Soundscape Terms Of Service

ACCEPTANCE OF TERMS

Welcome to Soundscape. This Agreement contains the complete terms of service that apply when you visit our Soundscape app or choose to browse the content herein. By using Soundscape, you agree to be bound by these terms of use and shall comply with them. This Agreement describes and encompasses the entire agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the content provided through Soundscape and/or its app and the subject matter of this Agreement. For information on how we collect, use, and protect your personal information, please refer to our Privacy Policy.

AGE RESTRICTION

By using Soundscape, you affirm that you are at least 13 years of age. The services offered by Soundscape are not intended for use by individuals under the age of 13. If you are under 13, you are not permitted to use or access Soundscape, its services, or content. By accepting these Terms of Service, you represent and warrant that you meet this age requirement.

EDITING, DELETING, AND MODIFICATION

We may edit, delete, or modify any of the terms and services contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on Soundscape. YOUR CONTINUED USE OF Soundscape FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Soundscape LLC is not responsible if information made available on Soundscape website or the app is not accurate, complete, or current. The material on Soundscape is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on Soundscape is at your own risk. We reserve the right to modify the contents of Soundscape at any time without obligation to update any information. You understand and agree that it is your responsibility to monitor changes to Soundscape.

LICENSE AND SOUNDSCAPE ACCESS

Soundscape LLC grants you a limited license to access and make personal use of Soundscape and not to download or modify it, or any portion of it, except with express written consent from our company. Soundscape or any portion of Soundscape may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent from our company. The right to access our website and app does not include any resale or commercial use of its contents, nor does it allow you to download or copy any account information for the benefit of another merchant. Any unauthorized use terminates the permission or license granted by Soundscape.

FOR SPOTIFY USERS ON SOUNDSCAPE

If you choose to connect your Spotify account to Soundscape, you agree to the following terms in addition to our general Privacy Policy:

Soundscape makes no warranties or representations on behalf of Spotify. We expressly disclaim all implied warranties regarding the Spotify Platform, Spotify Service, and Spotify Content, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
You may not modify, adapt, or create derivative works based on the Spotify Platform, Spotify Service, or Spotify Content.
You are strictly prohibited from decompiling, reverse-engineering, disassembling, or otherwise attempting to derive source code or any human-perceivable form from the Spotify Platform, Spotify Service, or Spotify Content, to the fullest extent permitted by law.
You acknowledge that Soundscape is solely responsible for its products and services. Spotify is not responsible for any liabilities related to your use of Soundscape.
Spotify is a third-party beneficiary of this agreement and our Privacy Policy and has the right to directly enforce these terms.

LINKS & FRAMING

You shall not use our company logo or other proprietary graphics to link to Soundscape without express written permission from Soundscape LLC. Further, you may not frame any trademark, logo, or other proprietary information, including images or content, without our express written consent. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from Soundscape. Such sites are not under our control, and we are not responsible for their content. If you decide to access links to third-party websites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or webmaster.

DISCLAIMERS

YOUR USE OF SOUNDSCAPE IS AT YOUR SOLE RISK. SOUNDSCAPE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO SOUNDSCAPE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SOUNDSCAPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF YOU DOWNLOAD ANY MATERIALS FROM SOUNDSCAPE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

CORPORATE INTELLECTUAL PROPERTY RIGHTS

You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by Intellectual Property Rights, in and to Soundscape LLC, remain the sole property of Soundscape LLC. You will not acquire any right, title, or interest in or to Soundscape except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from any of our services, software, or documentation.

USER-GENERATED CONTENT

By submitting content to Soundscape, you grant Soundscape a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, reproduce, and distribute the content in connection with providing services. You are responsible for ensuring that your content does not violate any third-party rights or laws.

CONFIDENTIALITY

You agree not to disclose information obtained from us and/or from our clients, advertisers, suppliers, and forum members. All information submitted to us by an end-user customer pursuant to a Program is proprietary information of Soundscape LLC. Such customer information is confidential and may not be disclosed.

NON-ASSIGNMENT OF RIGHTS

Your rights under this Agreement cannot be assigned or transferred to anyone, and any such attempt may result in termination of this Agreement. However, we may assign this Agreement to any person at any time without notice.

NON-WAIVER

Failure of Soundscape LLC to insist upon strict performance of any of the terms, conditions, and covenants herein shall not be deemed a relinquishment or waiver of any rights or remedies that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions, or covenants herein, which shall continue in full force and effect.

SEVERABILITY OF TERMS

In the event that any provision of these Terms of Service is found invalid or unenforceable, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms of Service shall remain valid and enforceable.

ENTIRE AGREEMENT

This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior agreements, representations, warranties, and understandings with respect to Soundscape.

GOVERNING LAW & DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to these Terms of Service or your use of Soundscape shall be resolved through binding arbitration or mediation as per the rules of the American Arbitration Association (AAA).