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Effective Date: 2023-03-01
Welcome to Random Sounds, Inc. (“Company”, “we”, “our”, “we are”)! Since you just clicked on our Terms of Service, pause, have a cup of coffee, and read the following pages carefully. It will take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located on the domain https://sounds.co and its subdomains, operated by Random Sounds, Inc.
Our Privacy Policy also governs your use of our Service and explains how we collect, protect and disclose information that results from your use of our web pages. Read it here https://sounds.co/privacy.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) the Agreements, then you cannot use the Service, but please let us know by sending an email to support@sounds.co so that we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.
Thank you for being responsible.
By creating an Account on our Service, you agree to subscribe to newsletters, promotional or marketing materials and other information that we may send. However, you can choose not to receive any or all of these communications from us by following the unsubscribe link.
If you wish to purchase any product or service available through the Service (“Purchase”), you may be required to provide certain information relevant to your Purchase, including, but not limited to, your credit card number, the expiration date of your credit card, your billing address and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card or other payment method in connection with any Purchase; and that (ii) the information you provide to us is true, correct and complete.
We may employ the use of third-party services in order to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: availability of the product or service, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) available through the Service may be governed by rules that are independent of these Terms. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms of Service, the rules of the Promotion will apply.
Random Sounds, Inc., at its sole discretion and at any time, may change the Subscription rates for Subscriptions. Any change in the Subscription rate will take effect at the end of the then-current Billing Cycle.
Random Sounds, Inc. will provide you with reasonable prior notice of any change in Subscription rates to give you the opportunity to cancel your Subscription before such change takes effect.
Your continued use of the Service after the Subscription rate change takes effect constitutes your agreement to pay the amount of the modified Subscription fee.
Except as required by law, paid Subscription fees and Service costs are not refundable.
Our Service allows you to post, link, store, share and make available certain information, text, graphics, videos or other material (“Content”). You are responsible for the Content you post on or through the Service, including its legality, reliability and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (is your property) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms and (ii) that posting your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights, or any other right of any person or entity. We reserve the right to cancel the account of any user who infringes copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and are responsible for protecting those rights. We assume no responsibility for the Content that you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Random Sounds, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, the Content found on or through this Service is the property of Random Sounds, Inc. or is used with permission. You may not distribute, modify, transmit, reuse, download, republish, copy or use such Content, in whole or in part, for commercial purposes or for personal gain, without our express prior written permission.
You may use the Service only for legal purposes and in accordance with the Terms. You agree not to use the Service:
In addition, you agree not to:
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analysis service offered by Google that tracks and reports website traffic. Google uses the collected data to track and monitor the use of our Service. This data is shared with other Google services. Google may use the data collected to contextualize and personalize the advertisements of its own advertising network.
For more information about Google's privacy practices, visit the Google Privacy Terms web page:https://policies.google.com/privacy?hl=es
We also recommend that you review Google's policy to protect your data: https://support.google.com/analytics/answer/6004245
Facebook Pixel
For more information about Facebook's privacy practices, visit the Facebook Privacy Policies webpage: https://www.facebook.com/business/m/privacy-and-data
Hotjar
Their Privacy Policy can be viewed at: https://www.hotjar.com/legal/policies/privacy/
Mixpanel
Their Privacy Policy can be viewed at: https://mixpanel.com/legal/privacy-policy/
The service is intended only for access and use by persons over eighteen (18) years of age. By accessing or using any Company Service, you warrant and represent that you are at least eighteen (18) years of age and that you have full authority, right and capacity to enter into this agreement and to comply with all of the Terms. If you are not at least eighteen (18) years old, you are prohibited from accessing and using the Service.
When you create an account with us, you guarantee that you are over 18 years old and that the information you provide to us is accurate, complete and current at all times. Inaccurate, incomplete, or outdated information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or with a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not legally available for use, a name or trademark that is subject to any right of another person or entity other than yourself, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, cancel accounts, delete or edit content, or cancel orders at our sole discretion.
The service and its original content (excluding User Provided Content), features and functionality are and will remain the exclusive property of Random Sounds, Inc. and its licensors. The service is protected by copyrights, trademarks and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Random Sounds, Inc.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or are authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please email your complaint to copyright@sounds.co with the subject: “Copyright Infringement” and include in your complaint a detailed description of the alleged infringement as detailed below, in point 14: “DMCA Notice and Procedure for Claims of Copyright Infringement”
You may be responsible for damages (including costs and attorney fees) for false statements or bad faith claims about the copyright infringement of any Content found on and/or through the Service.
You can submit a notification in compliance with the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following written information (see 17 U.S.C 512 (c) (3) for more details):
You can contact our copyright agent via email at copyright@sounds.co
You can provide us directly to the email support@sounds.co or through third-party sites and tools, information and comments about errors, suggestions for improvements, ideas, problems, complaints and other issues related to our Service (“Feedback”). You acknowledge and agree that: (i) you will not keep, acquire or assert any intellectual property right or other right, title or interest in the Comments; (ii) the Company may have development ideas similar to the Comments; (iii) the comments do not contain confidential information or information owned by you or a third party; and (iv) the Company has no obligation of confidentiality with respect to the Comments. In the event that the transfer of ownership of the Comments is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free, sublicensable, unlimited and perpetual right to use Comments (including copying, modifying, creating derivative works, publishing, distributing and marketing) Comments in any way and for any purpose.
The third-party sites and tools mentioned above include the following:
Bugsnag
Bugsnag is a platform for monitoring and recording application stability provided by Bugsnag Inc. Read their Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/
Our Service may contain links to third-party websites or services that are not owned or controlled by Random Sounds, Inc.
Random Sounds, Inc. has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites or services. We do not guarantee the offers of any of these entities/individuals or their websites.
You acknowledge and agree that Random Sounds, Inc. will not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such third party websites or services.
We strongly recommend that you read the Terms of Service and Privacy Policies of any third-party website or services you visit.
These services are provided by the company “As Is” and “As Available”. The company makes no representations or warranties of any kind, express or implied, as to the operation of its services, or the information, content or materials included therein. You expressly agree that your use of these services, their content and any service or item obtained from us is at your own risk.
Neither the company nor anyone associated with the company makes any warranty or representation regarding the integrity, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or guarantees that the services, their content or any service or item obtained through the services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the services or the server that makes them available are free of viruses or other harmful components, or that the services or any service or item obtained through the services will meet your needs or expectations.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, any warranty of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect warranties that cannot be excluded or limited under applicable law.
Except as prohibited by law, you will exonerate us and our officers, directors, employees and agents for any indirect, punitive, special, incidental or consequential damages, however arising (including attorneys' fees and all costs and expenses related to litigation and arbitration, or in trial or appeal, if any, whether litigation or arbitration is instituted or not), whether in an action of contract, negligence or other tort, or arising out of or in connection with this agreement, including without limitation, any claim for personal injury or property damage arising from this agreement and any violation by you of any federal, state or local law, statute, regulation or regulation, even if the company has been previously advised of the possibility of such harm. Except as prohibited by law, if there is liability on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.
We may terminate or suspend your account and prohibit access to the Service immediately, without notice or liability, at our sole discretion, for any reason and without limitation, including, but not limited to, a breach of the Terms.
If you want to cancel your account, you can simply stop using the Service.
All provisions of the Terms that, by their nature, must survive termination will survive termination, including, but not limited to, ownership provisions, warranty disclaimers, compensation, and limitations of liability.
These Terms will be governed and interpreted in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms are the basis of the entire agreement between us regarding our Service, and are expanded by agreements specific to the Distribution service (https://sounds.co/distribution-agreement), the Publishing service (https://sounds.co/publishing-agreement), and any future service that has a specific agreement for the contracting of the same.
We reserve the right to withdraw or modify our Service, and any services or materials we provide through the Service, at our sole discretion and without notice. We will not be responsible if, for any reason, all or part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
We may modify the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes, as they are binding on you.
By continuing to access or use our Service after the revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
No waiver by the Company of any term or condition set forth in the Terms shall be considered an additional or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by the Company to assert a right or provision under the Terms shall be considered not to constitute a waiver of such right or provision.
If a court or other court of competent jurisdiction finds that any provision of the Terms is invalid, illegal or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the Terms continue in full force and effect.
By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.
Send your comments, comments, requests for technical support by email: support@sounds.co
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