Subscriber Terms of Use | SoundBites
Effective as of January 1, 2018
Hello, and welcome to SoundBites (formerly known as The Chattanooga Pitch Sifter). Please read our Terms and Conditions of Use (“Terms”) carefully because they affect your legal rights. We hope you’re sitting comfortably and listening to some great music.
Here we go…
Introduction
Thanks for choosing SoundBites, an online service provided by SoundCorps, Inc. ("SoundBites," “Pitch Sifter”, “we”, “us”, “our”). By signing up or otherwise using the SoundBites service and website (together, the “SoundBites Service” or “Service”), or accessing, receiving, downloading and/or utilizing any content or material that is made available by SoundBites through the Service (the “Content”) you are entering into a binding contract with SoundCorps, Inc., the company that owns and provides the SoundBites Service. References to "SoundBites," “Pitch Sifter”, “we”, “us”, and “our” as used in this Agreement also include and refer to SoundCorps, Inc. (as the owner and provider of SoundBites), as the context may require.
Your agreement with us includes these Terms and Conditions of Use (“Terms”) and any Privacy Policy that may be contained on the SoundBites website. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on SoundBite’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the SoundBites Service or consume any Content.
Please read the Agreements carefully. They cover important information about SoundBites Services provided to you and any charges, taxes, and fees we bill you.
In order to use the SoundBites Service and access or receive the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that you submit to SoundBites is true, accurate, and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
Enjoying SoundBites
Here’s some information about all the ways you can enjoy SoundBites.
Our Services & Paid Subscriptions
SoundBite’s primary, current service is to provide monthly emails to its subscribers, containing at least five (5) songs per month by local musicians/bands who reside in and around Chattanooga, Tennessee (the “Local Music Services”). The Local Music Services are included within the term “SoundBites Services”, and the songs distributed as part of the Local Music Services are included within the term “Content”. The Local Music Services require payment before you will receive such services. Other SoundBites services may be provided to you free-of-charge. The SoundBites Services that may be accessed after payment, including, without limitation, the Local Music Services, are currently referred to as the “Paid Subscriptions”. Any SoundBites service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of SoundBites for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). SoundBites reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SOUNDBITES ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SOUNDBITES ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SOUNDBITES ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SOUNDBITES ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SOUNDBITES WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
Payments and cancellations
Paid Subscriptions can be purchased directly from SoundBites either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the SoundBites Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to SoundBites will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you believe you are entitled to receive a refund of any monies paid to SoundBites, please complete the online contact form found here.
SoundBites may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the SoundBites Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the SoundBites Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Rights we grant you
The SoundBites Service and the Content are the property of SoundBites or SoundBites' licensors. We grant you a limited, non-exclusive, revocable license to make use of the SoundBites Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or SoundBites. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the SoundBites Service or the Content.
The SoundBites Content and any related software applications provided in connection with the SoundBites Services are licensed, not sold, to you, and SoundBites and its licensors retain ownership of all copies of the SoundBites Content and such software applications even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All SoundBites trademarks, service marks, trade names, logos, domain names, and any other features of the SoundBites brand (“SoundBites Brand Features”) are the sole property of SoundBites or its licensors. The Agreements do not grant you any rights to use any SoundBites Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the SoundBites Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements.
Except for the rights expressly granted to you in these Agreements, SoundBites grants no right, title, or interest to you in the SoundBites Service or Content.
Third Party Applications
The SoundBites Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that SoundBites does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
Rights you grant us
If you provide feedback, ideas or suggestions to SoundBites in connection with the SoundBites Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize SoundBites to use that Feedback without restriction and without payment to you.
User guidelines
SoundBites respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure SoundBites stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Service limitations and modifications
SoundBites will make reasonable efforts to keep the SoundBites Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, SoundBites reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SoundBites Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the SoundBites Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that SoundBites permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), SoundBites will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that SoundBites has no obligation to maintain, support, upgrade, or update the Service. This section will be enforced to the extent permissible by applicable law. SoundBites and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact Company by completing the online contact form found here. We will use reasonable efforts to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such.
Term and termination
The Agreements will continue to apply to you until terminated by either you or SoundBites. However, you acknowledge and agree that the perpetual license granted by you in relation to any Content you provide, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. SoundBites may terminate the Agreements or suspend your access to the SoundBites Service at any time, including in the event of your actual or suspected unauthorized use of the SoundBites Service and/or Content, or non-compliance with the Agreements. If you or SoundBites terminate the Agreements, or if SoundBites suspends your access to the SoundBites Service, you agree that SoundBites shall have no liability or responsibility to you, and SoundBites will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your SoundBites account, please contact us through the Customer Service contact form which is available on our Contact Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SOUNDBITES SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SOUNDBITES SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOUNDBITES AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SOUNDBITES NOR ANY OWNER OF CONTENT WARRANTS THAT THE SOUNDBITES SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SOUNDBITES MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SOUNDBITES SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT SOUNDBITES IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SOUNDBITES SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SOUNDBITES SHALL CREATE ANY WARRANTY ON BEHALF OF SOUNDBITES IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limitation and time for filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SOUNDBITES SERVICE IS TO STOP USING THE SOUNDBITES SERVICE. WHILE SOUNDBITES ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SOUNDBITES, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOUNDBITES, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SOUNDBITES SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SOUNDBITES HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOUNDBITES SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SOUNDBITES DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits SoundBites' liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST SOUNDBITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Third party rights
You acknowledge and agree that the owners of the Content are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and SoundBites, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and SoundBites, the Agreements constitute all the terms and conditions agreed upon between you and SoundBites and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the SoundBites Service may be governed by additional agreements. That could include, for example, access to the SoundBites Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by SoundBites or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive SoundBites' or the applicable third party beneficiary’s right to do so.
Assignment
SoundBites may assign the Agreements or any part of them, and SoundBites may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold SoundBites harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the SoundBites Service; and (3) your violation of any law or the rights of a third party.
Choice of law and venue
Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Tennessee, United States of America, without regard to choice or conflicts of law principles.
Further, you and SoundBites agree to the jurisdiction of the state and federal courts located in Chattanooga, Tennessee to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them).
SoundBites does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
Contact us
If you have any questions concerning the SoundBites Service or the Agreements, please contact SoundBites Customer Service by visiting the Contact Us section of our website.
Thank you for reading our Terms. We hope you enjoy SoundBites!
Contracting entity:
SoundCorps, Inc.
Hello, and welcome to SoundBites (formerly known as The Chattanooga Pitch Sifter). Please read our Terms and Conditions of Use (“Terms”) carefully because they affect your legal rights. We hope you’re sitting comfortably and listening to some great music.
Here we go…
Introduction
Thanks for choosing SoundBites, an online service provided by SoundCorps, Inc. ("SoundBites," “Pitch Sifter”, “we”, “us”, “our”). By signing up or otherwise using the SoundBites service and website (together, the “SoundBites Service” or “Service”), or accessing, receiving, downloading and/or utilizing any content or material that is made available by SoundBites through the Service (the “Content”) you are entering into a binding contract with SoundCorps, Inc., the company that owns and provides the SoundBites Service. References to "SoundBites," “Pitch Sifter”, “we”, “us”, and “our” as used in this Agreement also include and refer to SoundCorps, Inc. (as the owner and provider of SoundBites), as the context may require.
Your agreement with us includes these Terms and Conditions of Use (“Terms”) and any Privacy Policy that may be contained on the SoundBites website. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on SoundBite’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the SoundBites Service or consume any Content.
Please read the Agreements carefully. They cover important information about SoundBites Services provided to you and any charges, taxes, and fees we bill you.
In order to use the SoundBites Service and access or receive the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that you submit to SoundBites is true, accurate, and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
Enjoying SoundBites
Here’s some information about all the ways you can enjoy SoundBites.
Our Services & Paid Subscriptions
SoundBite’s primary, current service is to provide monthly emails to its subscribers, containing at least five (5) songs per month by local musicians/bands who reside in and around Chattanooga, Tennessee (the “Local Music Services”). The Local Music Services are included within the term “SoundBites Services”, and the songs distributed as part of the Local Music Services are included within the term “Content”. The Local Music Services require payment before you will receive such services. Other SoundBites services may be provided to you free-of-charge. The SoundBites Services that may be accessed after payment, including, without limitation, the Local Music Services, are currently referred to as the “Paid Subscriptions”. Any SoundBites service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of SoundBites for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). SoundBites reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SOUNDBITES ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SOUNDBITES ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SOUNDBITES ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SOUNDBITES ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SOUNDBITES WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
Payments and cancellations
Paid Subscriptions can be purchased directly from SoundBites either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the SoundBites Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to SoundBites will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you believe you are entitled to receive a refund of any monies paid to SoundBites, please complete the online contact form found here.
SoundBites may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the SoundBites Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the SoundBites Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Rights we grant you
The SoundBites Service and the Content are the property of SoundBites or SoundBites' licensors. We grant you a limited, non-exclusive, revocable license to make use of the SoundBites Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or SoundBites. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the SoundBites Service or the Content.
The SoundBites Content and any related software applications provided in connection with the SoundBites Services are licensed, not sold, to you, and SoundBites and its licensors retain ownership of all copies of the SoundBites Content and such software applications even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All SoundBites trademarks, service marks, trade names, logos, domain names, and any other features of the SoundBites brand (“SoundBites Brand Features”) are the sole property of SoundBites or its licensors. The Agreements do not grant you any rights to use any SoundBites Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the SoundBites Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements.
Except for the rights expressly granted to you in these Agreements, SoundBites grants no right, title, or interest to you in the SoundBites Service or Content.
Third Party Applications
The SoundBites Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that SoundBites does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
Rights you grant us
If you provide feedback, ideas or suggestions to SoundBites in connection with the SoundBites Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize SoundBites to use that Feedback without restriction and without payment to you.
User guidelines
SoundBites respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure SoundBites stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the SoundBites Service or the Content, or otherwise making any use of the SoundBites Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the SoundBites Service or the Content or any part of it;
- using the SoundBites Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the SoundBites Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by SoundBites, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the SoundBites Service or the Content;
- circumventing any territorial restrictions applied by SoundBites or it licensors;
- artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the SoundBites Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the SoundBites Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from SoundBites; or
- selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of SoundBites or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the SoundBites inbox;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by SoundBites;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by SoundBites;
- interferes with or in any way disrupts the SoundBites Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or SoundBites' computer systems, network, usage rules, or any of SoundBites' security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by SoundBites.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Service limitations and modifications
SoundBites will make reasonable efforts to keep the SoundBites Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, SoundBites reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SoundBites Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the SoundBites Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that SoundBites permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), SoundBites will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that SoundBites has no obligation to maintain, support, upgrade, or update the Service. This section will be enforced to the extent permissible by applicable law. SoundBites and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact Company by completing the online contact form found here. We will use reasonable efforts to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such.
Term and termination
The Agreements will continue to apply to you until terminated by either you or SoundBites. However, you acknowledge and agree that the perpetual license granted by you in relation to any Content you provide, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. SoundBites may terminate the Agreements or suspend your access to the SoundBites Service at any time, including in the event of your actual or suspected unauthorized use of the SoundBites Service and/or Content, or non-compliance with the Agreements. If you or SoundBites terminate the Agreements, or if SoundBites suspends your access to the SoundBites Service, you agree that SoundBites shall have no liability or responsibility to you, and SoundBites will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your SoundBites account, please contact us through the Customer Service contact form which is available on our Contact Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SOUNDBITES SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SOUNDBITES SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOUNDBITES AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SOUNDBITES NOR ANY OWNER OF CONTENT WARRANTS THAT THE SOUNDBITES SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SOUNDBITES MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SOUNDBITES SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT SOUNDBITES IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SOUNDBITES SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SOUNDBITES SHALL CREATE ANY WARRANTY ON BEHALF OF SOUNDBITES IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limitation and time for filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SOUNDBITES SERVICE IS TO STOP USING THE SOUNDBITES SERVICE. WHILE SOUNDBITES ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SOUNDBITES, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOUNDBITES, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SOUNDBITES SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SOUNDBITES HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOUNDBITES SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SOUNDBITES DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits SoundBites' liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST SOUNDBITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Third party rights
You acknowledge and agree that the owners of the Content are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and SoundBites, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and SoundBites, the Agreements constitute all the terms and conditions agreed upon between you and SoundBites and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the SoundBites Service may be governed by additional agreements. That could include, for example, access to the SoundBites Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by SoundBites or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive SoundBites' or the applicable third party beneficiary’s right to do so.
Assignment
SoundBites may assign the Agreements or any part of them, and SoundBites may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold SoundBites harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the SoundBites Service; and (3) your violation of any law or the rights of a third party.
Choice of law and venue
Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Tennessee, United States of America, without regard to choice or conflicts of law principles.
Further, you and SoundBites agree to the jurisdiction of the state and federal courts located in Chattanooga, Tennessee to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them).
SoundBites does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
Contact us
If you have any questions concerning the SoundBites Service or the Agreements, please contact SoundBites Customer Service by visiting the Contact Us section of our website.
Thank you for reading our Terms. We hope you enjoy SoundBites!
Contracting entity:
SoundCorps, Inc.