Terms and Conditions
This website is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of this website (the "Agreement").
Your use of this website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use this website. The Website, API and the Services are referred to together in these Terms & Conditions as the "Platform".
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Changes to the Platform and the Terms & Conditions
We reserve the right to add, delete or amend parts of these Terms & Conditions at our sole discretion and at any time without prior notice to you. It is important for you to refer to these Terms & Conditions from time to time to make sure that you are aware of any changes that we may have made. By continuing to use the site you are agreeing to be bound by the revised Terms & Conditions.
Description of Website and the Services
Access to the Platform currently provides users with access to the Services and further online tools and resources such as audio, personalised content and social features. The Platform enables you to upload, share and discover audio and personalised content with all other users on the Platform. Unless otherwise stated, any new features or tools which are added to the Website and/or the Services are subject to these Terms & Conditions. We may impose limits on certain features and/or restrict access to parts of or the entire Platform without notice or liability to you or any third party. In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
Unless otherwise noted, this website, and all materials on this website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by sndup.net.
This website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on this website for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents of this website.
When you visit sndup.net, any of our affiliate Partners, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site.
Registration and Access
In order to use the Website's features, you must set up an account using the online registration form. You are free to modify the Personal Data you provide on the form at any time. Upon validating the form, you will receive an e-mail asking you to click on a link in order to confirm your registration. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.
Intellectual Property Ownership and Licence
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future (including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities - collectively referred to as the "Content") are the property of sndup.net, its subsidiaries, affiliates and/or licensors. The Content does not include User Submissions (as defined below) or any other content owned by and submitted by users to the sndup.net Platform. Unless expressly granted in writing by sndup.net, no rights in or to the Content except those expressly set forth within these Terms & Conditions are granted to you. The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, side loading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms & Conditions is expressly prohibited without prior written permission from sndup.net or the applicable intellectual property rights holder as identified on the Website. Subject to your strict compliance with these Terms & Conditions, sndup.net 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 & Conditions and any other terms posted on the Website;
- Embed sndup.net widgets on your personal website, blog or social network profile pages for non-commercial and private use only; and
- participate in the sndup.net social features and communicate with other members of the sndup.net community; You may not embed or otherwise exploit sndup.net widgets for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetizing any element of your site which contains a sndup.net widget). Sndup.net alone shall be responsible for determining, in its discretion, whether any use of a sndup.net widget constitutes commercial use in each individual case.
Subscription fee amount: A subscription fee for use of the services is payable monthly or annually depending on the subscription type chosen by the Account Holder. The subscription rates are posted on our website and we may vary these from time to time: please see our Pricing for the rates. If you change your subscription package in the future, the change in the subscription payment amount will take effect at the next billing cycle, and an additional payment will be charged to account for the prorated change in service. Free trials: No charge for use of The Service will be made during any 'free trial' period. The Account Holder is not however entitled to benefit from more than one 'free trial' - if we discover that more than one 'free trial' has been requested, the Account Holder will become liable for payment of the subscription fee for all use of The Service made after the first 'free trial' period. Automatic renewal: Once any 'free trial' period is over, we will automatically renew the Account Holder's subscription and bill them every month using the credit or debit card details provided to us, until the subscription is cancelled. Non-payment: We shall be under no obligation to provide The Service if the subscription fee is not paid to us on time. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. If subscription fees become overdue, because for example the Account Holder's credit card has expired, we reserve the right to suspend your access to The Service until the balance is paid and we may close the Account Holder's account permanently. Cancellation: You may cancel your subscription at any time, for any reason. Upon cancellation you will continue to receive the subscription benefits until the end of the current billing cycle, and no future payments will be taken. Cancellation by you: You can cancel your subscription at any time by accessing The Service and using the "Cancel" option on the "Account Settings" page. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid. Suspension and closure by us: If you (or any other user of the account) fail to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any account (including during any 'free trial' period) for any reason, by giving one months notice.
a. General. The Platform permits the submission and posting or linking of audio, images, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by sndup.net. Sndup.net makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, sndup.net does not guarantee any confidentiality with respect to any User Submissions. b. Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to sndup.net, you hereby grant sndup.net and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Sndup.net Platform, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You hereby grant Sndup.net and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and these Terms & Conditions. c. User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Sndup.net to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Sndup.net and these Terms & Conditions and to grant the rights and license set forth above, and (ii) your User Submissions, Sndup.net 's use of such User Submissions pursuant to these Terms , and Sndup.net 's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation. d. User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish misrepresentations that could damage Sndup.net or any third party; (ii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) post User Submissions that would be harmful to minors in any manner. e. In any case of violation of any of the above user submission rules and requirements or as required by law or regulation, Sndup.net reserves the right to take court action and/or report users to the relevant authorities, for instance but not limited to when a user submission becomes subject of a copyright infringement note.
a. Audio Content. Sndup.net 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 Sndup.net Platform. You hereby represent and warrant that you have the necessary licenses, rights, consents, and permissions to use and authorize Sndup.net to reproduce, publicly perform, and otherwise use Audio Content uploaded by you in the manner outlined by Sndup.net and these Terms. b. Audio Content Representations and Warranties. You represent and warrant that any Audio Content uploaded by you onto the Sndup.net 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 Sndup.net Platform; (c) any Audio Content uploaded by you to the Sndup.net 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. c. Content disclaimer. You understand that when using the Sndup.net 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 Sndup.net 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 Sndup.net with respect thereto. Sndup.net does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Sndup.net 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 Sndup.net Platform. d. 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 Sndup.net, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Sndup.net Platform. Sndup.net 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, Sndup.net chooses, in its sole discretion, to monitor Content, Sndup.net 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 Sndup.net may or may not pre-screen User Submissions, but that Sndup.net 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 Sndup.net Platform. Without limiting the foregoing, Sndup.net and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of Sndup.net 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. e. Removal of Content. Sndup.net, 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.
Links to Other Websites
This Site may contain links to other websites. Sndup.net assumes no responsibility for the content or functionality of any non- Sndup.net website to which we provide a link.
The materials on this website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
Sndup.net expressly disclaims any duty to update or revise the materials on this website, although Sndup.net may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. Sndup.net shall not be liable for any damages of any kind related to your use of this website.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the United Kingdom in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.