Terms of Service

About These Terms

Please read these terms of service (“Terms”) carefully. They lay out the key things you should know for accessing and using the Soundboxing website and service (collectively, the “Service”), with as little legalese as possible.

Acceptance of Terms

Read all of the terms below before using the Service: if you access or use it, you agree to be bound by all the terms that follow. If you don’t agree with every term below, please don’t use the Service. Confused by a term? Please let us know by emailing support@soundboxing.co.

Modifications to the Terms of Service

We reserve the right to modify these Terms at any time, such as when we release a new feature, or for any other reason.

Revised Terms go into effect in one of two ways: six (6) weeks after we post the revised Terms to our website (you can tell by the revised Last Updated date in these Terms), or as soon as you accept them, if we provide a way for you to accept the revised Terms immediately (for example, a click-through confirmation or acceptance button). It’s up to you to check the website regularly for any changes to these Terms.

If you continue using the Service after revised Terms have taken effect, you’ve accepted the revised Terms.

Privacy Policy

Want to know how Soundboxing collects and uses data about its users? Please check out our privacy policy.

Third-Party Services

Here’s how third parties fit in. From time to time, we may provide you with links to third-party websites or services that we do not own or control. Using the Service may also mean using applications that a third party developed or owns. When you use such third-party applications, websites, or services, that third party’s own terms of service or privacy policies govern your use. We recommend reviewing the terms and conditions and privacy policy of each third-party application, website, or service that you visit or use. Although Soundboxing does not work directly with advertisers, a third-party application may contain ads or marketing materials supplied by that third party. Third-party developers who use our API must maintain certain standards regarding your use of their applications and services.

Create an Account

Three rules for names. (1) Setting up an account lets you pick whatever handle you like for other users to see, whether that’s your real name, a made-up one, or anything else. (2) If your account is “pseudo anonymous,” we ask that you provide your real name for billing purposes. (3) Parody accounts have two requirements: you must clearly label the account as a “parody” account, and you must still provide your real name for billing purposes.

Who is responsible for account security? You are. If you create an account, you agree to safeguard your password and accept all risks of unauthorized access to your account data and any other information you provide to Soundboxing.

If you find or suspect a Service security breach, please tell us as soon as you can.

Your Content & Conduct

What you can do: share content by posting it, linking to it, or making it available some other way, just like other users. What you’re responsible for: any content you make available to the Service, including making sure it’s lawful, reliable, and appropriate.

A quick word on rights to what you share. Anything you post, link, or otherwise make available to the Service is licensed to us: you grant us the right to use, reproduce, modify, publicly perform, publicly display, and distribute it on or through the Service, apps included. We may format it for display throughout the Service, but won’t edit or revise its substance. Put simply, its look may change, but its meaning won’t.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.

Deleting your content removes it. It stops appearing on the Service, but copies of it may be kept in our system or backups for a period of up to six (6) months.

In order to make Soundboxing a great service for all of us, please do not post, link and otherwise make available on or through the Service any of the following:

• Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
• Content that is illegal or unlawful, that would otherwise create liability;
• Content that may infringe or violate anyone’s rights, including (a) patents, trademarks, trade secrets and copyrights; (b) privacy and publicity rights; and (c) any other intellectual or other rights;
• Spam, which means bulk or repeated promotions, political campaigning or commercial messages to anyone not following you;
• Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
• Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Below is a list of things you agree you won’t do in connection with the Service or other users:

• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Stalk, threaten, intimidate or harass fellow users, or collect their personal information;
• Open an account or post any content at all unless you are over 13 years old; and
• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Soundboxing’s Materials

In plain terms: we or our licensors own the Service (its logo and all designs, text, graphics, pictures, information and other content, excluding your content); U.S. and international copyright laws protect it; and we grant you the right to use it.

Some things are outside your rights unless we expressly say otherwise. Don’t publicly perform or display the Service. Don’t modify it, or make derivative uses of it or any portion of it. Don’t use data mining, robots or similar data gathering or extraction methods. Don’t download any portion of the Service or its information, other than page caching. Don’t reverse engineer or access the Service to build a competitive product or service. And don’t use the Service other than for its intended purposes. We may terminate your use of the Service if you do.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any Soundboxing trademark, logo or other proprietary information without Soundboxing’s express written consent.

Some websites link to the Service, and the Service links to others. Soundboxing makes no claims or representations about those third-party sites and takes no responsibility for them. After you leave the Service, our Terms and policies stop governing what happens.

A lot of the content on the Service is from you and others, and we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Unavoidable Legal Stuff

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

THIS SECTION LIMITS THE TYPES AND THE AMOUNT OF DAMAGES FOR WHICH SOUNDBOXING CAN BE HELD LIABLE, SO PLEASE READ IT CAREFULLY. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR ONE 12-MONTH SUBSCRIPTION. ALSO, IN NO EVENT WILL SOUNDBOXING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Copyright Complaints

Respect copyrights: under the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Soundboxing’s policy is to terminate accounts of users deemed repeat infringers, as appropriate and at our sole discretion. See the DMCA Copyright Policy.

Governing Law (California)

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of California, without regard to conflicts of law principles.

Where Are Disputes Resolved?

You expressly agree that exclusive jurisdiction for any dispute with Soundboxing, or in any way relating to your use of the Soundboxing website or Service, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California located in San Francisco, California in connection with any such dispute including any claim involving Soundboxing. You further agree that you and Soundboxing will not commence against the other a class action, class arbitration or other representative action or proceeding.

Suspension and Termination

Simply put, if you breach any provision of these Terms, we may pause (suspend) or shut off (disable) your access to or use of the Service.

Entire Agreement

To be clear, these Terms are the entire agreement between you and Soundboxing about using the Service. They replace any earlier agreements between you and Soundboxing concerning how you use the Service.

User Feedback

We love feedback. Please let us know what you think of the Service, these Terms and, in general, Soundboxing. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Soundboxing, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

If you have questions or comments about the Service, email us at support@soundboxing.co.