Neither SoundsPlanet nor any providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither SoundsPlanet nor any of providers of information shall have any liability for the accuracy of the information contained in the service, or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. SoundsPlanet reserves the right to remove any listings or any advertisements for any reason. In no case shall SoundsPlanet be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and client side browser issues.
We reserve the right to refuse access to the Service to anyone for any reason at any time
You agree that you are responsible for all data charges you incur through use of the Service.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (the "Content") is generated, owned and controlled solely by you, and not by SoundsPlanet. SoundsPlanet does not claim any ownership rights in the Content, and you hereby expressly acknowledge and agree that the Content remains your sole responsibility.
You must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within the Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements will result in termination of your access to the Platform, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
You agree that you will not upload or transmit any Content to SoundsPlanet that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting Content to SoundsPlanet you automatically grant or warrant that the owner of such Content has expressly granted you and SoundsPlanet the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content.
We reserve the right to force forfeiture of any username for any reason.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to SoundsPlanet as follows:
(ii) your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
(iii) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in your Content in order to include their name, voice, performance or likeness in your Content and to publish the same on the Platform and via any Linked Services.
(iv) your Content, including any comments that you may post on the Platform, is not and will not be unlawful, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
(v) your Content does not and will not create any liability on the part of SoundsPlanet, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
(vi) harass, threaten, embarrass or slander any person or entity.
(vii) impersonate on SoundsPlanet any business or person, living or dead, famous or not.
(viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing SoundsPlanet or in connection with your use of SoundsPlanet in any manner.
SoundsPlanet reserves the right to remove your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
GRANT OF LICENSE
By uploading your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, licence to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which your Content has been shared or embedded using the Services ("Linked Services"), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, your Content utilising the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of your Content to other users of the Platform, and to users of Linked Services, at any time using the settings on the sound page for each sound you upload.
The licences granted in this section are granted separately with respect to each item of your Content that you upload to the Platform. Licences with respect to audio Content, and any images or text within your account, will terminate automatically when you remove such Content from your account. Licences with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account. Removal of audio Content from your account will automatically result in the deletion of the relevant files from SoundsPlanet's systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once your Content is distributed to a Linked Service, SoundsPlanet is not obligated to ensure the deletion of your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of your Content.
Any Content other than your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with SoundsPlanet's express consent).
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SoundsPlanet may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
LIABILITY FOR CONTENT
You hereby acknowledge and agree that SoundsPlanet (i) stores Content and other information at the direction, request and with the authorisation of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, SoundsPlanet excludes all liability with respect to all Content (including your Content) and the activities of its users with respect thereto.
SoundsPlanet and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against SoundsPlanet or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
BLOCKING AND REMOVAL OF CONTENT
Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and SoundsPlanet shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by SoundsPlanet or the relevant Uploader.
THIRD PARTY WEBSITES AND SERVICES
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (the "External Services").
SoundsPlanet does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, SoundsPlanet does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
SoundsPlanet disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against SoundsPlanet with respect to the content or operation of any External Services.
FOR PERSONAL USE ONLY
The content is made available for personal, non-commercial use only. You may not use the SoundsPlanet Content to sell a product or service, or to increase traffic to your web site for commercial reasons. You may not take the results from a SoundsPlanet search, reformat and display them, or mirror the SoundsPlanet home page or results pages on your web site. You may also not use the SoundsPlanet search results for a meta-search without prior written permission. You may not attempt to override or circumvent any of the usage rules embedded into the SoundsPlanet Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided by the SoundsPlanet Services, in whole or in part, is strictly prohibited.
You acknowledge and agree that the SoundsPlanet Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SoundsPlanet or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
The SoundsPlanet name and logo are trademarks of SoundsPlanet, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SoundsPlanet. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of SoundsPlanet, and may not be copied, imitated or used, in whole or in part, without prior written permission from SoundsPlanet.
It is SoundsPlanet's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, SoundsPlanet does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that SoundsPlanet is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
ASSIGNMENT TO THIRD PARTIES
SoundsPlanet may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of SoundsPlanet. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of SoundsPlanet.
Many of the sound files found in the SoundsPlanet archive were not created by SoundsPlanet Inc. They were either submitted or obtained from various sources on the Internet that labeled them as "freely distributable" or as "public domain". Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions. Free Content is identified as "free" or "public domain" when SoundsPlanet is unaware of any copyright restrictions on its use and/or this has been indicated by the submitter of the Content. This may mean that: (1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or (2) the Content was never eligible for copyright protection because it was created by an employee of the United States as part of his or her official duties, or (3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or (4) SoundsPlanet records do not indicate any evidence of copyright restrictions. These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply.
SoundsPlanet endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, SoundsPlanet can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the SoundsPlanet Website, please contact SoundsPlanet.
If you should discover a sound in this collection which you recognize to be violating a copyright, please use the "Report button" in the page of the sound in question to report this to us, so we can take appropriate action. SoundsPlanet responds to notices of alleged infringement that comply with international copyright laws. All trademarks are hereby acknowledged as the property of their respective owners.
DISCLAIMER OF WARRANTIES
SoundsPlanet disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the SoundsPlanet pages. SoundsPlanet disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. SoundsPlanet disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the SoundsPlanet services.
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SOUNDSPLANET SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SOUNDSPLANET AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOUNDSPLANET AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOUNDSPLANET SERVICES. SOUNDSPLANET AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SOUNDSPLANET SERVICES. SOUNDSPLANET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOUNDSPLANET SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SOUNDSPLANET SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SOUNDSPLANET SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SOUNDSPLANET SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO YOU AGREE HEREWITH THAT THE ABOVE EXCLUSIONS DO APPLY TO YOU.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SOUNDSPLANET OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SOUNDSPLANET SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SOUNDSPLANET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOUNDSPLANET SERVICES, FROM INABILITY TO USE THE SOUNDSPLANET SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOUNDSPLANET SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOUNDSPLANET SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SOUNDSPLANET SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SOUNDSPLANET SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SOUNDSPLANET SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SOUNDSPLANET SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SOUNDSPLANET SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS ARE EXPLICITLY ACCEPTED BY YOU.
Without limiting the foregoing, under no circumstances shall SoundsPlanet or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
You agree that any claim you may have arising out of or related to your relationship with SoundsPlanet must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
CHANGES IN TERMS AND CONDITIONS
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. You agree that SoundsPlanet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SoundsPlanet Services. We reserve the right to modify these terms of service without any notice.
These terms of service will be governed by and construed in accordance with the laws of the Marshall Islands, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms of service to be unenforceable, the remainder of the terms of service will continue in full force and effect. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of service will be effective only if in writing and signed by SoundsPlanet.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SoundsPlanet to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that SoundsPlanet provides.
We reserve the right to refuse any inclusion request or submission for any reason.
Your online privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
SoundsPlanet provides links to many other websites that are beyond our control. Web sites that we link to may have privacy and security policies that differ from ours. We are not responsible, in any manner, for the privacy, security practices, or content of such Web sites.
We use IP addresses for statistical and system administration purposes. IP addresses are anonymously logged to track a user session. We do not link IP addresses with any personally identifiable information. This means that a user session will be logged but that user will remain anonymous to us. We can and will use IP address to identify a user when necessary to enforce our terms of service or protect our site, network, advertisers, authors, publishers or users.
SoundsPlanet uses session cookies to prevent banner network and affiliate system abuse and cheating. This cookie does not contain any personally identifiable information about users. SoundsPlanet does not require a user to accept or use browser cookies. Most web browsers will allow you the option to reject cookies or to choose which cookies to accept.
We collect contact information (name, address, telephone number, email address and URL) through registration and entry forms. This information is used to provide you with services that you requested (like submitting your Content to our directory), contact you when necessary, or to send you additional information regarding SoundsPlanet or selected reputable partners and affiliates.
We collect financial information (like credit card and banking information) from users who order goods, products or services from us. We will use this information to bill and collect for the goods, products and/or services that you order. We will also use this information to confirm your registration qualifications where appropriate.
SoundsPlanet will not sell, share or rent your personally identifiable information to anyone, except as expressly described below: we have your express consent to share your information; we need to share your information to provide you the product or service that you requested, we believe in good faith that any applicable law, regulation or legal process requires it when the disclosure is necessary to protect or enforce our rights or the rights of another user; we may share generic, aggregate and anonymous information with advertisers and affiliates.
SoundsPlanet does not control the practices of our advertisers. If you have questions about how one of our advertisers uses information about you when you click their ad and go to their content, please contact them directly. (SoundsPlanet will divulge information only as necessary to comply with state and federal laws.)
If you do not wish to receive our occasional newsletters or other marketing communications from SoundsPlanet, you may opt-out of receiving these by following the unsubscribe / removal instructions located at the very bottom of these communications or by sending an email to us at optout[at]SoundsPlanet[dot]com.
You can access all your personally identifiable information that we collect by editing your account information using the control panel. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making changes or corrections to any of your personally identifiable information.
If you have any questions please contact: info[at]SoundsPlanet[dot]com.
Last Amended: 24 April 2014