Soundwalkrs – Terms and Conditions
1. About these terms
1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agree to these terms and is happy for you to use our App.
1.3 You can access these terms at any time at soundwalkrs.com We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our app shall confirm your acceptance of the updated terms.
2. About accessing and use our App
2.1 By downloading the app you consent that we access to your location. If you do not some services/content will not be provided.
2.2 You are responsible for the Internet connection and/or mobile charges that you may incur for using our app. You should ask your mobile operator if you are unsure what these charges will be, before your use.
2.3 We have the right to withdraw or modify our app (in whole or in part) without liability to you from time to time:
for technical reasons (such as technical difficulties experienced by us or on the internet);
to allow us to improve user experience;
where we have legal reasons for doing so (including privacy or other legal objections to the content);
because it no longer makes business sense for us to provide the relevant app; or
because we have altered the services we provide.
2.4 There may also be times when our app is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our app to interact with.
3.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and use our app and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
3.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any services associated with that account and no refund will be offered to you in relation to the same.
3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation all services).
4.1 Our App may include content such as soundwalks or items or services for use with our App. You can buy Soundwalks from us for money if you are at least 18 years old. You agree that soundwalks can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain soundwalks from us, and not from any third party.
4.2 You do not own soundwalks but instead you purchase a limited personal revocable license to use them does not reflect any stored value.
4.3 You agree that all sales by us to you of soundwalks are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a license to use soundwalks from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4 We reserve the right to control, regulate, change or remove any soundwalks without any liability to you.
4.5 Without limiting paragraph 3.5, if we suspend or terminate your account in accordance with paragraph 7 of these terms you will lose any soundwalks that you may have and we will not compensate you for this loss or make any refund to you.
5. User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our app from. If any laws applicable to you restrict or prohibit you from our app, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our app.
5.2 You promise that all the information you provide to us on accessing and/or use our app is and shall remain true, accurate and complete at all times.
5.3 Information data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our app by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our app, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our app.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
that is or could reasonably be viewed as invasive of another’s privacy;
that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
which infringes any intellectual property right or other proprietary right of others;
which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
which 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.
5.5 You agree that you will not:
use our app to harm anyone or to cause offence to or harass any person;
create more than one account per platform to use our app;
use another person or entity’s email address in order to sign up to use our app;
use our app for fraudulent or abusive purposes (including, without limitation, by using our app to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our app);
disguise, anonymise or hide your IP address or the source of any Content that you may upload;
use our app for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
remove or amend any proprietary notices or other ownership information from our app;
interfere with or disrupt our app or servers or networks that provide our app;
attempt to decompile, reverse engineer, disassemble or hack any of our App, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
‘harvest’, ‘scrape’ or collect any information about or regarding other people that play our app, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
sell, transfer or try to sell or transfer an account with us or any part of an account including any soundwalks ;
use our app in violation of any applicable law or regulation;
use our app to cheat or design or assist in cheating or
use our app in any other way not permitted by these terms.
5.6 We do not control all Content posted on our App by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our app, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our app.
5.7 We have the right to remove uploaded Content from our app if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring our app or us into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our app and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our app.
6. Intellectual properties
6.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our app (other than some of the Content which is contributed and owned by others) is owned by or licensed to us.
6.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and use our app (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our app for anything else.
6.3 You must not copy, distribute, make available to the public or create any derivative work from our app or any part of our app unless we have first agreed to this in writing.
6.4 In particular, and without limiting the application of paragraph 6.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our app, including providing access to any soundwalks, whether on a free of charge basis or otherwise.
6.5 By submitting Content (as defined in paragraph 5.3) via our app you:
are representing that you are fully entitled to do so;
grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
6.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our app. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to firstname.lastname@example.org:
a description of the intellectual property rights and an explanation as to how they have been infringed;
a description of where the infringing material is located;
your address, phone number and email address;
a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
7.2 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our app too. If you play our Games and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you. If you do not agree to these practices you should not allow our App to interact with your social network.
9. Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
10. Entire agreement
These terms set out the entire agreement between you and us concerning our app (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or use our app via other platforms (for example, on our website or via any other third party website or service, including, without limitation) then different terms and conditions apply in respect of this app.
11. Changes to these terms
You can find these terms at any time by visiting soundwalkrs.com
We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our app.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
13. Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
14. Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at email@example.com
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Panama.
15. Questions about these terms
If you have any questions about these terms or our app you may contact us by email at firstname.lastname@example.org
These terms were last updated on 27th of November 2014