• By using the .com web site ("Service"), all services of Sound Around, Inc. ("Sound Around"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
• Sound Around reserves the right to update and change the Terms of Service from time to time without notice.
• Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
• You can review the most current version of the Terms of Service at any time at: .
• Violation of any of the terms below will result in the termination of your Account.
• While Sound Around prohibits such conduct and Content on the Service, you understand and agree that Sound Around cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
• You must be 13 years or older to use this Service.
• You must be a human. Accounts registered by "robots" or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your account and password. Sound Around cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• A valid credit card is required.
• The Service is billed in advance on a monthly basis. One "month" is defined as 30 continuous days.
• You are allowed to upgrade/downgrade your plan only once every 30 days.
• Any upgrade, downgrade, or cancellation will result in a prorated refund or charge for the remainder of the month that you have already paid for.
• Your account will be charged immediately when submitting to mobile platform providers. Once approved, you will be compensated for the time in which your application was being approved by the mobile platform provider.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• Sound Around will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, and any payments made with be refunded.
• You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to . Cancellations by phone or sent to any other email address will not be considered valid.
• All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
• Sound Around, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Sound Around service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
• Sound Around reserves the right to refuse service to anyone for any reason at any time.
• Sound Around reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Sound Around. Such notice may be provided at any time by posting the changes to the Sound Around website (https://.com) or the Service itself.
• Sound Around shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
• From time to time, Sound Around may issue an update to the Sound Around application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Sound Around will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
• By your use of the Service, you give express permission for Sound Around to distribute materials, both copyrighted and non-copyrighted, submitted to your profile. Materials may be delivered via any digital medium that is a part of the Service including, but not limited to, mobile phone applications, mobile websites, and PC websites. • We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Sound Around application to create your mobile application, you agree to allow others to view and share your Content.
• Sound Around does not pre-screen Content, but Sound Around and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
• The look and feel of the Service is copyright 2010 Sound Around, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Sound Around.
• You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with the Sound Around application.
• Sound Around may modify content submitted to the Service in order to add affiliate links or "wrappers" around links to media items purchasable through online digital store outlets (such as Apple's iTunes Store).
• Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
• Technical support is only available via email. The technical support email address is .
• You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service
• You understand that Sound Around uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Sound Around service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sound Around.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sound Around customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• Sound Around does not warrant that
• (i) the service will meet your specific 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 Service will be corrected.
• You expressly understand and agree that Sound Around shall not be liable 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 Sound Around 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; (v) or any other matter relating to the service.
• The failure of Sound Around to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sound Around and govern your use of the Service, superseding any prior agreements between you and Sound Around (including, but not limited to, any prior versions of the Terms of Service).
• In no event shall Sound Around's liability to you exceed the amount actually paid to Sound Around by you during the preceding 12 months.
• Questions about the Terms of Service should be sent to .
• On your behalf and in connection with your use of the Services, Sound Around will collect certain tracking and usage data generated or provided by End Users, including but not limited to the personally identifiable information of End Users ("Usage Data"). An "End User" means a user of a Developed Application.
• You agree to comply with all applicable laws with regard to your use of Usage Data, including but not limited to the CAN-SPAM Act of 2003. You will not transfer or disclose any Usage Data to any third party.
• You are solely responsible for your interactions (including any disputes) with End Users and Sound Around does not in any way screen End Users. Sound Around may, but is under no obligation to, monitor or censor Usage Data, any comments made by End Users, or content provided by End Users and Sound Around is not responsible for the accuracy, completeness, appropriateness, legality of Usage Data, or anything said, depicted, or written by End Users, and disclaims any and all liability relating thereto.