Introduction – SoundHex Term of Services

The following terms and conditions govern all use of the SoundHex website ("the Website"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SoundHex´s Privacy Policies) and procedures that may be published from time to time on this Site by SoundHex (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SoundHex, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

Subject to the terms and conditions of this Agreement, the Service is solely for User’s personal use. As used herein, "User" includes SoundHex´s paying customers ("Customers"). This Agreement sets forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control.

SoundHex may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. SoundHex may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.

  • User certifies to SoundHex that if User is an individual (i.e., not a corporation) User is at least 16 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

  • User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. The user shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

  • User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, the Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

  • User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. SoundHex reserves the right to bar any such activity.

  • User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any SoundHex server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.

  • User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service.

  • User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SoundHex´s systems or networks, or any systems or networks connected to the Service or to SoundHex.

  • User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

  • User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

Subscription and Cancellation. Optional premium paid services are available on the Website. If you are purchasing SoundHex premium services you can choose to purchase on a monthly or yearly subscription and your subscription will renew automatically.

Subscriptions are billed in advance on a monthly or yearly basis (as per the option chosen when you purchased such services) and are non-refundable for the subscription period they are purchased for.

Payments will be received through credit/debit card or PayPal. You agree that SoundHex may process your credit card or PayPal account on each monthly, annual, or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to a paid subscription.

If your paid subscription to SoundHex began on a day not contained in a subsequent month (e.g., your service began on March 31 and there is no April 31), SoundHex will process your payment on the last day of such month.

You may elect to cancel or downgrade your SoundHex Premium account at any time by following the steps outlined here: Login to SoundHex >> My account (upper menu) >> Account Settings >> Cancel Subscription.

It is the user’s responsibility to cancel the subscription before the renewal date of the plan chosen, in order to stop the recurring payment. In case the user can’t access the account they must send a message to [email protected], also before the renewal date, to inform they wish to terminate the subscription.

Premium service fees are non-refundable. Once the subscription is activated, either monthly or annually, the user cannot give up the purchase and request a refund for the amount paid during the subscription period. Accordingly, automatic renewals do not entitle users for refunds.
Incorrect use, lack of use or externalities that might affect the normal performance of the platform are not considered for refund requests.

Special Offers and Coupons. If you are subscribing to SoundHex with a Special Offer or Coupon (Free Month, BlogPost, etc) you should provide us with a valid credit or debit card number -discounts do not apply to Paypal payments-.

If you don’t cancel the subscription before the special offer is finished, your credit or debit card will be charged automatically, starting the first day after the offer is over. If you cancel your plan before the offer is over, no charge will be made to your card.

As a condition to use the Service, User may be required to register with her Facebook, Twitter or G+ account. The user shall provide SoundHex with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. SoundHex reserves the right to refuse registration of, or cancel a SoundHex User in its discretion. The user shall be responsible for maintaining the confidentiality of User’s SoundHex and other account information.

SoundHex may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SoundHex account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by SoundHex if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SoundHex´s notice to you thereof; provided that, SoundHex can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by SoundHex at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by SoundHex in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, the User may print or download a reasonable number of copies of the materials or content of this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of SoundHex.

SoundHex reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SoundHex may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

If User is a Customer, SoundHex makes the following warranty to Customer: SoundHex shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer´s sole remedy, and SoundHex´s exclusive liability, for defects in the Service shall be for SoundHex to use commercially reasonable efforts to promptly correct such defects. Customer represents and warrants that: (i) with respect to all information it provides to SoundHex (such as, Recipient Information), Customer has the full right and authority to make such provision and to allow SoundHex to use such information to provide the Service (including, without limitation, for SoundHex to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.

The Website is provided "as is". SoundHex and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SoundHex nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

In no event will SoundHex, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SoundHex under this agreement during the twelve (12) month period prior to the cause of action. SoundHex shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You represent and warrant that (i) your use of the Website will be in strict accordance with the SoundHex Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

SoundHex´s current privacy policy is available at the Site (the "Privacy Policy"), which is incorporated by this reference. SoundHex strongly recommends that you review the Privacy Policy closely.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SoundHex or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of SoundHex and protected by U.K. and international copyright laws. All software used on (or provided through) the Site is the property of SoundHex or its software suppliers and protected by United States and international copyright laws.

You agree to indemnify and hold harmless SoundHex, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys´ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.