SoundSlap • Last update: October 2015
These terms of service (as updated from time to time, the “Terms”) govern your access to and use of the SoundSlap Service (as defined below) and any sound recordings, information, text, graphics or other content materials downloaded or appearing on the Service. Please read these Terms carefully before downloading or using the Service. By accepting these Terms, or using the Service, you agree to be bound by them. If you do not understand the Terms, or do not accept any part of them, then you should not use the Service. The Service is provided by SoundSlap (“we”, “us” “our” and “Riad de Coster”) (email firstname.lastname@example.org)
1. The Service
The Service consists of:
2. Alterations and Updates
2.1. We may update these Terms from time to time to reflect any changes: (i) in our policies or relevant laws; (ii) in the functionality of the Service; or (iii) imposed on us by any third party suppliers. Any updates will take into account your reasonable interests in the Service and will be notified to you by email within a reasonable time before the change takes effect. Changes will not apply retrospectively and the updated Terms will become effective after they are notified to you. If you do not agree with the updated Terms you should stop using the Service. If you do not object to the updated Terms within a reasonable time after they are notified to you the updated Terms are deemed accepted by you. We will highlight the option to object to the modifications to the Terms and the deemed acceptance in the notification email.
2.2. We reserve the right to withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments. Any changes will take into account your reasonable interests. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
3. Access/Use of the Service
3.1. You can access the Service via the App, by downloading the App, creating an account, and selecting a sound recording from the SoundSlap catalogue. You can then send the sounds to friends you are connected by tapping on their user names. This will result in the sound recording being played automatically on their devices via push notification. All sounds are stored in your device’s local memory.
3.2. To use the service you must be fifteen (15) years old or older. By using the Service you promise to us that you accept these Terms and that: (a) you are 15 years of age or over, or (b) you are 13 years of age or over and have permission to use the Service from your parent or legal guardian.
If we reasonably believe that you do not sufficiently fulfill these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of age.
3.3. We advise parents who permit their children to use the Service to be aware that the Service is not intended for children under 13. The content made available on the Service may not be suitable for children.
3.4. To access certain functions on the Service, you will need to register with us. To register, you must provide us with your email address, a username and password of your choosing. You must make sure that your username complies with these Terms.
3.5. You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorised by you. You must ensure that the details you provide to us are correct and kept up to date and that your password is, and remains, secure and confidential. You must inform us of any changes to the details you provided when registering with us.
3.6. We reserve the right to suspend or remove your account, cancel, reassign or disable your username or password and/or prohibit your use of the Service, without prior notice, if we believe there may have been a breach of security or if activities occur on your account that we believe breach these Terms.
3.7. Access to and use of the Service requires a compatible device and internet connection. Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that the Service will work with all devices. The Service currently requires iPhone 4s or later models, 30MB of spare storage capacity and running iOS7 (or later) operating systems.
3.8. It is your responsibility to ensure that your device complies with these requirements. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
3.9. It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
4. Licence of the Service
5. SoundSlap Rights
5.1. All rights, titles and interests in and to the Service are and will remain the exclusive property of SoundSlap and its licensors.
6. Copyright, Reporting and Notice & Takedown Policy
6.1. SoundSlap respects the intellectual property rights of others and expects users of the Service to do the same.
6.2. If you discover any Content on the Platform that you believe infringes your copyright, please report this to us in writing including the following information:
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
6.3. Your notice should be sent to us or our designated copyright agent by email to email@example.com or by mail to the following address:
31 Macka Caddesi
Istanbul, 80200, Turkey
Attn: SoundSlap Team
8. Third Party Services
The Service includes and links to features and services (including but not limited to, social applications like Facebook) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service.
9.1. We may suspend or terminate your use of and access to the Service at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
9.2. You may terminate your use of the Service at any time by ceasing to use the Service and/or deleting the App from your Device. Please note that, deleting the App from a device will not delete your profile. If you wish to delete your profile, please contact us in writing at firstname.lastname@example.org
9.3. In the event of such termination by either party, these Terms will terminate, but the following provisions will continue to apply: Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12.
10. Representations and Warranties
Subject to Section 11 of these Terms, you agree to compensate us for any losses or costs we may reasonably and fairly incur as a result of any breach by you of these Terms where you are at fault for such breach. You will not be required to compensate us under this Section if your breach of these Terms arises out of our negligence or our breach of these Terms.
11. Disclaimers and Limitations
11.1. YOUR USE OF THE SERVICE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE SERVICE.
11.2. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. YOU UNDERSTAND THAT WE ARE NOT RESPONSIBLE OR LIABILE TO YOU FOR THIS CONTENT ON THE SERVICE.
11.3. WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE SERVICE, INCLUDING LOSS OF PROFITS; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS.
11.4. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE SERVICE.
11.5. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
We may terminate these Terms and close your account at any time without notice, if we cease to provide the Service.
13. Other Terms
13.1. SoundSlap may assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. You may not transfer your rights or obligations under these Terms to anyone else.
13.2. Each of the provisions of these Terms operates separately. In the event that any of the provisions in these Terms are held to be unlawful or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
13.4. No person who is not party to these Terms may enforce any term of it.
13.5. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Turkish law and the parties hereby submit to the exclusive jurisdiction of the Turkish courts to settle any claim or matter arising in relation to these Terms or its subject matter or formation (including non-contractual disputes or claims).
Effective: October 2015
Last Update: October 2015