Soundgig’s Terms and Conditions Agreement

 

Last Updated: May 23, 2021

This is Soundgig’s Terms and Conditions Agreement (the “Agreement” or “Terms and Conditions”) is made between Soundgig (“Soundgig,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of Soundgig owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”).

This Agreement contains a mandatory ARBITRATION AGREEMENT for certain privacy claims that you or Soundgig could assert. By using our Services and/or accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading content, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than an individual, the person who registers the account or otherwise uses our Services must have the legal capacity to bind the entity itself. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you are accepting any revised Agreement.

This Agreement includes our Política de privacidad and the addenda listed in Section 12 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

2. Our Services

Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:

Stream videos that you have the right to view;

Upload, store, and/or live stream videos, subject to your account/plan;

and use all related functionality that we may provide.

Features: The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core streaming features of your plan (stated at the time of purchase) during your current service period.

Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, Soundgig grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device. 

Third Parties: We may provide links to and integrations with websites or services operated by others. Third-Party Services may include third-party platforms (such as the Apple App Store and Google Play), third-party APIs, third-party logins, and other integrations of third-party services within Soundgig Services (e.g., email service providers, payment providers, analytics providers, etc.). Third Parties also include the artists that upload or display their content in the website, such as live presentations, live streaming, photos, videos, or any other type of content uploaded/displayed. 

By accepting the present terms and conditions, you understand that Soundgig does not make itself responsible for any action carried out by a Third Party, unless expressly provided by these Terms and Conditions, therefore, Users may not claim Soundgig at any time for a situation it is not responsible. 

General. We may disallow you from using or connecting your Soundgig account to any Third-Party Service based upon a violation of our Terms of Service. We may disallow you from connecting your Soundgig account to any unauthorized Third-Party Service for any reason.

Third-Party Agreements. Your use of Third-Party Services is governed by the terms of service agreements of the respective service providers. You are solely responsible for your own compliance with these agreements. Failure to comply may result in the termination of your account with a Third-Party Service provider and inability to use a particular feature we offer.

The Users understand that the payments made in the website are carried out by Third Parties, such as Stripe and Paypal, therefore, whenever a payment is made through these Third Parties, Soundgig is not responsible for any refund policy that those Third Parties may have. 

Privacy. By using a Third-Party Service, you agree that your personal information may be collected by the applicable service provider. Such information is governed by the service provider’s privacy policy, not Soundgig’s.

Functionality. Certain features that we provide only work when you connect certain Third-Party Services. Your failure to do so may result in limited or unavailable functionality. We will not be responsible for any feature unavailability that arises from your inability to maintain an account with a Third-Party Service.

Customer Support. Soundgig is not responsible for providing customer service with respect to Third-Party Services. No Representations or Warranties. Soundgig is not responsible for actions or omissions by Third-Party Service providers and makes no representations or warranties about those services. Soundgig does not guarantee that it will maintain any specific integration with any Third-Party Service and it reserves the right to modify integrations, discontinue integrations, swap providers, or provide the same service by itself.

Specific Third Parties.

Apple. With respect to our Apps for iOS or tvOS only, Apple, Inc. (“Apple“) shall be deemed an intended third-party beneficiary of the terms of our terms of service that apply to our Apple Apps vis-a-vis you. In addition, and without creating any obligation, Soundgig, not Apple, shall be responsible for fulfilling any obligations relating to the operation of our Apple Apps except for any obligations arising from Apple’s contracts with you.

YouTube. If you use the YouTube API, you agree to be bound by YouTube’s Terms of Service, available at https://youtube.com/t/terms, and Google’s Privacy Policy, located at http://www.google.com/policies/privacy. If you have connected your YouTube account to your Soundgig account via the YouTube API (or any other way), you may revoke access to your data via the Google security settings page, located at https://security.google.com/settings/security/permissions.

3. Accounts

Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos, etc.). To do so, you must provide an email address. By creating an account, you agree to receive notices from Soundgig at this email address.

Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.

Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.

Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Team Members: Certain subscription plans may allow you to grant other registered users (“team members”) access to the account. Both you and each team member is deemed a party to this Agreement therefore, each one of them are individually obliged to the present dispositions. You are responsible subsidiarily for the actions of your team members and must monitor their access and usage.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

4. Subscription Plans

Plan Types: We offer free memberships and paid subscriptions that allow you to upload and share or otherwise access particular tiers of video content accordingly (the nature of your account may determine which features are available to you). Advertised prices and features may change.

There exist different subscription plans such as monthly or annual subscriptions, additionally, there are other types of access to certain content displayed on the website such as lifetime access to a certain online event or live stream, or one day access to content that do not entail recurrent charges nor any type of fee. Each of these plans have different policies that govern them as explained below. 

Users: Any kind of user holding any kind of account may not: (a) use the Services for commercial purposes unless previously stated by Soundgig upon an official request (send a request to: contact@soundgig.live) ; or (b) submit videos that they did not create, own or played a material part in creating.

Fees: You must pay all fees (plus any taxes if applicable) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee, variable fees for transactions or usage plus fixed and/or variable commissions. All fees may change and Soundgig commits to notifying the User of any changes. Moreover, Soundgig commits to respecting the user’s current subscription terms and changes will only apply as the subscription period deadline comes and the subscription is renewed. 

Free trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee, depending on which plan you selected initially. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Refund Policy: Subject to the terms hereof, Self-Serve subscribers with annual and monthly subscriptions who purchase plans directly from Soundgig may cancel and receive a full refund of their initial purchase within fifteen (15) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. This refund policy only applies when the content is owned by Soundgig, therefore, it does not apply to any type of content nor event that involves a Third Party such as artists. 

Our refund policy does not apply to:

One day access; 

Lifetime access;

In-app purchases;

Fees charged immediately after a free-trial period ends;

Subscription renewals or migrations to other plans;

Fees other than annual or monthly subscription fees;

Requests made after the specified periods;

Customers who have breached this Agreement or whose accounts were terminated in accordance with our Terms and Conditions Agreement;

Customers who joined using a promotion that expressly disclaimed our refund policy;

Customers who have initiated a chargeback dispute; or any

Irregular(any subscription plan specially made or out of the ordinary) plan customers.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. 

How to Decline Renewal: Self-Serve subscribers may opt out of automatic renewal by contacting us at contact@soundgig.live. 

Lapse Policy: When a subscription ends, the account will, at Soundgig’s option, revert to Basic (free) account status or will be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. Soundgig shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require Soundgig to provide any level of post-subscription account status.

In-App Purchase: We may allow you to purchase subscriptions within Apps. When you make such “in-app” purchases, you will be billed by the app platform, not us. Our refund policy does not apply to in-app purchases. Any billing inquiries should be directed to the app platform.

Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing.

5. Acceptable Use Policy

We may allow you to upload, live stream, submit, or publish (collectively, to “submit“) content such as videos, recordings, images, and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. Soundgig may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Soundgig may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.

5.1 Copyright Policy

You may only upload content that you have the right to upload and share. Soundgig and its partners (including any third party services involved in any way with us) shall not and will not be held responsible for any copyright infringement. 

In the event of a copyright infringement, the parties involved will NOT HOLD SOUNDGIG RESPONSIBLE nor involve Soundgig in any juridical disputes. Soundgig will uphold the result of such disputes and in the event that the copyright claim is true, we will take the appropriate measures to resolve the matter (for e.g. taking the content down, finding a way for the original owner to monetize the content, etc.). 

For any such claims please notify Soundgig via email: legal@soundgig.live. 

5.2 Content Restrictions

You may not submit any content that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;

Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;

Promotes or supports terror or hate groups;

Exploits minors;

Depicts unlawful acts or extreme violence;

Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;

Depicts animal cruelty or extreme violence towards animals;

Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;

Makes false or misleading claims about vaccination safety;

Conveys false or misleading health-related information that has a serious potential to cause public harm;

Claims that mass tragedies are hoaxes or false flag operations;

Depicts or encourages self-harm; or

Violates any applicable law.

5.3 Code of Conduct

In using our Services, you may not:

Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);

Act in a deceptive manner or impersonate any person or organization;

Harass or stalk any person;

Harm or exploit minors;

Distribute “spam” in any form or use misleading metadata;

Collect personal information about others;

Access another’s account without permission;

Engage in any unlawful activity;

Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or

Cause or encourage others to do any of the above.

5.4 Prohibited Technical Measures

You will not:

Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;

Submit any malicious program, script, or code;

Submit an unreasonable number of requests to our servers; or

Take any other actions to manipulate, interfere with, or damage our Services.

5.5 Restricted Users

You may not create an account if you are a member of a terror or hate group. Or intend to use our services for nefarious or otherwise unlawful purposes; especially those which interfere/deprive others of their human rights established by the United Nations declaration of human rights (https://www.un.org/en/universal-declaration-human-rights/index.html).  

5.6 Accessibility and Ratings

We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.

6. Term and Termination

This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan, Soundgig may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.

If you breach this Agreement, Soundgig may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Soundgig deletes your account for breach, you may not re-register.

In the event of any termination or expiration, the following sections will survive: Section 6.4 (Other Content; Feedback), Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes and Arbitration), and Section 12 (General Provisions).

7. Disclaimers

SOUNDGIG PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SOUNDGIG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SOUNDGIG BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SOUNDGIG’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SOUNDGIG OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SOUNDGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOUNDGIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Soundgig makes no representations or warranties:

That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;

Concerning any content submitted by or actions of our users;

That any geo-filtering or digital rights management solution that we might offer will be effective;

That our Services will meet your business or professional needs;

That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or

Concerning any third-party websites and resources.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) SOUNDGIG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SOUNDGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) SOUNDGIG’S TOTAL LIABILITY TO YOU, EXCEPT FOR SOUNDGIG’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SOUNDGIG OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

9. Restriction and Termination of Use

In any circumstance that the User does not comply with the dispositions contained on the present terms of use, Soundgig reserves the right to eliminate the account or cancel any order of any user without further notification or judicial resolution, and Soundgig does not make itself responsible for any further damages that may result for said cancellation or restriction.

10. Disputes and Arbitration

Disputes, if any, will be resolved through an amicable negotiation between YOU and SOUNDGIG. In the event of not reaching an amicable agreement, all matters that result from these disputes and/or agreement will be resolved by an arbitration committee. The arbitration will be  heard and determined by an arbiter, chosen by both parties. If within a period of 90 days after the claim is made, the arbiter fails to be selected by both parties, the official authority will select the arbiter. The arbitration will take place in Monterrey, Nuevo León, México.

10.1

Any dispute, controversy, or claim that results from or in relation to this agreement; failure to comply, termination, or validity of the same agreement; will be resolved through a final arbitration from the INTERNATIONAL CHAMBER OF COMMERCE MEXICO (ICC chapter México), (office: Maricopa 10 piso6 Col. Nápoles 03810 CDMX) through 1 sole arbiter, or if applicable, 3 arbiters. The Federal Mexican Legislation will be applicable, meaning, the code of commerce, the civil federal code and the code of civil federal procedures (código de comercio, código civil federal y código de procedimientos civiles federales). All other supplementary regulations will be dictated at the discretion of the arbiter; renouncing the parties from this moment forward any jurisdiction that due to their present or future domicile may correspond to them. In the event that through arbitration it is not possible to resolve this controversy, the parties submit to the civil jurisdiction of the CDMX.

10.2

Any monetary adjudication will be made and paid in Mexican pesos without any tax or any other deduction. Payment will include costs and gasots

11. General Provisions

Reservation of Rights, Severability: Soundgig reserves all rights not expressly granted herein. Soundgig’s rights and remedies are cumulative. No failure or delay by Soundgig in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.

Force Majeure: Soundgig will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Soundgig’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Soundgig shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.

Relationship: You and Soundgig are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Soundgig or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.

Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Soundgig. If you have a signed agreement with Soundgig, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.

Addenda: This Agreement incorporates the following documents (and no others) by reference:

Política de privacidad

Notices: You must send any notices of a legal nature to us by email: legal@soundgig.live or at:

Soundgig.

Attention: Legal Department

Sierra Mil Cumbres

170

San Pedro Garza García

Nuevo León

México