Jun 08, 2020
AGREEMENT TO TERMS
Unless otherwise indicated in the App, all text, user interfaces, visual interfaces, graphics, functionality, designs, photographs, sounds, video, software, source code, (collectively, the “Content”) and structure, selection, expression and arrangement of such Content, as well as trademarks, logos, patterns (collectively, the “Marks”), contained in the App are owned or controlled by or licensed to Sonarworks, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
YOUR USE OF THE APP
By using the App, you represent and warrant that:
- you are not under the age of 13;
- you have not accessed and will not access the App through automated or non-human means, whether through a bot, script or otherwise;
- you are not subject to any sanctions imposed by the United States, United Nations or the European Union, and you are not located in a country subject to any sanctions imposed by the United States, United Nations or the European Union, which could prohibit the installation and/or use of the App.
You may not access or use the App for any purpose other than that for which we make the App available.
You shall not:
- decompile, reverse-engineer, disassemble, or attempt to derive the source code of the App or its components, or decrypt the App;
- decipher, decompile, disassemble, reverse-engineer, or tamper in any other way that is not consistent with the purpose of the App with the software of the App or its components.
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
- violate any applicable laws, rules, or regulations in connection with your access to or use of the App;
- remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
- use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise;
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App;
- systematically retrieve data or other content from the App to create, directly or indirectly, a compilation, collection, database, or directory without written permission from us;
- collect the usernames and/or email addresses of the users of the App by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;
- circumvent, disable, or otherwise interfere with the security features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content;
- engage in framing of or linking to the App without written permission from us;
- attempt to learn sensitive account information, such as user passwords;
- attempt to impersonate another user or person, or use the username of another user;
- engage in any automated use of the App, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;
- sell or otherwise transfer your profile;
- use any information obtained from the App in order to harass, abuse, or harm another person;
- attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App;
- 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 App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;
- 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 “pcms”).
- 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 App, or use or launch any unauthorized script or other types of software;
- use the App in a way that violates any applicable laws or regulations.
In order to use the App, you will be required to register by either:
- opening your SoundID account within the App; or
- linking your SoundID account with a third-party online account you may have (each such account, a “Third-Party Account”).
Opening your SoundID account
If you choose to register on the App by opening your SoundID account, you will need to enter your username, email address and password.
You represent and warrant that (1) all registration information you submit is true, accurate, current, and complete, and (2) you will maintain the accuracy of such information and promptly update such registration information as necessary.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
You agree to keep your password confidential and will be responsible for any use of your account and password. You agree to notify Sonarworks immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Sonarworks or any other user or visitor of the App due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.
We reserve the right to remove, reclaim, or change the username you select if we determine, in our sole discretion, that the chosen username is inappropriate, obscene, or otherwise objectionable.
Linking your SoundID account with a Third-Party Account
If you choose to register on the App by linking your SoundID account with a Third-Party Account, you allow us to access your Third-Party Account as is permitted under the applicable terms and conditions that govern your use of this Third-Party Account.
You represent and warrant that you grant us access to your Third-Party Account without your breaching of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App.
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
If a Third-Party Account or associated services become unavailable or our access to the applicable Third-Party Account is terminated by the third-party service provider, the use of the App may no longer be possible.
You will have the option to disable the connection between your account on the App and your Third-Party Accounts at any time by contacting us using the contact information below.
In case the connection with the Third-Party Account is disabled, we will attempt to delete any information stored on our servers that was obtained through the Third-Party Account, except the username, email address and profile picture that become associated with your account.
You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Sonarworks and not with the Application Store. You must comply with the Application Store’s terms of agreement when using the App.
The license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App distributor’s terms of service. The App distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
FEEDBACK AND INFORMATION
Any feedback and information you provide on the App shall be deemed to be non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this feedback or information for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such feedback and/or information, and you hereby warrant that you are the original author of any such feedback and/or information, or that you have the right to submit such feedback or information.
THIRD-PARTY WEBSITES AND CONTENT
The App may contain links to other mobile applications and websites owned and operated by parties other than Sonarworks. We do not control such applications and websites, and cannot be held responsible for their content, and we do not endorse such websites unless specifically stated otherwise.
We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party applications or websites or for any action you may take as a result of linking to any such application or website.
Any purchases you make through these third-party applications or websites will be between you and the applicable third party, and we take no responsibility whatsoever in relation to such purchases.
We are under no obligation to maintain any link on the App and may remove links at any time in our sole discretion for any reason whatsoever.
We reserve the right, but not the obligation, to:
(2) in our sole discretion and without limitation, refuse, limit the availability of, or disable (to the extent technologically feasible) your use of the App or any content provided by you in the App;
(3) in our sole discretion and without limitation, notice, or liability, remove from the App or otherwise disable any content or files that are excessive in size or in any way burdensome to our systems;
(5) otherwise manage the App in a manner designed to protect our rights and property, and to facilitate the proper functioning of the App.
We reserve the right to suspend, discontinue, change, revise, update or otherwise modify the App or the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the App.
We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays or errors.
If you find out that any material available on or through the App infringes upon any copyright you own or control, please notify us immediately using the contact information provided below.
The App is hosted in the Republic of Latvia (a European Union member state). If you access the App from the United States, Asia, or 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 European Union, then through your continued use of the App, you are transferring your data to the Republic of Latvia, and you expressly consent to have your data transferred to and processed in the Republic of Latvia.
In addition, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the App as quickly as is reasonably practical.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Access to the App and its content is provided on an “as is, as available” basis.
To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, relating to the App and its contents, including, without limitation, merchantability, fitness for a particular purpose, availability or non-infringement.
While we may use reasonable efforts to include accurate and up-to-date information on the App, we make no warranties or representations as to its accuracy or completeness.
We do not warrant that (1) the App will always be accessible, uninterrupted, timely, secure, error-free or free from viruses or other invasive or damaging code, that (2) there will be no unauthorized access to or use of our secure servers and/or any and all personal information stored therein, or that (3) the App will not be affected by any acts of God or other force majeure events, including the inability to obtain or shortage of necessary equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
We assume no liability or responsibility for any personal injury or property damages of any nature whatsoever, resulting from your access to and/or use of the App.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer, which cannot be excluded or limited, are affected.
Notwithstanding our efforts to ensure that our App is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot and do not warrant that data transfers relating to the App, or electronic mail transmitted to and from us, will not be monitored or read by others.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the forms of the action, shall at all times be limited to $100.
Some jurisdictions do not allow limitations of liability. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
GOVERNING LAW AND DISPUTE RESOLUTION
If you accessed the App in the European Union
If you assessed the App in a European Union member state, the law of the Republic of Latvia applies exclusively, with the exception of the United Nations Convention on Contracts for the International Sale of Goods, even if your place of residence is abroad. This choice of law shall not, however, have the result of depriving you as the consumer of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of Article 6 I of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If you accessed the App outside the European Union
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering on the App and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
In order to resolve a complaint regarding the App, or to receive further information on the use of the App, please contact us at:
Address: Šmerla iela 3, Riga, LV-1006, Latvia
Phone: +371 22337611