SOUND SAUCE
Terms of Use
LAST UPDATED 27/06/2024
SOUNDSAUCE LTD, doing business as SOUND SAUCE (“SOUND SAUCE”), is a company registered in The United Kingdom under registration number 14906829.
SOUND SAUCE operates the website [soundsauce.io] (the “Platform” and the “Site”), as well as any other related products and Services that refer or link to these Legal Terms (the “Legal Terms” and the “Terms”) (Collectively, the “Service/s”).
These Legal Terms constitute a legally binding Agreement made between the User, whether personally or on behalf of an entity (“the User”), and SOUND SAUCE, and concerning the User’s access to and use of the Services. the User agrees that by accessing the Services, the User has read, understood, and agreed to be bound by all of these Legal Terms. IF THE USER DOES NOT AGREE WITH ALL OF THESE LEGAL TERMS, WITH NO EXCEPTIONS, THEN THE USER IS EXPRESSLY PROHIBITED FROM USING THE Services AND THE USER MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service are hereby expressly incorporated herein by reference. SOUND SAUCE reserves the right, in SOUND SAUCE’s sole discretion, to make changes or modifications to these Legal Terms. SOUND SAUCE shall alert the User about any changes by updating the “Last updated” date of these Legal Terms, and the User waives any right to receive specific notice of each such change. It is the User’s responsibility to periodically review these Legal Terms to stay informed of updates. the User be subject to, and shall be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by the User’s continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If the User is a minor, the User must have his/her parent or guardian read and agree to these Legal Terms prior to the User using the Services.
SOUND SAUCE recommends that the User prints a copy of these Legal Terms for the User’s records.
1. SOUND SAUCE’S SERVICES NOTICE
The information provided when using the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SOUND SAUCE to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
SOUND SAUCE is the owner or the licensee of all intellectual property rights in SOUND SAUCE’s Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (Collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (Collectively, the “Marks”).
Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and around the world.
The Content and Marks are provided in or through the Services “AS IS” for the User’s personal, non-commercial use and/or internal business purpose only.
3. THE USER’S USE OF SOUND SAUCE’S SERVICES
Subject to the User’s compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, SOUND SAUCE grants the User a non-exclusive, non-transferable, revocable license to access the Services; and download or print a copy of any portion of the Content to which the User have properly gained access to
solely for the User’s personal, non-commercial use and/or internal business purpose.
Except as set out in this section or elsewhere in SOUND SAUCE’s Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without SOUND SAUCE’s express prior written permission.
If SOUND SAUCE grants the User the permission to post, reproduce, and/or publicly display any part of SOUND SAUCE’s Services or Content, the User must identify SOUND SAUCE as the owner and/or the Users of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying SOUND SAUCE’s Content.
SOUND SAUCE reserves all rights not expressly granted to the User in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights shall constitute a material breach of SOUND SAUCE’s Legal Terms and the User’s right to use SOUND SAUCE’s Services shall terminate immediately.
4. THE USER’S SUBMISSIONS, CONTRIBUTIONS AND PROVIDED DATA
WITH FULL RESPECT TO SOUND SAUCE’S PRIVACY POLICY
Review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using SOUND SAUCE’s Services to understand:
a. the rights the User gives SOUND SAUCE and
b. obligations the User has when the User posts and/or uploads any content through the Services.
I. Submissions: By directly sending SOUND SAUCE any question, comment, suggestion, idea, feedback, or other information about the Services (the “Submissions”), the User agrees to assign to SOUND SAUCE all intellectual property rights in such Submission. the User agrees that SOUND SAUCE shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to the User.
II. Contributions: The Services may invite the User to chat, contribute to, and/or participate in blogs, message boards, online forums, and other functionality during which the User may create, submit, post, display, transmit, publish, distribute, and/or broadcast content and materials to SOUND SAUCE and/or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (the “Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
the User hereby represents and warrants that:
a. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of the User’s Contributions do not and shall not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
b. the User is the creator and owner of or has the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use the User’s Contributions in any manner contemplated by the Services and these Legal Terms.
c. the User has the written consent, release, and/or permission of each and every identifiable individual person in the User’s Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User’s Contributions in any manner contemplated by the Services and these Legal Terms.
d. the User’s Contributions are not false, inaccurate, or misleading.
e. the User’s Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
f. the User’s Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
g. the User’s Contributions do not ridicule, mock, disparage, intimidate, or abuse users and non-users of the Platform.
h. the User’s Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
i. the User’s Contributions do not violate any applicable law, regulation, or rule.
j. the User’s Contributions do not violate the privacy or publicity rights of any third party.
k. the User’s Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
l. the User’s Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
m. the User’s Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of the User’s rights to use the Services.
The User understands that Contributions may be viewable by other users of the Services and possibly through third-party websites.
III. When the User posts Contributions, the User grants SOUND SAUCE a license (including use of the User’s name, trademarks, and logos): By posting any Contributions, the User grants SOUND SAUCE an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit the User’s Contributions (including, without limitation, the User’s image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, the User’s Contributions, and to sublicense the licenses granted in this section. SOUND SAUCE’s use and distribution may occur in any media format and through any media channels.
This license includes SOUND SAUCE’s use of the User’s name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images the User provides.
IV. The User is responsible for what the User posts and/or uploads: By sending SOUND SAUCE Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking the User’s account through the Services to any of the User’s social networking accounts, the User:
a. confirm that the User has read and agreed with SOUND SAUCE’s “PROHIBITED ACTIVITIES” and shall not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
b. to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
c. warrant that any such Submissions and/or Contributions are original to the User or that the User have the necessary rights and licenses to submit such Submissions and/or Contributions and that the User have full authority to grant SOUND SAUCE the above-mentioned rights in relation to the User’s Submissions and/or Contributions; and
d. warrant and represent that the User’s Submissions and/or Contributions do not constitute confidential information.
The User is solely responsible for the User’s Submissions and/or Contributions and the User expressly agrees to reimburse SOUND SAUCE for any and all losses that SOUND SAUCE may suffer because of the User’s breach of this section, any third party’s intellectual property rights, and/or applicable law.
V. SOUND SAUCE may remove or edit the User’s Content: Although SOUND SAUCE has no obligation to monitor any Contributions, SOUND SAUCE shall have the right to remove or edit any Contributions at any time without notice if in SOUND SAUCE’s reasonable opinion SOUND SAUCE consider such Contributions harmful or in breach of these Legal Terms. If SOUND SAUCE remove or edit any such Contributions, SOUND SAUCE shall have the right to suspend or disable the User’s account and/or report the User to the authorities.
VI. SOUND SAUCE does not assert any ownership over the User’s Contributions. the User retains full ownership of all of the User’s Contributions and any intellectual property rights or other proprietary rights associated with the User’s Contributions. SOUND SAUCE is not liable for any statements or representations in the User’s Contributions provided by the User in any area of the Services. The User is solely responsible for the User’s Contributions to the Services and the User expressly agrees to exonerate SOUND SAUCE from any and all responsibility and to refrain from any legal action against SOUND SAUCE regarding the User’s Contributions.
SOUND SAUCE shall have the right, in SOUND SAUCE’s sole and absolute discretion, to edit, redact, or otherwise change any Contributions; to re-categorize any Contributions to place them in more appropriate locations on the Services; and to pre-screen or delete any Contributions at any time and for any reason, without notice. SOUND SAUCE has no obligation to monitor the User’s Contributions.
VII. USER DATA: SOUND SAUCE shall maintain certain data that the User transmits to the Services for the purpose of managing the performance of the Services, as well as data relating to the User’s use of the Services. Although SOUND SAUCE performs routine backups of data, the User is solely responsible for all data that the User transmits or that relates to any activity the User has undertaken using the Services. the User agrees that SOUND SAUCE shall have no liability to the User for any loss or corruption of any such data, and the User hereby waives any right of action against SOUND SAUCE arising from any such loss or corruption of such data.
VIII. Data provided by the User
a. The User must provide accurate, current, and complete information to SOUND SAUCE during registration and use of the Platform. It is the User’s responsibility to ensure that all account details, including the E-mail address, are accurate and kept up-to-date. All information provided by the User shall be accepted as-is.
b. Upon registration, the User receives confidential login credentials, such as a Username and password, which shall not be shared with any third party except for an authorised agent acting on the User’s behalf. The User is accountable for all activities carried out under their account.
c. In case of unauthorized access or a breach of the account information, the User must promptly notify SOUND SAUCE. If there is a suspected compromise, the User is responsible for informing SOUND SAUCE immediately. The User shall be held liable for any losses incurred by SOUND SAUCE, Users, or Third Parties due to unauthorized account use before notifying SOUND SAUCE of the breach.
d. The User acknowledges and agrees that SOUND SAUCE may access, preserve, and disclose the account information and content if required by law or in good faith belief that such action is necessary to comply with legal processes, enforce the Legal Terms, respond to claims of content infringement, address customer service requests, or protect the rights, business interests, property, or safety of SOUND SAUCE, its employees, users, Third Parties, and the public.
5. PROHIBITED ACTIVITIES
The User may not access or use the Services for any purpose other than that for which SOUND SAUCE makes the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by SOUND SAUCE.
As a user of the Services, the User agrees not to:
a. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission.
b. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
c. Use a buying agent or purchasing agent to make purchases on the Services.
d. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
e. Engage in unauthorized framing of or linking to the Services.
f. Trick, defraud, or mislead SOUND SAUCE and other users, especially in any attempt to learn sensitive account information such as user passwords.
g. Make improper use of SOUND SAUCE’s support Services or submit false reports of abuse or misconduct.
h. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
i. Interfere with, disrupt, or create an undue burden on the Services or the networks or Services connected to the Services.
j. Attempt to impersonate another user or person or use the username of another user.
k. Use any information obtained from the Services in order to harass, abuse, or harm another person.
l. Use the Services as part of any effort to compete with SOUND SAUCE or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
m. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
n. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
o. Harass, annoy, intimidate, or threaten any of SOUND SAUCE’s employees or agents engaged in providing any portion of the Services to the User.
p. Delete the copyright or other proprietary rights notice from any Content.
q. Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
r. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
s. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).
t. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
u. Disparage, tarnish, or otherwise harm, in SOUND SAUCE’s opinion, SOUND SAUCE and/or the Services.
v. Use the Services in a manner inconsistent with any applicable laws or regulations.
6. USER REPRESENTATIONS
By using the Services, the User represents and warrants that:
a. all registration information the User submits shall be true, accurate, current, and complete;
b. the User shall maintain the accuracy of such information and promptly update such registration information as necessary;
c. the User has the legal capacity and the User agrees to comply with these Legal Terms;
d. the User is not a minor in the jurisdiction in which the User resides, or if a minor, the User has received parental permission to use the Services;
e. the User shall not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
f. the User shall not use the Services for any illegal or unauthorized purpose; and
g. the User’s use of the Services shall not violate any applicable law or regulation.
If the User provides any information that is untrue, inaccurate, not current, or incomplete, SOUND SAUCE shall have the right to suspend or terminate the User’s account and refuse any and all current or future use of the Services (or any portion thereof).
7. USER REGISTRATION
The User may be required to register to use the Services. the User agrees to keep the User’s account password confidential and shall be responsible for all use of the User’s account and password. SOUND SAUCE reserves the right to remove, reclaim, or change a username the User selects if SOUND SAUCE determines, in SOUND SAUCE’s sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
8. PURCHASES AND PAYMENT DETAILS
The User agrees to provide current, complete, and accurate purchase and account information for all purchases made via the Services. The User further agrees to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that SOUND SAUCE can complete the User’s transactions and contact the User as needed. Sales tax shall be added to the price of purchases as deemed required by SOUND SAUCE.
9. GUIDELINES FOR REVIEWS
SOUND SAUCE may provide the User with surveys on the Services to leave reviews or ratings. When posting a review, the User must comply with the following criteria:
a. The user shall have first-hand experience with the subject reviewed;
b. The User’s reviews shall not contain offensive profanity, abusive, racist, offensive, and/or hateful language;
c. The User’s reviews shall not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, and/or disability;
d. The user’s reviews shall not contain references to illegal activity;
e. The User shall not be affiliated with competitors if posting negative reviews;
f. The User shall not make any conclusions as to the legality of conduct;
g. The User shall not post any false or misleading statements; and
h. The User shall not organize a campaign encouraging others to post reviews, whether positive or negative.
SOUND SAUCE may accept, reject, or remove reviews at SOUND SAUCE’s sole discretion. SOUND SAUCE have absolutely no obligation to screen reviews or to delete reviews, even if users consider reviews objectionable or inaccurate. Reviews are not endorsed by SOUND SAUCE and do not necessarily represent SOUND SAUCE’s opinions or the views of any of SOUND SAUCE’s affiliates or partners. SOUND SAUCE does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, the User hereby grants to SOUND SAUCE a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by SOUND SAUCE.
SOUND SAUCE is not responsible for any Third- Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, appropriateness, offensiveness, opinions, reliability, privacy practices, or other policies of and/or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If the User decides to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, the User does so at the User’s own risk, and the User shall be aware these Legal Terms no longer govern. the User shall review the applicable terms and policies, including privacy and data gathering practices, of any website to which the User navigates from the Services or relating to any applications the User uses or installs from the Services. Any purchases the User makes through Third-Party Websites shall be through other websites and from other companies, and SOUND SAUCE takes no responsibility concerning such purchases which are exclusively between the User and the applicable third party.
The User agrees and acknowledges that SOUND SAUCE does not endorse the products or Services offered on Third-Party Websites and the User shall hold SOUND SAUCE blameless from any harm caused by the User’s purchase of such products or Services. Additionally, the User shall hold SOUND SAUCE blameless for any losses sustained by the User or harm caused to the User relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11. SERVICES MANAGEMENT
SOUND SAUCE reserves the right, but not the obligation, to:
a. monitor the Services for violations of these Legal Terms;
b. take appropriate legal action against any individual, legal or natural, who, in SOUND SAUCE’s sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
c. in SOUND SAUCE’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of the User’s Contributions or any portion thereof;
d. in SOUND SAUCE’s sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to SOUND SAUCE’s systems; and
e. otherwise, manage the Services in a manner designed to protect SOUND SAUCE’s rights and property and to facilitate the proper functioning of the Services.
f. SOUND SAUCE shall every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, SOUND SAUCE does not guarantee that the colours, features, specifications, and details of the products shall be accurate, complete, reliable, current, or free of other errors, and the User’s electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and SOUND SAUCE cannot guarantee that items shall be in stock.
12. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SOUND SAUCE OR SOUND SAUCE’S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM THE USER’S USE OF THE SERVICES, EVEN IF SOUND SAUCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. PRIVACY POLICY
Review SOUND SAUCE’s Privacy Policy: https://soundsauce.io/privacy-policy . By using the Services, the User agrees to be bound by SOUND SAUCE’s Privacy Policy, which is incorporated into these Legal Terms.
Be advised the Services are hosted in The United Kingdom. If the User accesses the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in The United Kingdom, then through the User’s continued use of the Services, the User is transferring the User’s data to The United Kingdom, and the User expressly consents to have the User’s data transferred to and processed in The United Kingdom.
SOUND SAUCE DOES NOT KNOWINGLY ACCEPT, REQUEST, OR SOLICIT INFORMATION FROM CHILDREN OR KNOWINGLY MARKET TO CHILDREN. IF SOUND SAUCE RECEIVES ACTUAL KNOWLEDGE THAT ANYONE UNDER THE AGE OF 13 HAS PROVIDED PERSONAL INFORMATION TO SOUND SAUCE WITHOUT THE REQUISITE AND VERIFIABLE PARENTAL CONSENT, SOUND SAUCE SHALL DELETE THAT INFORMATION FROM THE Services AS QUICKLY AS IS REASONABLY PRACTICAL.
14. COPYRIGHT NOTICE AND POLICY
I. Notifications
SOUND SAUCE respects the intellectual property rights of others. If the User believes that any material and/or Content available on or through the Services infringes upon any copyright the User owns and/or controls, the User shall immediately notify SOUND SAUCE on the communication means mentioned at the end of the Legal Terms.
A copy of the User’s Notification (a “Notification”) shall be sent to the person who posted or stored the material addressed in the notification. Noting that pursuant to the law the User may be held liable for damages if the User makes material misrepresentations in a notification. Thus, if the User is not sure that material located on or linked to by the Services infringes the User’s copyright, the User should consider first contacting an attorney.
All notifications shall meet the requirements and include the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the notification, a representative list of such works on the Services;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SOUND SAUCE to locate the material;
d. information reasonably sufficient to permit SOUND SAUCE to contact the complaining party, such as an address, telephone number, and, and E-mail address at which the complaining party may be contacted;
e. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
II. Counter Notification
If the User believes the User’s own copyrighted material has been removed from the Services as a result of a mistake or misidentification, the User may submit a written Counter Notification (a “Counter Notification”) to SOUND SAUCE on the communication means mentioned in the end of the Legal Terms.
The User’s Counter Notification shall meet the requirements and include the following information:
a. identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
b. a statement that the User consents to the jurisdiction in which SOUND SAUCE is located;
c. a statement that the User shall accept service of process from the party that filed the Notification notification or the party’s agent;
d. the User’s name, address, telephone number and E-mail address
e. a statement under penalty of perjury that the User have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
f. the User’s physical or electronic signature.
If the User sends SOUND SAUCE a valid, written Counter Notification meeting the requirements, SOUND SAUCE shall restore the User’s removed or disabled material, unless SOUND SAUCE first receives notice from the party filing the Notification informing SOUND SAUCE that such party has filed a court action to restrain the User from engaging in infringing activity related to the material in question.
IF THE USER MATERIALLY MISREPRESENTS THAT THE DISABLED OR REMOVED CONTENT WAS REMOVED BY MISTAKE OR MISIDENTIFICATION, THE USER MAY BE LIABLE FOR DAMAGES, INCLUDING COSTS AND ATTORNEY’S FEES. FILING A FALSE COUNTER NOTIFICATION CONSTITUTES PERJURY.
15. E-COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending SOUND SAUCE E-mails, and completing online forms constitute electronic communications. the User consents to receive electronic communications, and the User agrees that all agreements, notices, disclosures, and other communications SOUND SAUCE provides to the User electronically, via E-mail and/or on the Services, satisfy any legal requirement that such communication be in writing.
a. THE USER HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY SOUND SAUCE OR VIA THE Services.
b. the User hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
c. the User agrees that SOUND SAUCE may provide disclosures and notices regarding the account by posting them on SOUND SAUCE’s website, updating the Legal Terms, sending them to the E-mail address listed in the account, or mailing them to the address on file.
d. the User acknowledges that electronic disclosures and notices have the same legal significance as paper copies. These communications shall be considered received within 24 hours of being posted or emailed unless SOUND SAUCE is notified of delivery issues.
e. SOUND SAUCE may use automated telephone dialling, text messaging systems, and email to communicate messages about the Services to the User. These messages may include pre-recorded information and may be delivered to any telephone number provided.
f. By providing the contact information, the User authorizes SOUND SAUCE to contact via phone or text messages and understands that the User may incur charges from the telecommunications provider for receiving such communications. SOUND SAUCE shall not be held liable for any such charges.
g. the User agrees to inform SOUND SAUCE promptly if the contact information changes or if the User is no longer the subscriber or User of a provided telephone number or email address.
h. the User hereby consents to the utilization of electronic signatures, contracts, orders, and other documentation, as well as the electronic distribution of notifications, policies, and transaction records generated or concluded by SOUND SAUCE or through the Site.
i. The User hereby relinquishes any entitlements or stipulations under any statutes, regulations, rules, ordinances, or other legal provisions in any jurisdiction that mandate an original signature or the dispatch or storage of non-electronic records, or the facilitation of payments or issuance of credits through methods other than electronic channels.
16. MODIFICATIONS AND INTERRUPTIONS
SOUND SAUCE reserves the right to change, modify, or remove the contents and features of the Services at any time or for any reason at SOUND SAUCE’s sole discretion without notice. However, SOUND SAUCE has no obligation to update any information on SOUND SAUCE’s Services. SOUND SAUCE also reserves the right to modify or discontinue all or part of the Services without notice at any time. SOUND SAUCE shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the Services.
SOUND SAUCE does not guarantee the Services shall be available at all times. SOUND SAUCE may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. SOUND SAUCE reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice.
the User agrees that SOUND SAUCE has no liability whatsoever for any loss, damage, or inconvenience caused by the User’s inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in the Legal Terms shall be construed to obligate SOUND SAUCE to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and the User’s use of the Services are governed by and construed in accordance with the laws of The United Kingdom applicable to agreements made and to be entirely performed within The United Kingdom, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
I. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either the User or SOUND SAUCE (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least sixty days before initiating arbitration. Such informal negotiations commence upon paper and/or electronically written notice from one Party to the other Party.
II. Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, and/or online. The arbitrator shall decide in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The Legal Terms shall be governed by and construed in accordance with, the laws of The United Kingdom without regard to its conflicts of law provisions.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than three years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party shall elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
? NOTING THAT
BREACH OF THE LEGAL TERMS SHALL BE CONSTITUTED ONLY IN THE CASE OF GRAVE FAULT AND/OR SIGNIFICANT AND/OR IRREPARABLE AND/OR IRREVERSIBLE DAMAGE AND/OR VIOLATION OF AND/OR FAILURE TO PERFORM THE LEGAL TERMS. INSIGNIFICANT FAILURES, DELAYS OF APPROVAL, ARISING AND/OR UNEXPECTED TECHNICAL ISSUES, AND/OR ANY OF SUCH AND SIMILAR HAPPENINGS RELATED TO AND/OR FROM SOUND SAUCE SHALL NOT BE QUALIFIED AND/OR CONSTITUTED AS BREACH AND THE USER SHALL NOT HAVE THE RIGHT TAKE LEGAL ACTION BASED UPON SUCH CASES AGAINST SOUND SAUCE.
19. WAIVER OF RIGHTS
FAILURE OR DELAY TO ASSERT AND/OR ENFORCE ANY RIGHT OR TERM IN THE LEGAL TERMS BY SOUND SAUCE TOWARDS THE USER DOES NOT MEAN THAT THE RIGHT OR TERM IS WAIVED. NO WAIVER OF ANY OF THE TERMS OF THE LEGAL TERMS SHALL BE CONSIDERED A CONTINUING WAIVER OF THAT TERM OR ANY OTHER TERM.
20. INDEMNIFICATION
The User agrees to defend, indemnify, and hold SOUND SAUCE harmless, including SOUND SAUCE’s subsidiaries, affiliates, and all of SOUND SAUCE’s respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
a. the User’s Contributions;
b. use of the Services;
c. breach of these Legal Terms;
d. any breach of the User’s representations and warranties set forth in the Legal Terms;
e. the User’s violation of the rights of a third party, including but not limited to intellectual property rights; or
f. any overt harmful act toward any other user of the Services with whom the User connected via the Services.
g. Notwithstanding the foregoing, SOUND SAUCE reserves the right, at the User’s expense, to assume the exclusive defence and control of any matter for which the User is required to indemnify SOUND SAUCE, and the User agrees to cooperate, at the User’s expense, with SOUND SAUCE’s defence of such claims. SOUND SAUCE shall use reasonable efforts to notify the User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE BASIS”. THE USER AGREES THAT THE USER’S USE OF THE SERVICES SHALL BE AT THE USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUND SAUCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USER’S USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOUND SAUCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND SOUND SAUCE SHALL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
a. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
b. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICES,
c. ANY UNAUTHORIZED ACCESS TO OR USE OF SOUND SAUCE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
d. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
e. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
f. AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SOUND SAUCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOUND SAUCE SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
g. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE THE USER’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. SEVERABILITY
If any provision of the Legal Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision shall not affect the validity or enforceability of the remainder of these Terms or the Additional Terms which shall remain in full force and effect.
23. AMENDMENTS
SOUND SAUCE has the right to change, add, and/or amend in whole or in part the terms of the Legal Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services of the Platform. Any use of the Services after SOUND SAUCE’s publication of any such changes shall constitute the User’s acceptance of such changes, additions, and/or modifications.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. SOUND SAUCE reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
24. TERM AND TERMINATION
THE DURATION OF THE LEGAL TERMS SHALL COMMENCE ONCE THE USER AGREES AND CONSENTS TO THE LEGAL TERMS AND SHALL CONTINUE INDEFINITELY, UNLESS AND UNTIL TERMINATED BY EITHER SOUND SAUCE OR THE USER.
THE LEGAL TERMS SHALL REMAIN IN FULL FORCE AND EFFECT ALONG AND WHILE THE USER USES THE Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, SOUND SAUCE RESERVES THE RIGHT TO, IN SOUND SAUCE’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Services (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. SOUND SAUCE MAY TERMINATE THE USER’S USE OR PARTICIPATION IN THE Services OR DELETE THE USER’S ACCOUNT AND ANY CONTENT OR INFORMATION THAT THE USER POSTED AT ANY TIME, WITHOUT WARNING, IN SOUND SAUCE’S SOLE DISCRETION.
IF SOUND SAUCE TERMINATES AND/OR SUSPENDS THE USER’S ACCOUNT FOR ANY REASON, THE USER IS PROHIBITED FROM REGISTERING AND/OR CREATING A NEW ACCOUNT UNDER THE USER’S NAME, A FAKE OR BORROWED NAME, OR THE NAME OF ANY THIRD PARTY, EVEN IF THE USER MAY BE ACTING ON BEHALF OF THE THIRD PARTY. IN ADDITION TO TERMINATING OR SUSPENDING THE USER’S ACCOUNT, SOUND SAUCE RESERVES THE RIGHT TO TAKE APPROPRIATE LEGAL ACTION, INCLUDING WITHOUT LIMITATION PURSUING CIVIL, CRIMINAL, AND INJUNCTIVE REDRESS.
THE EXPIRATION AND/OR TERMINATION OF THE LEGAL TERMS DOES NOT RELIEVE EITHER PARTY FROM OBLIGATIONS INCURRED PRIOR TO THE TERMINATION DATE.
25. MISCELLANEOUS
I. Territory: The Universe.
II. Headings and Translation: Headings are included for convenience only and shall not be considered in interpreting the Legal Terms. Any translated versions of these Terms from English into another language are made only for convenience and the English version shall at all times prevail.
III. Data:
a. Data Security Responsibility: the User assumes full responsibility for the security of any data or information in their possession or control, including personal, financial, card, or transaction information related to customers. the User agrees to comply with all applicable laws and rules concerning the collection, security, and dissemination of such data.
b. Data Usage Authorization: the User authorises SOUND SAUCE to retrieve information from Third Parties, such as credit bureaus and KYC/AML service providers. information may include the User’s name, address history, credit history, and relevant data. SOUND SAUCE may use the information for account eligibility verification and service access.
c. Information Sharing: SOUND SAUCE is permitted to contact and share information about the User, their Account, and their use of Services with Third Parties and for various purposes, including but not limited to regulatory compliance, service management, customer record-keeping, and risk management.
d. Termination Terms: Upon termination, the User agrees to cease using the Services, discontinue the use of any SOUND SAUCE trademarks, remove any references to SOUND SAUCE, and comply with other termination-related requirements.
e. Financial Obligations: the User shall still be liable for any fees, fines, or financial obligations incurred through their use of the Services prior to termination.
f. The Right To Modify And Change: the User has the right to change and/or modify the registered data provided by the User to the Platform unless stated otherwise.
IV. Intellectual property rights:
a. the User acknowledges that they do not and shall not have any ownership or intellectual property rights in the Proprietary Content, recordings, Assets, Site contents, Site trademarks, or design. the User’s rights are limited to those granted in the Legal Terms.
b. The Legal Terms authorize the use of the Site and Assets strictly in accordance with its provisions. the User undertakes not to infringe on intellectual property rights or deviate from the License terms.
c. the User is prohibited from reverse engineering, decompiling, or disassembling any source code within the Site or Proprietary Content, including video templates and plugins. Additionally, the User must not circumvent, bypass, remove, or impair any technological measures restricting access to these materials.
V. Rights Cumulative: To the extent permitted by applicable law, the rights and remedies of the Parties provided under the Legal Terms are cumulative and are in addition to any other rights and remedies of the Parties at law or equity.
VI. Successors: The Legal Terms are legally binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the Parties.
VII. Assignment:
a. The Legal Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the User without SOUND SAUCE’s prior written consent but may be assigned by SOUND SAUCE without consent or other restriction.
b. SOUND SAUCE is entitled to assign, transfer, and deliver its rights and undertakings according to the Legal Terms, in whole or in part, to Third Parties as it may see fit and at its exclusive discretion. SOUND SAUCE’s transferee shall be entitled to transfer any such rights and undertakings to other parties as it may see fit without having to obtain Licnesor’s consent.
VIII. Waiver: SOUND SAUCE’s failure to enforce any right or provision in the Legal Terms does not waive that right or provision.
IX. Permission by Law: The Legal Terms operate to the fullest extent permissible by law.
X. Force Majeure: SOUND SAUCE shall not be held liable for any loss, damage, delay, or failure to act due to causes beyond its reasonable control.
XI. Relationship: The Parties hereto agree and acknowledge that the relationship between them is that of independent contractors. The Legal Terms shall not be deemed to create an agency, partnership or joint venture between the User and SOUND SAUCE, and SOUND SAUCE shall not have a fiduciary obligation to the User as a result of the User’s entering into the Legal Terms.
XII. Connectivity: the User is responsible for obtaining and maintaining all the User’s devices and other equipment and software, and all internet service providers, mobile service, and other services needed for the User’s access to and use of the Services and the User shall be responsible for all charges related to them.
XIII. Severability: If any part of the Legal Terms is found unlawful, void, or unenforceable, the rest of the Terms remain valid.
XIV. Construction: The User agrees that any ambiguity in the Legal Terms will not be construed against the service provider because they drafted them.
XV. Electronic Agreement: The User waives defences based on the electronic form of the Legal Terms and lack of physical signatures.
XVI. Entire agreement: The Legal Terms constitute the entire agreement of the parties with respect to the subject matter hereof.
CLICKING (CHECKING) THE CHECKBOX ATTACHED UNDER THE PREVIEW OF THE LEGAL TERMS SHALL BE DEEMED AND CONSTITUTED AS CONSENT FOR ENTERING INTO THE LEGAL TERMS AND SHALL BE DEEMED AND CONSTITUTED AS EQUIVALENT TO AN ELECTRONIC AND/OR A WET SIGNATURE.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact SOUND SAUCE at:
SOUNDSAUCE LTD
71-75 Shelton Street, Covent Garden
London, United Kingdom, WC2H 9JQ