Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.soundprint.co website and the SoundPrint App mobile application (together, or individually, the “Service”) operated by SoundPrint LLC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Sound Level Submission Data
Our Service allows you to measure sound level data using the Service’s sound level meter and submit the sound level information in conjunction with an identified or tagged venue to the Service, including but not limited to, your email address and registered name, whether manually inputted or registered with your Facebook account (collectively, “Personal Information”), the day of the week, time of day, length of measurement, the average, maximum and minimum sound level, venue name, venue type, venue geographical coordinates, user comments, user inputs on venue atmosphere variables, user recommendations for whether a venue should be manually marked as being quiet or loud, and the type of mobile device used (collectively, with Personal Information, referred to as “Sound Level Submission Data”).
You are responsible for the Sound Level Submission Data, and through each submission warrant that the venue you tag to your measurement is the actual venue you took the measurement in at the time and day of the submission. Should the sound level measurement be tagged to the wrong venue during submission, it is your obligation to contact SoundPrint (email@example.com) and inform us of the incorrect and correct venue the sound level submission should be tagged with. We also retain the right to delete submissions we deem as potentially inaccurate, fake or fraudulent.
Sound Level Measurements
Our Service uses the decibel meter to attempt to measure the approximate decibel level and is not a replacement for a precise nor professional sound level measuring device. The sound level measurements are an approximation by us for what the sound level is or was during the recording and we make no assurances to the accuracy of the approximation of the sound levels displayed during the duration of the measurement.
Many variables during the measurement, including, but not limited to, the measurer’s own voice, the position of the mobile device, the amount of space between the mobile device and the body of the measurer or other objects in the environment, the location of the measurement taken, the time and day of the measurement, the physical condition of the hardware microphone or mobile device, and the venue’s interior design may affect and cause the sound level measurement to differ significantly from the environment’s actual sound level.
The dBA numbers of venues displayed via the Service are averages of all the historical SoundChecks measured and submitted to the database. These dBA numbers are historical and thus are a reasonable guess as to what a venue’s sound level have been and will be in the future. There is no guarantee that the average dBA displayed is close to, is, or will be the actual noise level in the future.
By using the the Service, you represent and acknowledge the above. We take no responsibility and assume no liability for the accuracy of the Sound Level Submission Data posted on our app or website. However, by using our Service, you grant us the right and license to use, modify, publicly display, reproduce, and distribute such Sound Level Submission Data on and through the Service.
Our Service may also display or communicate various Quiet Lists suggesting that certain venues may be more conducive to conversation. This content found on or through this Service ar the property of SoundPrint LLC. You may not distribute, modify, transmit, reuse, download, repost, copy or use this Quiet List, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. SoundPrint LLC has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of SoundPrint LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SoundPrint LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SoundPrint LLC.
SoundPrint provides legal copyright owners with the ability to self-publish taking sound level measurements and posting content on our Service. We do not monitor, screen or otherwise review the content which is uploaded to our servers by users of the Service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the SoundPrint app or website and you did not authorize the use of the content you must notify SoundPrint in writing in order for us to identify the allegedly infringing content and take action.
In order to more easily facilitate the process, we have provided a form for your use. We will be unable to take any action if you do not provide us with the required information so please fill out all fields accurately and completely. Alternatively you may make a written notice via email or postal mail as listed below. Your written notice must include the following:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
- Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
- Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit SoundPrint to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.
- Information reasonably sufficient to allow SoundPrint to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by SoundPrint LLC. SoundPrint LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that SoundPrint LLC 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 content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless SoundPrint LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall SoundPrint LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. SoundPrint LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.