Terms Of Service

By using this service, you indicate your agreement with these terms and conditions. if you do not agree with these terms and conditions, do not use this site.

TERMS AGREEMENT

Welcome to www.thounds.com. This website is operated by Thounds Inc. ("Thounds"). Thounds provides this site to you subject to the following Terms of Service, as may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: http://www.thounds.com/about/terms. In addition, when using particular Thounds owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. Thounds may also offer other services that are governed by different Terms of Service.
Before using the thounds website, please read carefully the following terms of service. By registering for and/or accessing, browsing, and using the thounds website, you acknowledge that you have read, understood, and agree to be bound by the following terms, including any additional guidelines, and any future modifications (collectively, the "tos"). If at any time you do not agree to these terms, please immediately terminate your use of the thounds website.
Note to children under 13 years old: the thounds website is not for persons under the age of 13. If you are under 13 years of age, then please do not use this site.

DISCLAIMER OF LIABILITY

The user of this system assumes all responsibility and risk for the use of the materials and the internet generally. Thounds and its affiliates disclaim all warranties, representations, or endorsements, express or implied, with regard to the materials, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
Thounds does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any material on this site.
Thounds will not be liable for any compensatory, special, direct, incidental, indirect, consequential damages, exemplary damages or any other damages resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the materials.

NO WARRANTIES

The website may include technical inaccuracies or typographical errors. Thounds has the right to make changes and updates to any information contained without prior notice.
The materials are provided on an "as is" basis without warranties of any kind. No information given by Thounds, its affiliates, or their respective employees will create any warranty.

COMMON WORDS USED IN THOUDS

Some common words used hereafter are explained:
“thound”, it is the first recording
“thounder”, it is the name of the user who recorded the thound (first recording)
“line”, it is every recording following the first one
“thoundstrack”, it is the finished track, formed by the thound and all the lines added over.
“library”, it is the set of thoundstracks.

DESCRIPTION OF THE SERVICE

Thounds is a network of digital media whose contents are from the library and are managed by the registered users.
The service offered by Thounds is recording any audio or sound whose you own rights on, then the features to manage it and also share your contents to a selection of contacts you have chosen.
Thounds is in no way responsible for the contents recorded by the users or present on their personal pages.

SIGN UP, REGISTRATION TO THE SERVICE

In order to sign up and have access to the service you will be asked to fill the following mandatory fields: Name and Surname, Town and Country, tags describing your music style, e-mail address.
Next to this, you can optionally fill in the fields: username, personal website, blog page, “about me” description and choose a personal picture.
Please note that some names are reserved or not allowed (a selection of celebrities, geographic places, brands, etc)
Thounds has the right to suspend the account at any time (i.e. because some of your data is considered inappropriate, the user behave violated the terms and conditions of the service, etc)
A suspended account can be either reactivated or deleted.

PRIVACY POLICY

All of your data will be necessary to Thounds to offer the service in the best and most complete way.
Contact data is visible only to other users amongst your friends and some generic data (i.e. musical taste) may appear as search result.
You also understand and agree that the Thounds services may include advertisements and that these advertisements are necessary for Thounds to provide the Thounds services.
You understand and agree that Thounds will hold and use your personal data and that the service may include certain communications from Thounds itself, such as service announcements, notifies, administrative messages and the Thounds Newsletter, and that these communications are considered part of Thounds membership and you will not be able to opt out of receiving them.

CONTENTS GENERATION

The main function of Thounds is the sound recorder, that allows you to record any audio or sound you own rights on.
You are aware any copyright violation will be your solely responsibility.
In the case of a copyright violation, Thounds will pass all information about user activities and connections to the legal owner and to the le police offices.

CONTENTS PROPRIETARY RIGHTS

You are the owner and sole responsible for the rights on your music contents (be they thounds or lines) and you agree that Thounds has the non-exclusive rights to use them within its networks of services (i.e. web portal, mobile applications, TV channel, embedded players, etc)

You agree to record your contents under a Creative Commons license, the default license is "Attribution Non-Commercial Share Alike" also known as "cc by-nc-sa": this license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. A commercial use of a musical piece requires the consent of all users involved in the complete composition.

It is prohibited to publish, modify, distribute or reproduce copyrighted content, trademarks or other proprietary information of others without prior written consent of the copyright holder(s).

Any usage not mentioned above is subject by Copyright Law and will be regulated with private agreements between the applicant and the owner.

SHARING CONTENTS

Thounds allows you to share and collaborate with other users of the community.
The user cannot manipulate or modify the audio line from another user unless it though functions provided by Thounds.
Thounds is not offering the feature to export or save to a personal device the thound, the single lines nor the thoundstrack (complete track)
The music collaboration happens when users record their sound and add it to an existent track, be it a single thound or a growing track with thound and lines.
The limit of lines per single track is limited to six, on top of the thound.
The thounder can delete the lines following his thound as he likes.

FORBIDDEN USAGES OF SERVICE

You agree that you will not use the Service to:

• reproduce the copyrighted materials of another person;
• copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Service;
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
• (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless through Thounds certified applications.

GENERAL PRACTICES REGARDING USE AND STORAGE

Thounds may establish general practices and limits concerning use of the Service, including without limitation the maximum number of songs that may be included in a thound, the maximum days that message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Thounds’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge and agree that Thounds has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Thounds reserves the right to log off accounts that are inactive for an extended period of time. Thounds reserves the right to modify these general practices and limits from time to time.

COOKIES AND OTHER AUTOMATICALLY COLLECTED INFORMATION

Our systems will collect your IP address and type of browser when you visit the website. Thounds uses 'cookies' to monitor how people use the site. This helps Thounds to understand how its users use its website so it can develop and improve the design, layout and function of the sites. A cookie is a piece of information that is stored on your computer's hard drive which records how you have used a website. This means that when you go back to that website, it can give you tailored options based on the information it has stored about your last visit. You can normally alter the settings of your browser to prevent it from accepting cookies. If you do not want Thounds to use cookies in your browser, you can set your browser to reject cookies or to tell you when a website tries to put a cookie on your computer. However, you will not be able to use the subscription services on the website without cookies.

MODIFICATIONS TO SERVICE AND TOS

Thounds reserves the right at any time and from time to time, with or without notice, to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that Thounds shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service; or (ii) modify the TOS. Your continued use of the Service after the posting of changes to the TOS constitutes your binding acceptance of such changes.

TERMINATION

Your account remains in effect unless you cancel it or unless Thounds terminates your account as provided by this Agreement. To terminate your account, you may select the "Delete Account" button in "My Account." Termination of your account is your sole right and remedy with respect to any dispute with us regarding the Service or this Agreement. We may terminate your account at any time for any reason. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. Termination of your Thounds account may include (a) removal of access to all offerings within the Service, including but not limited to www.thounds.com and other services provided, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Thounds Shall Not Be Liable To You Or Any Third Party For Any Termination Of Your Account, Any Associated Email Address, Or Access To The Service. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Thounds may have at law or in equity.

DEALINGS WITH ADVERTISERS AND USERS

Your correspondence or business dealings with, or participation in promotions of, advertisers and/or users found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that thounds shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

PROMOTIONS

From time to time, Thounds may offer promotions to website visitors or registered users of the Service. To be eligible for a promotion, you must for the duration of the promotion reside in a jurisdiction in which the promotion is lawful. If you take part in any promotion, you agree to be bound by the specific promotion rules and by the decisions of Thounds and its designees, which are final in all matters relating to any promotion. Any awards provided by Thounds or our sponsors or partners are at Thounds’ sole discretion. Thounds and its designees reserve the right to disqualify any entrant or winner in their absolute discretion without notice. Any applicable taxes on any award are the sole responsibility of the winner(s).

LINKS

The Service may provide, or third parties may provide, links to other sites or content ("Third Party Sites"). Because Thounds has no control over Third Party Sites, you acknowledge and agree that Thounds is not responsible for the availability of such external sites or resources, and does not endorse and expressly disclaims responsibility or liability for any music files, content, advertising, products or other materials on or available from Third Party Sites. You further acknowledge and agree that Thounds shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such music files, content, goods or services available on or through any Third Party Site. Access and use of third party sites, including the information, material, products, and services on third party sites or available through third party sites, is solely at your own risk. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Sites.

THOUNDS’ PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any software provided by Thounds in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Thounds grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not cause or permit any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Thounds for use in accessing the Service. Your use of the Software may be subject to additional license terms presented at the time you download or install the Software.

The Thounds service mark, Thounds logo, and other Thounds trademarks, service marks, logos, and product and service names (collectively the "Thounds Marks") are trademarks or service marks of Project Thounds, Inc. Except as expressly provided in these TOS, you agree not to display or use in any manner the Thounds Marks without Thounds’ prior written permission.

You further acknowledge and agree that content contained in sponsor advertisements or information ("Advertiser Content") presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Thounds or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Advertiser Content.

Thounds reserves all rights not expressly granted in these TOS. You shall not acquire any right, title or interest to any materials proprietary to Thounds, except for the limited rights set forth in this Agreement.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

A. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the fullest extent permissible by law, thounds and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.

B. Thounds and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.

C. You understand and agree that you use, access, or otherwise obtain information, materials, or data through the thounds service (including rss feeds) or any third party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the use of such material or data.

D. No advice or information, whether oral or written, obtained by you from thounds or through or from the service shall create any warranty not expressly stated in the tos.

LIMITATION OF LIABILITY

You expressly understand and agree that thounds and its subsidiaries, affiliates, successors, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if thounds has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE
Thounds may provide you with notices, including those regarding changes to the TOS, in any reasonable manner.

GENERAL INFORMATION

Entire Agreement. The TOS and any document incorporated into these TOS by reference constitutes the entire agreement between you and Thounds and governs your use of the Service, superseding any prior agreements between you and Thounds with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Thounds services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Thounds shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Thounds agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Seattle, WA.

Waiver and Severability of Terms. The failure of Thounds to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Thounds account is non-transferable and any rights to your Thounds ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section titles in the TOS are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the TOS immediately to Thounds.