1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
2. DISCLAIMER OF WARRANTIES
The site is provided by Soundfreakz on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Soundfreakz makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Soundfreakz shall have no liability for any interruptions in the use of this Website. Soundfreakz disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. LIMITATION OF LIABILITY
SOUNDFREAKZ SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SOUNDFREAKZ SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SOUNDFREAKZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Soundfreakz, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. MEMBER ACCOUNTS
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Soundfreakz of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Soundfreakz.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Soundfreakz that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Soundfreakz does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Soundfreakz, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
- for any unlawful purposes;
- to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Soundfreakz;
- to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- to upload, post, or otherwise transmit any material which is likely to cause harm to Soundfreakz or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- for any commercial purpose, except as expressly permitted under these Terms;
- to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Soundfreakz by hyperlink and not to compete with Soundfreakz.
7. MODIFICATIONS AND INTERRUPTION TO SERVICE
Soundfreakz reserves the right to modify or discontinue the Service with or without notice to the Member. Soundfreakz shall not be liable to Member or any third party should Soundfreakz exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Soundfreakz does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. THIRD-PARTY SITES
9. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Soundfreakz makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Soundfreakz makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. COMPLIANCE WITH LAWS
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All "content" included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2016 Soundfreakz, will all rights reserved, or is the property of Soundfreakz and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Soundfreakz or the appropriate owner of copyright in such materials is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Soundfreakz.
The "content" does not include User Submissions (as defined in point 12 of this Terms & Service(s)) or any other content owned by and submitted by users to the Soundfreakz Platform.
Unless expressly granted in writing by Soundfreakz, no rights in or to the "content" except those expressly set forth within these Terms & Conditions are granted to you.
12. COPYRIGHT IN YOUR CONTENT
Individuals who have posted works to Soundfreakz are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. Soundfreakz does not claim ownership rights in your works or other materials posted by you to Soundfreakz (Your Content). For the sole purpose of enabling us to make your Content available through our Service (such as: soundfreakz.com website, mobile APPs and other related services provided by us) you grant to Soundfreakz a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content.
Subject to your strict compliance with these Terms & Service(s), Soundfreakz grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to:
- listen to audio streamed from the Website;
- submit or upload audio, images and other content to the Website strictly as permitted in accordance with these Terms & Service(s) and any other terms posted on the Website;
- embed Soundfreakz widgets on your personal website, blog or social network profile pages for non-commercial and private use only; and
- participate in the Soundfreakz social features and communicate with other members of the Soundfreakz community; You may not embed or otherwise exploit Soundfreakz widgets for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetising any element of your site which contains a Soundfreakz widget). Soundfreakz alone shall be responsible for determining, in its discretion, whether any use of a Soundfreakz widget constitutes commercial use in each individual case.
13. MONITORING CONTENT
Soundfreakz has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
14. LINKING & WIDGET POLICY
You may include links to the Website or include widgets in any website under the following criteria:
- You may link to, but not replicate, the content;
- You must not imply that Soundfreakz or the Platform are endorsing or sponsoring your website or its products, unless Soundfreakz has given its prior written consent;
- You must not present false information about Soundfreakz or its products or services;
- You must not use any Soundfreakz Content or Services except as expressly permitted in these Terms & Service(s) or without prior permission from Soundfreakz;
- The website must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial;
- The website must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights.
By linking to or embedding a widget in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed widgets for any reason in our sole and absolute discretion.
Soundfreakz widgets are designed to enable our users to share Soundfreakz with their friends. You are strictly prohibited from using any of the Soundfreakz widgets for any form of commercial use, unless with prior written consent from Soundfreakz.
If you are the operator of a commercial website and would like to include Soundfreakz widgets in your website, or if you would like to use the widgets for commercial purposes, please contact us by emailing info[at]soundfreakz.com.
Soundfreakz reserves the right to remove links or to block Soundfreakz widgets at any time and for any reason in its absolute discretion.
15. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, soundfreakz.com designates the following contact receipt of notifications of claimed copyright infringement: by Email: info[at]Soundfreakz[dot]net.
16. TRADEMARK INFORMATION
Soundfreakz and soundfreakz.com are proprietary marks of Mediakey.nl. Soundfreakz’s trademarks may not be used in connection with any product or service that is not provided by Soundfreakz, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Soundfreakz.
All other trademarks displayed on Soundfreakz’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Soundfreakz.
17. OTHER TERMS
17.1 Audio Content
Soundfreakz allows you to upload a collection of sound recordings that have been released to the public under the authority of the copyright owners of the sound recordings (the "Audio Content"), and then have that Audio Content streamed through the Soundfreakz Platform.You hereby represent and warrant that you have the necessary licenses, rights, consents, and permissions to use and authorize Soundfreakz to reproduce, publicly perform, and otherwise use Audio Content uploaded by you in the manner outlined by Soundfreakz and these Terms. You further represent and warrant that you have taken no steps, either directly or indirectly, to intentionally defeat any technological measures implemented by Soundfreakz to ensure the compliance with any laws or regulations, including, but not limited to, limitations set forth in Sections 112 and 114 of the United States Copyright Act.
17.2 Audio Content Representations and Warranties
You hereby represent and warrant that when using the Soundfreakz Platform for audio streaming, you will not interfere with the streaming mechanism of the Soundfreakz Platform, including in any way that interferes with the ability of the Soundfreakz Platform to comply with Sections 112 and 114 of the United States Copyright Act, the regulations adopted pursuant thereto or other provisions of the copyright laws of the United States or any other applicable laws and regulations of jurisdictions in which you may be resident. You further represent and warrant that any Audio Content uploaded by you onto the Soundfreakz Platform (a) will include the complete and correct titles of the sound recordings (i.e., song names), and featured recording artist names (b) you have not and will not misidentify any metadata for any Audio Content uploaded by you or any other person to the Soundfreakz Platform; (c) any Audio Content uploaded by you to the Soundfreakz Platform is from a lawfully obtained phonorecord and not from any illegally acquired content, including any content downloaded from unauthorized or illegal peer-to-peer file sharing services; and (d) the Audio Content uploaded to the Soundfreakz Platform has been publicly released in the United States under the consent of the copyright owner of the Audio Content (e.g., the Audio Content is not from a bootleg recording or unauthorized remix or recording).
17.3 Content disclaimer
You understand that when using the Soundfreakz Platform, you will be exposed to User Submissions and other content (such User Submissions and other content, collectively known as "Content") from a variety of sources, and that Soundfreakz is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Soundfreakz with respect thereto. Soundfreakz does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Soundfreakz be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, electronically mailed or otherwise displayed or transmitted through the Soundfreakz Platform.
17.4 Monitoring Users and Content
You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Soundfreakz, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Soundfreakz Platform. Soundfreakz does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, Soundfreakz chooses, in its sole discretion, to monitor Content, Soundfreakz nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that Soundfreakz may or may not pre-screen User Submissions, but that Soundfreakz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the Soundfreakz Platform. Without limiting the foregoing, Soundfreakz and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of Soundfreakz violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.
17.5 Removal of Content
Soundfreakz, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
18. GOVERNING LAW
These Terms & Service(s) and the interpretation of these Terms & Service(s) shall be governed by and construed in accordance with the laws of the Netherlands.
Protect your privacy and that of others. Please do not post private addresses, phone numbers, email addresses or other online contact details.
Stay on-topic. Please don't post messages that are unrelated to the topic.
Although Soundfreakz is a strong advocate of a free world, we are unfortunately obliged to adhere strictly to this policy so that we can make the Soundfreakz platform accessible to everyone. By abusing our service or breaking our terms we are forced to block, remove your account or report it to the appropriate authorities in case of breaking the law. We just like to keep it clean :)
20. INACTIVE ACCOUNT POLICY
We encourage users to actively log in and use Soundfreakz when they register an account. To keep your account active, be sure to log in and actively post content at least every 6 months. Accounts may be permanently disabled due to prolonged inactivity (based on a combination of posting, listening, uploading, logging in, and the date an account was created). Please note that you may not be able to tell whether an account is currently inactive, as not all signs of account activity are publicly visible.
21. LIVE- / AUDIOSTREAMS
The live- / audiostreams are serving 24/7 freetekno and experimental livesets and mixes which are prerecorded in homestudios and/or at freeparties worldwide donated by the rightful owner. If you believe that you hear your music for which you have not given permission, please get in contact with us (info[at]soundfreakz.com). We will remove your music immediately.