate all privileges of any User who infringes the copyright rights of others upon receipt of prompt notification to That Sound by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on That Sound in a way that constitutes copyright infringement, _____________________and provide That Sound with the following information:
- a statement that you have identified material on the Website which infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyrighted work that you claim has been infringed;
- a description specifying the material that you claim is infringing and the location of the material on That Sound (including, for example: a URL and/or screen shot);
- your full name, telephone number and email address on which you can be contacted;
- a written statement by you that you have good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exlcusive right that is allegedly infringed; and
- an electronic or physical signature (which may be a scanned copy) of a person authorized to act on behalf of the owner of the copyright interest;
For notice of claims of copyright infringement, That Sound can be reached as follows:
By email: firstname.lastname@example.org
Either you or That Sound may terminate your account or your Content at any time, for any reason or no reason, without explanation. You agree that That Sound may, without prior notice, immediately terminate your account or Content, and withhold access to That Sound.
Cause for such termination shall include, but not be limited to:
- requests by law enforcement or other government agencies;
- a request by you (self-initiated account deletions);
- discontinuance or material modification to That Sound (or any part of the service thereof);
- unexpected technical or security issues or problems;
- extended periods of inactivity; and/or
- you have engaged in fraudulent or illegal activities.
That Sound shall not be liable to you or any third-party for the termination of your account or Content made in That Sound’s sole discretion.