Terms of Use

Introduction - Purpose

SoundSnap is an online platform for downloading a wide variety of downloadable sounds. Audio is intrinsic to presentations, films, websites, science projects, and creative projects of all kinds. Soundsnap provides the ability to search through and download various sounds, sound effects, audio clips, and samples to encourage the continuation of experimentation and creation.

Acceptance of Terms

These Terms of Service apply to all visitors and users of the SoundSnap website, including members who have paid a membership fee. By visiting and using the SoundSnap website you signify your assent to both these Terms of Service and the SoundSnap Privacy Policy.

You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent. You also represent that You are fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set out in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SoundSnap website is not intended for children under 13.

Children under the age of 13 are not permitted to use SoundSnap and no part of the website is directed to children under the age of 13. If you are under the age of 13 please do not use this website.

If you download sounds from Soundsnap, you also do so under the terms of the Soundsnap License. If you do not agree with any of these terms you are not permitted to visit the website and use or purchase any of the content of SoundSnap.

User Accounts & Submissions

In order to access some features of the website, or download sounds, you will have to create an account. You may never use another's account without SoundSnap’s permission. When creating your account, you must provide accurate, up to date, and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password(s), billing information, and username(s) secure. You must notify SoundSnap immediately of any breach of security or unauthorized use of your account(s). Although SoundSnap will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SoundSnap or others due to any unauthorized uses and/or activity on your accounts.

You agree we may verify your identity at any time during or after your use of our Website. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources.

If: (1) you do not provide any requested information, as prompted, and/or (2) SoundSnap can’t verify your identity, then you agree that SoundSnap may refuse to allow access to our Website and Work.

Your account is only for your personal use. You agree to not share your password to your account with any other person or company for any reason. Password sharing even to other persons in your company or family is not permitted. By signing up for an account with us, you agree to follow these password sharing restrictions.

We monitor password sharing and may enforce this policy. If you share your password with any person, you agree that we may at our option and in our discretion (1) automatically charge you for the additional users, (2) put a temporary hold or block on your account, (3) terminate your account permanently, and/or (4) take actions to collect any amounts owed for additional unregistered users who you have shared your password with. By agreeing to our Terms of Service, you grant us a non-exclusive, worldwide, irrevocable right to display your company name, logo, and trademarks on our website and in our marketing materials to identify you as our client. This use is for promotional purposes only and does not imply your endorsement of our products or services. You agree to indemnify us against any claims arising from our authorized use of your marks.

By signing up for an account and using our website and services, you agree that these restrictions and actions are fair and reasonable.

Billing and Subscriptions

If you choose to purchase a subscription to the website, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. If you choose to subscribe to one of our subscription plans, your credit card or PayPal account will be charged based on the cost of the service as then set forth on the website from time to time. Your credit card information will be securely encrypted and stored only as a cryptographically-encoded token. Your charge will be authorized and charged at the time you order. You will be notified by email prior to the end of your chosen subscription term that your subscription will automatically renew. Your charge will be authorized and charged at the time you order. You will be notified by email prior to the end of your chosen subscription term that your subscription will automatically terminate and you will then have the opportunity to renew. Soundsnap reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected users of any such changes. You agree to promptly provide Soundsnap with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, and credit card expiration date.

If you subscribe to our various subscription plans ("Subscriptions"), you will be charged subscription fees, which are listed on our website ("Subscription Fees"). The Subscription Fees will be billed according to your subscription plan (for example: weekly, monthly, or annually). The Subscriptions and their billing cycles will be listed and described on the website.

The Subscription Fees will automatically renew each billing cycle based on your Subscription. YOU AGREE THAT WE MAY AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOU ON EACH BILLING CYCLE ACCORDING TO YOUR CHOSEN SUBSCRIPTION PLAN.

It’s permitted to cancel your Subscription at any time. If you cancel your Subscription after you have been billed for your specific Subscription’s current billing cycle, then that Subscription Fee will not be refunded to you. However, you will still have access to the Subscription Content until the end of your specific Subscription’s billing cycle.

Purchases made from Soundsnap may be eligible for a refund within fourteen (14) calendar days from the date of purchase, subject to the following conditions: (1) the user has not downloaded any sound files under their account; (2) The customer expresses dissatisfaction with the downloaded content and provides specific, definable reasons for such dissatisfaction; and the customer has downloaded fewer than ten (10) sound effects credits and utilized fewer than one thousand (1000) AI Voiceover credits. All refund requests must be made in good faith.

All non-subscription download packs, have credits that expire after 90 days from the date of purchase. This is required by credit card processors for risk/ accounting reasons. Refunds are issued at Soundsnap's sole discretion.

Restricted Activities

You are prohibited from any use of the website or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the website; and (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any website content without the prior expressed permission of Soundsnap. You may not consummate any transaction on the website, or that was initiated using our service, that could cause us to violate any applicable law, statute, ordinance or regulation.

You agree we may verify your identity at any time during or after your use of our Website. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, proof of address (such as utility bills), phone number, and/or requiring you to take steps to confirm ownership of your email address or financial instruments (such as credit card), or verifying information you provide against third party databases or through other sources.

If: (1) you do not provide any requested information, as prompted, and/or (2) SoundSnap can’t verify your identity, then you agree that SoundSnap may refuse to allow access to our Website and Work without refund.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or any other kind of software, that accesses the website in a manner that sends more request messages to the SoundSnap servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. SoundSnap reserves the right to block any user when there is a serious indication of abuse of the library with a permanent ban without refund and without right of dispute from the user. SoundSnap may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or SoundSnap Content at any time at SoundSnap’s discretion, without prior notice or liability to you. Any conduct by you that, at SoundSnap’s sole discretion, is deemed abusive to our site’s policies is strictly prohibited and may result in the termination of your access to the Site without further notice.

Notwithstanding the foregoing, SoundSnap grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SoundSnap reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website.

Copyright Infringement

SoundSnap does not permit copyright infringing activities and infringement of intellectual property rights on its website, and SoundSnap will remove content if properly notified that such content infringes on another's intellectual property rights. SoundSnap reserves the right to remove content without prior notice. SoundSnap will also terminate a user's access to its website, if they are determined to be in breach of the License.

Report a Sound

If you are a copyright owner or an agent thereof and believe that any content on our website infringes upon your copyright rights, you may submit a notification pursuant to SoundSnap website with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.SoundSnap's designated representative to receive notifications of claimed infringement is Anastasios Frantzolas, resident of 6, V. Amalias Str., Kifisia 14561, Athens, Greece.

Warranty Disclaimer

You agree that your use of the SoundSnap website shall be at your sole risk. To the fullest extent permitted by law, SoundSnap, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with sounds of the website, the website itself and your use thereof. SoundSnap makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the SoundSnap website. SoundSnap does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the SoundSnap website or any hyperlinked website or featured in any banner or other advertising, and SoundSnap will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Voiceover Tech and Output Terms & License

This is an agreement between OJOO LIMITED, a Cyprus limited liability company, doing business as Soundsnap, and its successors and assigns ("Company" or "we" or "us" or "our") and you, or the entity on whose behalf you are entering this agreement with ("you" or "your") with respect to your non-exclusive usage of our and our third-party suppliers’ voiceover, dubbing, text-to-speech technology, machine learning, APIs, and related services ("Voiceover Tech") accessed from, and used through, our websites and platforms.
Our Voiceover Tech is provided through third-party technology and service providers, specifically Eleven Labs and Eleven Labs’ own third-party suppliers.
By purchasing a subscription from us and using our Voiceover Tech and related services, you agree to be bound by the following terms and conditions in relation to the use of the Voiceover Tech (the "Agreement"), which includes the Eleven Labs Terms of Service and Eleven Labs Privacy Policy.

Specific Services

Our Voiceover Tech currently generally includes the following features and services that are accessible through our websites and platforms – full offerings and services are listed on our website and platform:

Text-to-speech services that transform text into speech in a selected voice;
Speech-to-speech services that convert your voice input/conversions into a different voice output, but preserving the original input style;
Voice cloning, which allows creation of a voice model using audio recording as input;
A "voice lab", which manages the voices in your account, and allows you to create new ones;
Access to a voice library including various voice offerings;
Creation of voiceovers for long-form content such as news articles and/or audiobooks;
Automated dubbing services, including translation of content across twenty-nine (29) various languages;
End-to-end dubbing studio services, which allows our users to manually edit various transcriptions, translations, and clips;
Access to an embedded audio player that automatically parses any text and generates voice output; and
Professional dubbing services.

Ownership of Voiceover Tech Output

To the extent possible, you will own all rights in all audio output generated and returned by our Voiceover Tech and its technological components (including the audio and text output generated by the Voiceover Tech’s artificial intelligence models and language learning models ("Output"). You may retain these rights to your Output even after changes to, and/or removal of, the Voiceover Tech from our services, platforms, and websites – subject to the terms and conditions of the Eleven Labs Terms of Service and Eleven Labs Privacy Policy. However, you agree to grant us and our third-party suppliers – specifically Eleven Labs - the Output License listed below. You further recognize and agree that due to the nature of the machine learning, various voices used to generate the Output may not be available for your ownership because the Voiceover Tech relies upon machine learning and artificial intelligence trained on third-party voices.

License of Voiceover Tech Output

By accessing and using the Voiceover Tech, you hereby grant to us (and to our suppliers, specifically Eleven Labs) an irrevocable, non-exclusive, non-transferable license to reproduce, distribute, create derivative works of, translate, broadcast, publicly perform, publicly display, and otherwise use (a) all information, voices, materials, information, and texts you input into the Voiceover Tech, and (b) your Output, to perform our obligations and exercise our rights with our third-party suppliers (specifically Eleven Labs).

Changes to Voiceover Tech; Availability

You recognize and agree that we may change various providers, aspects, and/or functions of the Voiceover Tech. Thus, this means that you agree that:

Our third-party suppliers may change various aspects of the Voiceover Tech and related services at any time, and without advance notice to you;
We may remove portions, or all, of the Voiceover Tech from our websites and platforms at any time and without advance notice to you;
We may change our third-party supplier(s) for the Voiceover Tech at any time and without advance notice to you;
We will make commercially reasonable efforts to announce any changes to, and/or removals of, the Voiceover Tech to our websites and platforms in a prompt manner;
Due to the nature of machine learning and artificial intelligence, there may be times that various Output is prohibited from being publicly used if any voice output is the same or substantially similar to any natural person’s voice; and
We are not responsible (and you will hold us and our third-party suppliers harmless) for any changes to, and/or removal of, the Voiceover Tech and related services.

RESTRICTIONS ON USAGE

You agree to not:

Use the Voiceover Tech and/or the Output for any illegal purpose prohibited by law and/or regulation;
Use the Voiceover Tech and/or the Output in any manner that infringes on the privacy and/or publicity rights of any third party;
Use the Voiceover Tech and/or the Output in any manner that infringes on the intellectual property and/or proprietary rights of any third party;
Use the Voiceover Tech and/or the Output to defame any third party;
Upload or provide any Output to any artificial intelligence or machine learning product or service for the purpose of cloning any of the audio content (including the Voiceover Tech’s voice models) available on our platform and website; and/or
Copy, download, and/or retrieve any copies of underlying technology, language models, and/or components of the Voiceover Tech at any time; and/or
Create, train, test, and/or improve artificial intelligence or machine learning models (including any architectures, models, and/or weights) on any Output from the Voiceover Tech (and/or any derivatives thereof).

Disclaimer of Warranties

YOU RECOGNIZE AND AGREE THAT:

WE AND OUR THIRD-PARTY SUPPLIERS DO NOT WARRANT THAT THE VOICEOVER TECH (OR THE RESULTS OR OUTPUT FROM THE VOICEOVER TECH AND/OR RELATED SERVICES) WILL BE ACCURATE, ADEQUATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, FREE OF CLAIMS, AND/OR ERROR FREE;
WE AND OUR THIRD-PARTY SUPPLIERS DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE VOICEOVER TECH AND/OR THE SERVICES;
VOICEOVER TECH, THE CONTENTS THEREIN, ANY ACCOMPANYING DOCUMENTATION, AND ANY OTHER DATA OR INFORMATION PROVIDED TO AND THROUGH THE VOICEOVER TECH, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITH ALL FAULTS, AND WE AND OUR THIRD-PARTY SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN, OR OTHER ASPECTS OF, ANY OF THE FOREGOING;
WE AND OUR THIRD-PARTY SUPPLIERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES CONCERNING RESULTS OBTAINED FROM YOUR USE OF THE SERVICES;
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SUPPLIERS MAKE NO WARRANTY OF ANY KIND THAT THE VOICEOVER TECH AND RELATED SERVICES, OR ANY OUTPUTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR (OR ANY OTHER PERSON’S) REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE; AND
THE VOICEOVER TECH AND RELATED THIRD-PARTY SERVICES AND THIRD-PARTY CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

Limitation of Liability

THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUNDSNAP AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SOUNDSNAP AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOUNDSNAP AND YOU. SOUNDSNAP AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE, THE MATERIALS AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SOUNDSNAP’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.

Indemnity

You agree to defend, indemnify and hold harmless SoundSnap, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SoundSnap website; (ii) your violation of any term of these Terms of Service, the Privacy Policy, and/or the License; and/or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This Section and indemnification obligation will survive these Terms of Service and your use of the SoundSnap website.

ELECTRONIC COMMUNICATIONS

A. Emails.

We may (1) provide you with a way to contact us through the Website, and/or (2) request that you give us your email address before, during, or after any registration process, so that we may communicate electronically.

You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

All electronic communications will be received or otherwise recorded by Soundsnap, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by Soundsnap.

B. Recording.

In connection with your use of the Website, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and Soundsnap, its suppliers, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by Soundsnap and its suppliers of any and all information and data contained in (1) any communication with Soundsnap and its suppliers, and (2) any information input posted on or through the Website.

Miscellaneous Provisions

You agree that:(i) the SoundSnap website shall be deemed solely based in Cyprus; and (ii) the SoundSnap website shall be deemed a passive website that does not give rise to personal jurisdiction over SoundSnap, either specific or general, in jurisdictions other than Cyprus. These Terms of Service shall be governed by the internal substantive laws of Cyprus, without respect to its conflict of laws principles. Any claim or dispute between you and SoundSnap that arises in whole or in part from the SoundSnap website shall be decided exclusively by a court of competent jurisdiction located in Cyprus.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SoundSnap without restriction.These Terms of Service, together with the Privacy Notice at https://www.SoundSnap.com/privacy, the SoundSnap License at https://www.SoundSnap.com/license and any other legal notices published by SoundSnap on the website, shall constitute the entire agreement between you and SoundSnap concerning the SoundSnap website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SoundSnap's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.SoundSnap reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.
Your use of the SoundSnap website following any update, amendment, and/or change to these Terms of Service will signify your assent to and acceptance of its revised terms.
You and SoundSnap agree that any cause of action arising out of or related to the SoundSnap website must commence within one (1) year after the cause of action accrues.
Any cause of action arising from and/or related to these Terms of Service will be governed by Cyprus law.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the CAMC Arbitration Rules. The appointing authority shall be the Cyprus’ Arbitration and Mediation Centre. The number of arbitrators shall be one (1) in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The place of arbitration shall be Nicosia, Cyprus. The language to be used in the arbitral proceedings shall be English