Terms of Service

Updated October 6, 2022

These are the terms and conditions on which we supply our products and services to you and on which you may make use of our website swound.com, any subdomains or applications (the "Service") delivered by Swound Creative Ltd ("us", "we", "our" or "Swound"). Your access to and use of the Service is conditioned on your acceptance of and compliance with those terms. These Terms apply to all visitors, users and others who access or use the Service.

Note that these terms also refers to our privacy policy and copyright license & agreement and are jointly refered to as this "Terms" or "Agreement".

By accessing or using the Service you agree to be bound by these "Terms". If you disagree with any part of the "Terms" you must not use our site, nor any products and services delivered by Swound Creative Ltd.

Information about us

We are Swound Creative Ltd, and our website, swound.com is operated by us. We are registered in Israel under company number XXXXXX. You can contact us from our contact page our directly via email at support@swound.com. If we have to contact you, we will do so by writting to you at the email address you provided when you registered to our Service.

The Service

The Service offers a platform designed to provide you with resources for performing and improving music creation. Access to our Service without account allows you to preview, search and listen music, samples and midis. Some parts of the Service require you to create an account, notably to upload or download content.

Your account

You must provide a valid email address, username, password and other information as stated by the registration form. You are prohibited from using as a username: (i) which is at our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable; or (ii) a name of another person with the intent to impersonate that person; We may modify, reject, or terminate your username and give such username to an another user of the Service as we see fit. You warrant that all information you provide to us are accurate, current and complete and that you will maintain them up to date. If you provide any information that is untrue, not current or incomplete, or we suspect that it is the case, we have the right to terminate your Account and refuse any and all current or future use of the Service. If you have been previously banned or removed by Swound, You agree not to create a new Account or use the Service.

Note that in order to register, you must: (i) have a legal right to enter into a binding contract with us and not be prohibited to do so under any applicable laws; (ii) be 18 years (or the age of majority in your country or state) or older unless you are aged between 13 and 17 and your parent or legal guardian has consented to your use and accepted this Agreement. Please note that some of the sounds on our Service may contain some lyrics that may be unsuitable for young children.

You shall not access or attempt to access user accounts that you are not authorised to access. Violations of system or network security may result in civil or criminal liability.

You are solely responsible for maintaining the confidentiality and security of your user account details and password and for all activities that occur on or through your user account and we shall not be responsible for any loss, damage or anything else arising out of the unauthorised use of your account. You must keep your password confidential and not disclose it to any third party. If you become aware of or suspect unauthorized use of your Account, you must notify us immediately via our contact page.

What can you use our Service for ?

d

a. General. The Service offers a platform designed to provide you with resources for performing and improving music creation. The Website, Software, and Service (“Swound Properties”) are owned and operated by Swound. The visual interfaces, graphics, design, compilation, computer code (including source code or object code), products, data, software, services, and all other components of the Service provided by Swound are protected by intellectual property and other laws. All materials included in the Service are the property of Swound or its third-party licensors. Except as expressly authorized by Swound, you may not use any of the Swound’s Properties. Swound reserves all rights to the Swound Properties not granted expressly in these Terms.

b. Your Use of the Service and Materials. Unless otherwise expressly permitted by Swound in writing, including on the Service, we authorize you, subject to this Agreement, to access and use the Swound Properties solely for the use of the services we provide, at our discretion solely for your own personal or internal business purposes. Any other use is expressly prohibited.

c. App License. The Agreement grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, run and use a copy of the App on a single mobile device or computer owned or controlled by you and used solely for your own personal or internal business use. It should be noted, however, that the use of the App in connection with portions of the Services expressly authorized by Swound for commercial use (e.g. with commercial versions of Swound) shall not, in and of itself, be deemed a violation of this Section. If you access or download an App from the Apple App Store (an "App Store Sourced Application"), you are only permitted to use the App Store Sourced Application (a) on an Apple branded device running iOS (Apple's proprietary operating system) and (b) in accordance with the Apple App Store Terms of Service. With respect to any App you access or download from the Google Play store (a "Google Play-sourced Application"), you may have additional license rights with respect to use of that App on a shared basis with those designated by you.

d. Certain Restrictions. You must comply with all privacy, data protection, intellectual property, and other applicable laws while using the Service. You shall not:

  • interfere with the Swound Properties' security features, including: (A) disabling or circumventing features that prevent or restrict use or copying of content; or (B) Alter, translate, adapt, merge, create derivative works from, disassemble, decompile, reverse-compile, reverse engineer, or otherwise attempt to discover the source code or source code structure of any portion of the Swound Properties, unless the activity has been expressly allowed.
  • interfere with the Swound Properties or any user's enjoyment of the Swound Properties, including by: (A) uploading or otherwise  distributing any virus, adware, spyware, worm, or other malicious code;(B) making any unsolicited offers or advertisements to another Swound user; (C) collecting personal information about another user or third party without consent; or (D) Interfering or disrupting any network, equipment, or server connected to or used by the Swound Properties;
  • engaging in any fraudulent activity including impersonating another person or organization.

e. Updates. You are aware that Swound Properties are evolving. For this reason, Swound may require you to accept updates to Swound Properties installed on your computer or mobile device. Swound may update Swound Properties without notifying you. You may also need to update third-party software from time to time in order to use Swound Properties or such third-party software.

General Prohibitions

  1. You must not upload, publish or transmit any Content that is: (i) violates any law including intellectual property, privacy or other laws; (ii) violates a third party’s patent, copyright, trademark, trade secret or moral rights; (iii) gives rise to civil or other liability; (iv) defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes illegal or harmful activities; or (vii) relate to illegal drugs, weapons or other illegal activities;
  2. Use, display, mirror or frame the Services or any individual element within the Services, Swound’s name, any Swound trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Swound’s express written consent;
  3. Tamper with, or use non-public areas of the Services, Swound’s computer systems, or the technical delivery systems of Swound’s providers;
  4. Attempt to probe, scan or test the vulnerability of any Swound system or network or breach any security or authentication measures;
  5. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Swound or other generally available third-party web browsers;
  6. Use the Services or Content in any way to send altered, deceptive or false source-identifying information;
  7. Attempt to reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Savage Property or the Services;
  8. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  9. Impersonate or misrepresent your affiliation with any person or entity;
  10. Violate any applicable law or regulation; or
  11. Encourage or enable any other individual to do any of the foregoing.

Your Content

a. Your Content. Any and all audio, project, midi, sample, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Swound.

Swound does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

b. License to Your Content. When you as a User post or publish Your Content on or in the Swound Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

c. No Obligation to Pre-Screen Content. You acknowledge that Swound has no obligation to pre-screen Content, although Swound reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Swound pre-screens, refuses or removes any Content, you acknowledge that Swound will do so for Swound's benefit, not yours. Without limiting the foregoing, Swound shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.

d. Storage. Swound has no obligation to store any of Your Content that you Make Available on Swound Properties. Swound has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Swound Properties. Certain portions of the Service may enable you to specify the level at which such Service restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Swound retains the right to create reasonable limits on Swound's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Swound in its sole discretion.

e. Username. By publishing Your Content to any area on Swound Properties, you hereby expressly permit Swound to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

Representations and warranties

You hereby represent and warrant to SoundCloud as follows: (i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize SoundCloud to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Platform, any and all Services and any Linked Services.

(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.

(iv) Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.

(v) Your Content does not and will not create any liability on the part of SoundCloud, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. SoundCloud reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

Liability for content

You hereby acknowledge and agree that SoundCloud (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, SoundCloud excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that SoundCloud cannot and does not review the content created or uploaded by its users, and neither SoundCloud nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

SoundCloud and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against SoundCloud or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Refund policy

Due to the nature of our products (offering non-tangible digital products) we DO NOT offer refunds once the product is sent and downloaded because it is not possible to “return” the product and ensure that the product is no longer used. We reserve the right to refuse any refund requests.

We DO NOT refund for compatibility problems. It is your responsibility to know your software. We are not responsible for products that does not function properly if you system doesn't meet the product's requirements. All our products are tested and guaranteed to work.

We provide examples of the products you are purchasing. You are responsible for ordering the correct product. We cannot exchange your products if you bought the wrong one

However, we want you to be 100% satisfied with your purchase. If you are having issues with the files, if you need technical support or did not receive your purchase, please write to us via our contact page. We will do our best to find a solution !

Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you grant us an unrestricted, perpetual, irrevocable, non-exclusive, worldwide, fully-paid, royalty-free, fully transferable and sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. You acknowledge that your submission of Feedback is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.

Termination

We may suspend, restrict or terminate your account and your access to the Service, without prior notice or liability, for any reason whatsoever, including without limitation if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ​Swound.

Swound has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ​Swound shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 3​0 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Swound sole discretion.

Contact us

If you have any question regarding those copyright policies or have a legal request, please write to us via our contact page