1. Acceptance of the Terms of Service
This Terms of Service constitute a binding agreement between You (whether on behalf of Yourself or the entity that You represent) and Soundbounce or the company operating Soundbounce. By visiting or using the Website, You agree to accept and to be bound be this Terms of Service. You agree to use the Website at your own risk. If You do not agree to any of the terms in this Terms of Service, please do no access and/or use the Service.
Soundbounce may, in its sole discretion, modify or revise this Terms of Service from time to time for legal or regulatory reasons or to allow the proper operation of the Website. If You do not wish to accept the new terms in this Terms of Service, You should not continue to visit or use the Website. If You continue to use the Website after the date on which the change comes into effect, Your use of the Website indicates Your agreement to be bound by the new terms in this Terms of Service.
This Terms of Service set forth the legally binding terms and conditions that apply to all users of the Service.
To register on the Website, You must be eighteen (18) years old or above (or above the age of majority as defined in Your respective jurisdiction). You also represent and warrant that You have the right and capacity to use the Website in a manner consistent with any and all applicable laws in Your respective jurisdiction.
In order to use certain features of the Service, You will need to register for an account (“Account”) and provide accurate and complete information. You represent that You will maintain the accuracy of such information.
When You register for an Account, You will be required to create a password. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure at all times. You must immediately notify Soundbounce of any unauthorized use of Your Account or any breach of security. Soundbounce will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for all losses of Soundbounce due to such unauthorized use.
If You have chosen not to register on the Website, You may visit certain features as a visitor.
You may delete Your Account at any time, for any reason, by following the instructions as stated in this Terms of Service. Soundbounce may, in its sole discretion, terminate or cancel Your Account in the event You have breached this Terms of Service.
4. Access to the Service
Soundbounce hereby grants You a limited, terminable, non-exclusive, and non-transferable right to use and access the Service, provided that (including but not limited to the below):
• You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Service, or any content displayed on the Service without Soundbounce’s prior written authorization.
• You shall not modify or alter any part of the Service.
• You shall not access the Service through any technology or means other than the technology provided on the Service, or other authorized means Soundbounce may designate.
• You shall not sell access to the Service, or sell advertising, sponsorships or promotions within the Service of the content on the Service without Soundbounce’s prior written approval.
Soundbounce reserves the right at any time, to modify, suspend or discontinue the Service with or without notice to You. You agree that Soundbounce will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Service. You further agree that Soundbounce will have no obligation to provide You with any support or maintenance in connection with the Service. Unless otherwise indicated, any future release, update or other added functionality of the Service shall be subject to this Terms of Service.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Service in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content on the Service.
5. User Information
You understand that all information or messages that You submit (including information found on Your Account) is accurate and correct. Soundbounce has no responsibility or obligation to ensure the accuracy and correctness of the User Information.
6. Suspension or Cancellation of Account
Soundbounce may, in its sole discretion, suspend or cancel Your Account immediately if You breach any of Your obligations under this Terms of Service.
You understand and agree that if You cancel Your Account or if Your Account is terminated, all the information will be marked as deleted. That information may continue to be available for some period of time because of delays in propagating such deletion through Soundbounce’s web server.
You acknowledge that all trademarks, service marks, copyrights, and logos (“Marks”) on the Service are owned by Soundbounce or licensed to Soundbounce. Neither this Terms of Service nor Your access to the Service transfers to You or any third party any rights, title, or interest in or to such Marks, except as otherwise provided in this Terms of Service.
8. Intellectual Property Rights
Soundbounce, the Website, and all rights, title, and interest in relation to Soundbounce are the exclusive property of Soundbounce. The Website is protected by copyright, trademarks, and other intellectual property rights.
9. Aggregated Anonymous Data
Notwithstanding anything to the contrary herein, You agree that Soundbounce may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from users’ data and any other data related to the Service, including, but not limited to, using such data for any internal business purposes, and for the improvement, support, and operation of the Service, and/or the development of the Website.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUNDBOUNCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SOUNDBOUNCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE WEBSITE AND/OR SERVICE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
11. Limitation of Liability
IN NO EVENT SHALL SOUNDBOUNCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT SOUNDBOUNCE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Soundbounce, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) Your use of and access to the Service; (ii) Your violation of any of this Terms of Service; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Your violation of applicable laws or regulations; or (v) any claim that Your use of the Service caused damage to a third party. This defense and indemnification obligation will survive the termination of this Terms of Service and/or Your use of the Service. Soundbounce reserves the right to assume the defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.
The parties are independent contractors, and no employment, agency, or joint venture is created hereunder. This Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by You, but may be assigned by Soundbounce without restriction.
14. International Use
Soundbounce makes no promise that information on the Website are appropriate or available for use in Your location, and accessing the Website from territories where such information is illegal or unlawful is prohibited. If You choose to access the Website from Your location, You shall on Your own initiative and are responsible for compliance with local laws and regulations.
15. Governing Law and Dispute Resolution
This Terms of Service shall be governed by, and shall be construed in accordance with the laws of Singapore. All disputes arising out of or relating to this Terms of Service, shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”) administered SIAC Arbitration Rules in force when the notice of arbitration is submitted in accordance with these rules. The number of the arbitrator shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
16. Entire Terms
This Terms of Service constitutes the entire agreement between You and Soundbounce regarding its subject matter and supersedes any previous written or oral agreement between You and Soundbounce. Should any provision of this Terms of Service be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Terms of Service will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.
Unless as otherwise stated in this Terms of Service, should any provision of this Terms of Service be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.
18. Electronic Communications
You agree that the communications between You and Soundbounce uses electronic means. For contractual purposes, You (a) consent to receive communications from Soundbounce in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Soundbounce provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
Last Updated: 24 November 2020