Terms and Conditions of Account Registration
Page rendered on 2017-03-26 16:03:36 UTC
Document effective from 2014-01-01
ACCEPTANCE OF TERMS
- In these terms and conditions ("Terms"), "we", "us" or "our" refers to Soundfyr Media Pte. Ltd. ("Soundfyr"). "You" and "your" refers to any individual and/or organization registering for an account with www.soundfyr.com ("Website"). Any reference to the Website shall include our mobile application Soundfyr available on various mobile platforms including but not limited iTunes App Store & Google Play.
- Your registration of an account is subject to these Terms as amended by us from time to time.
- By clicking and completing the registration process for an account with this Website, you agree to be bound by the latest versions of:
- the Terms without variation or modification;
- the Soundfyr Code of Conduct available at http://soundfyr.com/pages/codeofconduct, which is incorporated by reference into these Terms.
- We may revise these Terms at any time without notice to you and any changes will be updated on the Website. These changes shall take effect from the date of upload and your continued use of the Website from such date will be deemed to constitute acceptance of the new Terms. It is your responsibility to check the Website for such changes from time to time.
- Upon successful registration of an account, you will receive a user account password and user ID. You are solely responsible for maintaining the confidentiality of your password and user ID. You shall not divulge your account details, including your password, to anyone. You remain responsible for all transactions which may occur as a result of a disclosure by you of your password to third parties or through any unauthorized access to your personal information by third parties. If your password has been compromised, you should immediately notify us and change your password. We are entitled to treat all activities that occur under your user account as having been conducted with your knowledge and authority.
- Only individuals and Music Groups may register user accounts. A "Music Group" refers to any person, duo, group, band, whether or not incorporated or organised as a legal entity, whose key purpose is to write and/or perform music. Each person and/or Music Group may only maintain one user account at any one time.
- You agree to:
- immediately notify us upon discovery of any unauthorized use of your user account or any other breach of security; and
- ensure that you exit from your user account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
- In registering for a user account, you represent and warrant to us that:
- all registration information you provide is true, accurate, current, and complete to the best of your knowledge and belief and that you will promptly update us of any change to your registration information within five (5) days of such change;
- if you are registering the user account on behalf of a Music Group, you are the authorised representative(s) of the Music Group and you have obtained the written authorisation of all members of the Music Group and will obtain the written authorisation of any new member who joins the Music Group subsequent to the registration of the user account, to set up, manage, access and control the user account for the Music Group;
- in the jurisdiction to which you are subject, you are of legal age to use this Website and to create binding legal and financial obligations for any liability you may incur as a result of the use of this Website;
- you are and will be legally, financially and morally responsible for all activities that occur under the user account.
- We further reserve the right to reject or require the change of any user ID which we, in our sole discretion, find inappropriate or offensive. Failure to change your user ID upon notification may result in the suspension or termination of your user account.
- Once you are a registered user, you may submit or post videos or other communications or content ("Public Postings"). If you make such a submission or posting, you unconditionally and irrevocably consent to the hosting, sharing, and publication of such Public Postings.
- Public Postings are not confidential and we do not guarantee any confidentiality with respect to any Public Posting.
- All Public Postings shall be music-focused or otherwise related to music, and you shall comply with the Code of Conduct at all times when submitting any Public Postings.
- The Website is intended to be a platform for independent music artistes and all music, audio, video and related Public Postings must be original works, all rights of which are owned solely by you.
- You shall bear all responsibility for your Public Postings and any consequences associated with publishing or uploading them. In connection with your Public Postings, you affirm, represent, and/or warrant that:
- you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use all patents, copyrights, trademarks, trade secrets, or any other proprietary rights in any and all of your Public Postings in the manner contemplated by these Terms;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Public Posting to use or disclose their personal data for specific purposes in the manner contemplated by these Terms.
- You must not submit, publish, transmit, post, upload, maintain or link to (either directly or indirectly) any content that is:
- corrupted, promotes or contains viruses, worms, trojan horses, cracks, or other materials that are intended to or may damage, disrupt or render inoperable software, hardware or security measures of Soundfyr, users or any third party.
- unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- illegal or otherwise contravenes or is prohibited under any applicable law, regulation, guideline, code or directive as may be issued from time to time by the relevant authorities in any jurisdiction to which you are subject;
- libellous, defamatory, pornographic, obscene or otherwise offensive to the general public;
- factually inaccurate, misleading or deceptive;
- infringing on any rights of a third party including but not limited to contractual, intellectual property, moral or privacy rights;
- contrary to our interests
- Once you make a Public Posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible. Closure of your account and/or removal of your personal information does not mean or would result in the removal of your Public Postings. We do retain personal information from closed accounts for, among other reasons, to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Terms, record keeping and/or take other actions permitted by law. Your Public Postings may also continue to be available, on the Website or otherwise, due to the nature of the Internet.
- Whilst we do not monitor or curate the submissions or posts made by users of our Website, we reserve the right to decide whether a Public Posting is appropriate and complies with these Terms or the Code of Conduct. We may block, remove or limit access to any Public Posting for any reason, including without limitation if we believe that such Public Posting is in violation of these Terms or the Code of Conduct, infringes the rights of any third party or is in breach of any applicable law, at any time, without prior notice and at our sole discretion. We may also remove a Public Posting if we receive a complaint or notification from a third party that any of your Public Postings infringes the copyright or other rights of such third party, or if we believe that the Public Posting is inappropriate. Our acceptance of any Public Posting does not constitute a waiver of our right to remove it in the future.
- In the event that we remove any Public Posting, we shall not be liable whether to you or to any other party for any damage or any other remedy, in law or in equity.
- You retain all of your ownership rights in your Public Postings. However, by submitting the Public Postings to us, you grant:
- us a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Public Postings, in any media format and through any medium.
- Once you are a registered user, you may set up a webpage within the Website ("Page") for the promotion of your Music Group ("Page"). Pages may only be set up by Music Groups and each Music Group shall only set up one Page.
- The name of the Page should be the name of the Music Group, if any. In any event, it shall not infringe or violate the rights of any third party and shall not be obscene, racist or otherwise offensive. We reserve the right to require that the name of a Page be changed and shall be entitled to remove a Page in the event of failure to comply.
- In setting up a Page, you represent and warrant to us that:
- all information you provide when setting up the Page is true, accurate, current, and complete to the best of your knowledge and belief and that you will promptly update us of any change to the information within five (5) days of such change;
- you and any other administrator(s) designated for the Page are the authorised representative(s) of the Music Group and you have obtained the written authorisation of all members of the Music Group and will obtain the written authorisation of any new member who joins the Music Group subsequent to the setting up of the Page, to set up, manage, access and control the Page and all content on the Page, including but not limited to the use of the name, image, and other personal data of each member of the Music Group on the Page.
- You acknowledge and agree that Pages are for public viewing and all contents on a Page shall be treated as Public Postings. Clause 3 shall thus be applicable to all contents of the Page.
- You remain fully responsible for all contents on a Page. If your Page has been compromised, you should immediately notify us and change your password. We are entitled to treat all activities that occur under your user account as having been conducted with your knowledge and authority.
- Third Party advertising on a Page is strictly prohibited. All requests for advertising on the Website shall be directed to firstname.lastname@example.org
- In the event of any dispute relating to the user account or Page of a Music Group, whether relating to the ownership, control, access or otherwise, we shall be entitled to suspend, deactivate, delete and/or terminate the user account and/or the Page without prior notice to you.