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TOS

Terms of Service

1. Your Relationship With Us

Welcome to Bring The Noise (the “Platform”), provided by Bring The Noise Inc. or its affiliates (“Bring The Noise”, “we” or “us”). These terms of service (the “Terms”) govern the relationship between you and us and set forth the terms and conditions for accessing and using the Platform and our related websites, services, applications, products, and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. “You” and “your” refer to you as the user of the Services. These Terms form a legally binding agreement between you and us. Please read them carefully.

2. Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with Bring The Noise, accept these Terms, and agree to comply with them. Your access and use of our Services are also subject to our Privacy Policy and Community Guidelines, which can be found directly on the Platform or on your mobile device’s app store, and are incorporated by reference. By using the Services, you consent to the Privacy Policy. If you access or use the Services from a jurisdiction with separate supplemental terms, you agree to those supplemental terms. If you do not agree to these Terms, you must not access or use our Services. If you are using the Services on behalf of a business or entity, you represent and warrant that you are authorized to bind the entity to these Terms and that the entity is responsible for your access and use of the Services, including by others affiliated with your entity. Acceptance of these Terms occurs when you access or use our Services. You should print or save a copy of the Terms for your records.

3. Changes to the Terms

We may amend these Terms from time to time due to updates to the Services, regulatory changes, or other reasons. We will make commercially reasonable efforts to notify users of material changes, such as through a notice on our Platform. However, you should review the Terms regularly for changes. The “Last Updated” date at the top of these Terms reflects the effective date of the Terms. Continued access or use of the Services after new Terms are posted constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

4. Your Account with Us

To access some Services, you must create an account with accurate and up-to-date information. You must keep your account details current and confidential, and promptly notify us if you suspect unauthorized access. You are solely responsible for activities under your account. We reserve the right to disable accounts if you fail to comply with these Terms or if activities on your account could damage the Services or violate laws. To delete your account, contact us at: info@numediaradio.com. Once deleted, you cannot reactivate your account or retrieve content.

5. Your Access to and Use of Our Services

Your access and use of the Services are subject to these Terms and applicable laws. You may not:

  • Access or use the Services if you are not legally competent to agree to these Terms.
  • Make unauthorized copies, modify, adapt, reverse engineer, or create derivative works of the Services.
  • Distribute, license, transfer, or sell any of the Services or derivative works.
  • Use the Services for commercial purposes or solicitations without our consent.
  • Interfere with the proper working of the Services or bypass any access restrictions.
  • Impersonate others or misrepresent yourself or your affiliation.
  • Upload or transmit harmful, offensive, or illegal content.
  • Use automated scripts to interact with the Services.
  • Create conflicts of interest or undermine the purposes of the Services.

Access and use must comply with our Community Guidelines. We may remove or disable content at our discretion and without notice. Automated systems analyze your content for product features, such as tailored advertising.

6. Intellectual Property Rights

We respect intellectual property rights. As a condition of using the Services, you agree not to infringe on intellectual property rights. We may block access to or terminate accounts of users who infringe intellectual property rights.

7. Content

A. Bring The Noise Content

All content on the Services, including software, images, text, graphics, and intellectual property rights, is owned or licensed by Bring The Noise. Unauthorized use of Bring The Noise Content is prohibited. You have no right to share in revenue or value generated from your use of the Services, except as permitted by these Terms. Bring The Noise reserves all rights not expressly granted.

B. User-Generated Content

Users may upload or transmit content, including text, photos, videos, and music (“User Content”). By submitting User Content, you grant us a worldwide, royalty-free license to use, modify, reproduce, and distribute your User Content. If you are a composer or recording artist, you are responsible for ensuring compliance with any contractual obligations and PRO reporting. You waive rights to privacy, publicity, and moral rights related to your User Content.

8. Indemnity

You agree to defend, indemnify, and hold harmless Bring The Noise, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, costs, and expenses arising from a breach of these Terms or your obligations under these Terms.

 

  • Exclusion of Warranties (Section 9):

    • Services are provided "as is" with no warranties.
    • No guarantee that the services will meet your needs, be uninterrupted, secure, or error-free.
    • No liability for indirect or consequential losses (like loss of profit or data).
    • Limitation of liability for damages caused by failure to follow instructions or system requirements.

  • Limitation of Liability (Section 10):

    • Limits on liability, excluding cases where liability cannot be excluded by law (e.g., for death or personal injury caused by negligence).
    • Limitation on compensation to the amount paid within the last 12 months.
    • You are responsible for any mobile charges and must handle disputes with third parties directly.

Terms of Use

1. General Terms for Platforms:

  • Apple:
    • Apple is not responsible for the platform or its content.
    • Limited to personal, non-commercial use.
    • Apple has no obligation for maintenance or support.
  • Windows Phone Store:
    • Install on up to 5 devices.
    • Microsoft has no maintenance obligations.
  • Amazon Appstore:
    • Amazon Appstore EULA Terms take precedence in case of conflict.
    • Amazon is not responsible for compliance issues.
  • Google Play:
    • Google Play Terms take precedence in case of conflict.
    • Google has no responsibility for compliance issues.

2. Jurisdiction-Specific Terms:

  • Brazil:
    • Governed by Brazilian law.
    • Courts of Brazil have exclusive jurisdiction.
    • Parental consent required for users under 18.
  • India:
    • Specific legal restrictions on content.
    • Waiver of rights under Indian copyright law.
    • Indemnity requirements.
  • Indonesia:
    • Parental consent required for users under 21.
    • Waivers for certain types of liability.
  • United Arab Emirates:
    • Additional terms must be acknowledged and consented to.
  • Mexico:
    • Parental consent required for users under 18.