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Attribution and Branding
When displaying or streaming User Content, you must ensure that your app:
- credits the Uploader as the creator of that User Content;
- credits Soundman as the source of that User Content; and
- includes (in the case of web pages and mobile web pages) clearly visible backlinks from the relevant sounds within your app to the URL for the relevant sound on soundmanrecords.com (permalink_url).
We may occasionally provide buttons, logos and other branding elements featuring certain Soundman Marks for use within your app, including for the purposes of some of the attributions required above – these resources will be available here. You can use these resources as we direct, but mustn’t make any changes or modifications.
Naming Your App
You must not use any Soundman Marks, or any confusingly similar mark, as the name or part of the name of your app (for example, “Soundmaneriffic”), or as part of any logo, icon or branding for your app.
Promoting Your App
Generally, you must not use any Soundman Marks in any advertising, promotional or marketing materials for your app. However, you may use the name “Soundman®” in a written description of your app in order to describe the fact that your app connects to Soundman® via the Soundman® API but not in the name of your app. If you do this, you must make sure that “Soundman” always appears either in uppercase (“SOUNDMAN”), or in lower case with the “S” and the “C” capitalized (“Soundman”), and the first time that the name appears in any piece of text, it should be followed by a superscript “®” indicating a registered trade mark (i.e. “SOUNDMAN®“). You must not use the name in any way that takes unfair advantage of our goodwill or reputation in the Soundman Marks, and you must not make any suggestion, directly or indirectly, that your app is an official Soundman® app or is endorsed by Soundman in any way.
You must not operate your app from any domain that includes the word “Soundman” or any obvious derivation or misspelling of the word “Soundman”, or from any domain that is likely to cause an end user to believe that your app originates from, or is endorsed by Soundman.
If we amend or update any of the Soundman Marks or any of the Resources mentioned above, we reserve the right to require you to use the updated versions, and you shall commence using those updated versions in place of the previous versions promptly following any notification from us to that effect (and in the case of software Applications, with effect from your next version release).
Press and Publicity
You must not issue any press release or similar public announcement regarding your app that makes any reference to Soundman (except as permitted in the “Promoting Your App” section above) without our prior written consent.
If we choose to feature your app in our App Gallery (which we don’t guarantee to do), you agree that we may use the name of your company and/or the name and logo of your app for this purpose. We may also use your company and app name and logo in presentations, reports, case studies, marketing materials and similar documentation for as long as you make use of the Soundman® API.
There are a few general rules when it comes to use of the Soundman® API:
- You must not, and must not attempt to, collect and store the names, usernames, email addresses, or other credentials of Soundman®users through your use of the Soundman® API, except to the extent necessary for the proper functioning of your app.
- You must not, and must not attempt to, sell any User Content without the explicit permission of the relevant Uploader, or any Personal Data under any circumstances.
- You must not attempt to resell any service delivered via the Soundman®platform or any part of any such service.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any data from the Soundman®platform, other than User Content and Personal Data that is legitimately accessible to you via the Soundman®
- You must not use the Soundman®API to distribute spam or other unsolicited advertising or promotional messages, or to send messages, make comments, or initiate any other direct communication or contact with users of the Soundman® You must also not use the Soundman® API to permit, encourage, or incentivise other people to do any of these things. This section does not apply to any use of the Soundman® API to enable users to send messages or make comments in accordance with the User Terms, where these messages and comments are specifically and deliberately initiated by the relevant user via authenticated access, and are not made in response to any encouragement or incentive provided by you or your app.
- You must not remove or attempt to remove or interfere with any advertising delivered via the Soundman®
- You must not use the Soundman®API to commit or engage in, or encourage, induce, solicit or promote, any conduct that violates any law or regulation, or constitutes a breach of the User Terms, including content piracy, stream ripping, and/or facilitating unauthorized access to third party intellectual property.
- You must not use the Soundman®API or any User Content for any app that depicts sexually explicit images, promotes violence or discrimination, or engages in the sale or advertisement of pornography, tobacco products, firearms, illegal or prescription drugs.
- You must not use the Soundman®API to violate, misappropriate or infringe any copyright, trademark rights, rights of privacy or publicity, confidential information or any other right of any third party. You must not use the Soundman® API to permit, encourage, solicit or facilitate anyone else (for example, users of your app) to do any of these things.
- You must ensure that your app does not replicate a substantial number of features and/or the overall experience of Soundman®, and must ensure that the visual design of your app is not confusingly similar to the design or look and feel of any part of the Soundman®platform, including without limitation, any Soundman website, the Soundman® desktop app and/or any Soundman® mobile app.
- You must not alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Soundman®platform, any User Content and/or any documentation relating to the Soundman®
- You must not use clips of User Content to create games or other applications to create a separate business.
- You must not use the Soundman® API for any so-called stream ripping, stream capture or similar applications designed to make permanent copies of User Content.
- Your app must not facilitate upload of audio or video content to any third party site or application.
- You must not, and must not permit any third party to, copy or adapt the object code, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of the Soundman®API or any part of the Soundman® platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to any User Content (but this section shall not prevent you from using any Soundman SDKs that we may release under an open source licence).
- You must not use the Soundman®API to violate, circumvent or attempt to violate or circumvent any data security measures employed by Soundman or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Soundman’s servers, system or network or attempt to breach Soundman’s data security or authentication procedures; attempt to interfere with the Soundman® platform (or any part thereof) by any means including, without limitation, hacking Soundman’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
- You must not attempt to obtain more client IDs than you reasonably require for the development, testing and operation of your app.
- You must not rent, sell or lease access to the Soundman®API or any User Content or Personal Data, and must not sell or transfer, or offer to sell or transfer, your client secret to any third party without the prior written approval of Soundman.
- You must not use or attempt to use another person’s client ID and/or client secret, unless you are working on the same app.
- You must not use the Soundman®API to distribute any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, and must not use the Soundman® API for any purpose which or might overburden, impair or disrupt the Soundman® platform, servers or networks.
- You must ensure that all networks, hardware and software necessary to operate your app (other than the Soundman®platform or the Soundman® API) are configured and operate to commercially reasonable standards of security. In the event of any breach of security involving the Soundman API or any User Content or Personal Data, you must notify Soundman immediately and work diligently to remedy such security breach as soon as practicable. You shall not make any public statement regarding any such security breach without the prior written approval of Soundman.
Other Legal Terms
Everything related to the Soundman API is owned by Soundman
You hereby acknowledge that, as between you and Soundman, all rights, title and interest, including without limitation, all intellectual property rights, in and to the Soundman® API, any and all documentation provided by Soundman in connection therewith, the Soundman® platform and the Soundman Marks, are owned by Soundman.
Respect our confidential information
We may develop competing apps
Representations and Warranties
You are responsible for all things relating to the distribution and use of your app
You hereby represent and warrant to Soundman as follows:
- You have the right to distribute and make available your app to end users thereof, and your app and end users’ use of your app in compliance with your app’s terms of service (if any), does not and will not infringe or violate the rights of any third party or any applicable law, rule or regulation.
- You have obtained, and will maintain throughout all periods during which you make use of the Soundman®API, any and all licences, consents, permissions and/or clearances necessary in order for you to develop, implement, operate, distribute, make available and support your app, and to enable end users to use your app (e.g. any synchronization licences that may be necessary if you are combining User Content with visual media output such as video or images, and any public performance licences with respect to any copyrighted music made available via your app).
- You will comply with all applicable laws in connection with your use of the Soundman®API and all User Content and Personal Data accessed thereby, including without limitation, all applicable intellectual property and data protection laws in all relevant jurisdictions.
- You will not use the Soundman®API or any User Content or Personal Data for any purpose that is fraudulent, illegal, libellous, defamatory, offensive, discriminatory or in any way that promotes, solicits or condones the infringement of intellectual property rights, or otherwise brings Soundman into disrepute.
Liability for User Content
Soundman is not responsible for User Content
You hereby acknowledge and agree that (i) Soundman® users are solely responsible for User Content that they upload, post or distribute to, on or through the Soundman® platform, (ii) Soundman cannot and does not review the User Content created or uploaded by its users, and Soundman has no obligation, and does not undertake or assume any duty, to monitor the Soundman® platform for User Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of the User Terms or applicable law; and (iii) the availability of User Content on the Soundman® platform and over the Soundman® API is a matter controlled by the relevant Uploader as the owner of the relevant User Content, and not by Soundman (subject to the removal of any item of User Content by Soundman in response to any reports of copyright infringement made against the Uploader).
Soundman hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from any User Content uploaded to the Soundman® platform by Soundman® users and accessed by you and users of your app, 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.
By using the Soundman® API, you irrevocably waive the right to assert any claim with respect to any of the foregoing, or any other claim related to your use of the Soundman® API, against Soundman or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Soundman gives no guarantees regarding the API or other things provided under these terms
THE SOUNDMAN® API, THE SOUNDMAN® PLATFORM, THE SOUNDMAN MARKS AND ALL USER CONTENT AND PERSONAL DATA ACCESSED THROUGH OR VIA THE SOUNDMAN API, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST SOUNDMAN USES ALL REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS ON THE SOUNDMAN® PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO SOUNDMAN’S ATTENTION, SOUNDMAN MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SOUNDMAN® PLATFORM, THE SOUNDMAN® API OR ANY PART OR PARTS THEREOF, THE SOUNDMAN MARKS OR ANY USER CONTENT OR PERSONAL DATA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR ANY GUARANTEE THAT ANY PARTICULAR ITEM(S) OF USER CONTENT IS, ARE OR WILL BE AVAILABLE ON THE SOUNDMAN® PLATFORM AND/OR WILL BE ACCESSIBLE VIA THE SOUNDMAN® API AT ANY OR ALL TIMES OR AT ALL. SOUNDMAN DOES NOT WARRANT THAT ANY USER CONTENT IS CLEARED FOR THE USE THAT YOU INTEND TO MAKE OF IT VIA YOUR APP AND DOES NOT PROVIDE YOU WITH THE BENEFIT OF ANY LICENCES (ON A PASS THROUGH BASIS OR OTHERWISE) THAT SOUNDMAN MAY HAVE OR OBTAIN WITH RESPECT TO ANY USER CONTENT AND ANY SUCH BENEFIT THAT MIGHT OTHERWISE BE GRANTED OR IMPLIED AS A MATTER OF LAW IS HEREBY EXCLUDED SOUNDMAN DOES NOT WARRANT THAT YOUR USE OF THE SOUNDMAN® API WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOUNDMAN® PLATFORM, THE SOUNDMAN® API, THE USER CONTENT OR PERSONAL DATA OR ANY PART OR PARTS THEREOF, OR THE SERVERS ON WHICH THE SOUNDMAN® PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOUNDMAN DOES NOT WARRANT THAT ANY CALLS TO THE SOUNDMAN® API OR ANY TRANSMISSION OF USER CONTENT WILL BE SECURE OR THAT ANY ELEMENTS OF THE SOUNDMAN® PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF USER CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SOUNDMAN® PLATFORM OR THE SOUNDMAN® API IS LAWFUL IN ANY PARTICULAR JURISDICTION.
SOUNDMAN AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, TOGETHER WITH ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Any liability that Soundman does have will exclude the things listed below
SOUNDMAN AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR DAMAGE ARISING FROM:
- YOUR INABILITY TO ACCESS OR USE THE SOUNDMAN®API, OR TO ACCESS ANY USER CONTENT, PERSONAL DATA OR THE SOUNDMAN® PLATFORM VIA THE SOUNDMAN® API;
- ANY CHANGES THAT SOUNDMAN MAY MAKE TO THE SOUNDMAN®API OR TO THE SOUNDMAN® PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SOUNDMAN® PLATFORM, THE SOUNDMAN® API OR ANY OR ALL USER CONTENT OR PERSONAL DATA IN OR FROM ANY OR ALL TERRITORIES;
- ANY REMOVAL BY THE UPLOADER, SOUNDMAN OR ANY AUTHORISED THIRD PARTY OF ANY PARTICULAR ITEM OF USER CONTENT FROM THE SOUNDMAN®PLATFORM, OR ANY CHANGES MADE TO THE AVAILABILITY OF SUCH USER CONTENT OR THE USE PERMITTED TO BE MADE OF THAT CONTENT OVER THE SOUNDMAN® API;
- ANY ACTION TAKEN AGAINST YOU BY ANY USER OR THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO YOUR ACCESS TO OR USE OF ANY USER CONTENT OR PERSONAL DATA VIA THE SOUNDMAN®API, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY SOUNDMAN OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SOUNDMAN® API OR ANY USER CONTENT OR PERSONAL DATA ACCESSED THEREBY;
- ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SOUNDMAN®PLATFORM OR THE SOUNDMAN® API, OR FROM ANY INACCURACY OR DEFECT IN ANY USER CONTENT OR PERSONAL DATA;
- YOUR FAILURE TO PROVIDE SOUNDMAN WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME, PASSWORD OR CLIENT SECRET SUITABLY CONFIDENTIAL;
- ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ADDITIONALLY, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SOUNDMAN AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND SOUNDMAN, AND THAT SOUNDMAN’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You need to be responsible for any loss that we suffer as the result of your use of our API
Either party can terminate use of the API as described below
On termination, all right granted hereunder shall cease. You shall immediately cease all use of the Soundman® API, shall remove any and all Soundman Marks from your app or any advertising, marketing and promotional materials related thereto, shall destroy all Confidential Information, and shall delete all User Content and Personal Data.
Effective Date: 29 April 2020