Terms of Use

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at Nigeria (together or individually “Service”) operated by Soundki.

Introduction

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.


Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.


If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@soundki.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@soundki.com.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Terms from Soundki

This terms are generated from and for soundki


Feature 01

Article 1 - General remarks!

- Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.


Feature 02

Article 2 - Soundki free service presents you!

- The Soundki free Service is an online streaming service offering free of charge streaming of sound recordings, musics, and other musical and cultural content 'such as radios' with additional download functionalities, blogs, ads, spotlights on an unlimited basis [the 'Soundki free service' offers] to each registered user rights to use all our functionalities on the conditions that you follow this terms of use.


Feature 02

Article 3 - Access and use of the Soundki

- The use of the Soundki requires a high-speed Internet connection for personal, computers and any other Internet services. These connections are not provided by Soundki, therefore the Soundki users must first subscribe to a high-speed Internet. in order to use the Soundki a connection to Internet for mobile through a third generation or fourth generation [3G or 4G] mobile technology norm is highly recommended.


Feature 02

Article 4 - Availability and modification of the Soundki

- Soundki can be accessed 24 hours a day and seven days a week with no restrictions.

- Soundki has the right to bring any modification and amelioration to the Soundki service as it deems necessary.

- Soundki nevertheless guarantees that it will not affect the quality or modify substantially the functionalities of the Soundki service so rest assured.


Feature 02

Article 5 - Terms of access to the Soundki service!

The Soundki user declares being capable to accept the hereby terms, which means that he/she has the legal required age and he/she is not under a legal protection measure [such as legal guardianship].


Feature 02

Article 6 - Soundki users liability!

- Each Soundki user can upload musics, purchase songs and share information or comments on the site.

- The Soundki user is liable for any messages, content or information published by himself on the site; Soundki is only considered as an Internet self service-hosting provider and cannot be held liable or responsible for the content published by the Soundki user on the site, and upon which Soundki has no control or supervision.

- The Soundki user expressly agrees, in order to avoid being held liable, that he/she will ensure that the messages, musics, blogs etc published by him/her on the site do not, notably but not limited to.

- Constitute a violation of third-party intellectual property rights; therefore the member agrees not to publish anything, on the site, content protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the permissions or consent of the owner or owners of the said rights...

- Contain any computer virus which can interrupt, destroy or affect the site’s functionalities...

- Glorify crimes or contain illegal or threatening messages or of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or against public orders and good manners...

- Infringe a right to privacy or violate the dignity of third parties...

- Encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity...

- Harass other users...

- Promote or encourage any criminal activity or enterprise..

- Request and/or communicate passwords and/or personal information for commercial or illegal purpose...

- Transmit emails chains, unsolicited massive emails, instant messages, advertising messages and spam messages...

- Contain bad advertisement and/or solicitation in order to offer bad products and/or services to sell through the site...

- Contain addresses or Internet links transferring to external website which content violates any applicable law and/or regulation, infringes the rights of third parties or violates the Terms..

- Must not abuse the free functionalities provided by Soundki....

- Must not claim or tarnish the reputation or third party user or artist...

- The Soundki user agrees not to use any automatic system such as scripts and others in the purpose of adding users to his/her user account and send bad send comments or messages.

- The Soundki user is the solely responsible for the safekeeping and the privacy of his/her password and agrees not to communicate, at any time, his/her password to any other user nor use the account, name or password of any other user.

- The Soundki user certifies the accuracy of the information given to Soundki for his/her registration, payments and any other activities and agrees to notify any modification.

- The Soundki user recognizes that Soundki has the right, in case his/her use of the site or application would violate the Terms and more broadly the right of third parties, laws and regulation in effect, to proceed immediately and without any notice to his/her suspension or dismissal from the Soundki service and/or block his/her access to the Soundki service.

- Soundki has the right, in case the Soundki user would violate the legislation or infringe any third-parties rights, to provide upon request of any legitimate authority [courts, administrative authorities, and police forces], any information enabling or facilitating the identification of the offender.


Feature 02

Article 7 - Disclaimer of warranties!

- The Soundki user declares being informed of the confines and limitations of the Internet network.

- As a result, Soundki disclaims liability for any dysfunction in the Soundki service’s access, the opening and consultation speed of the site and/or application’s pages, the listening speed of the tracks, the temporary or definitive inaccessibility of the Soundki service, and the fraudulent use by third parties of the information provided on the Site or the Application.

- Soundki disclaims liability in case the Soundki service would turn out to be incompatible with certain equipment and/or functionalities of the equipment of the Soundki user.

- Finally, the Soundki user is solely liable of his/her use of the Soundki service and cannot hold Soundki liable for any claim and/or procedure made against him/her in that respect.

- The Soundki user shall take in charge every claim, complaint or objection and more broadly any proceedings filed against Soundki by a third party in relation to the Soundki user’s use of the Soundki service.


Feature 02

Article 8 - Soundki premium package price!

- The subscription price is indicated on the site or in the application and includes all taxes.- The subscription price is indicated on the site or in the application and includes all taxes.

- Soundki has the right to modify the price of the subscription offer from time to time. Soundki will inform each Subscriber through an email to the address provided by the subscriber at the time of registration to the Soundki service [or as updated later in his/her account] of any price increase at least 14 [fifteen] days before it becomes effective.

- Any increase of the VAT [Value Added Tax] will be impacted automatically and immediately on the Soundki premium package price. It will be the same in case of the creation of a new tax that will be based on the price of the Soundki premium package and applicable to Soundki.

- It is reminded that the connection and communication [Internet] costs relating to the use of the Soundki premium package are not supported by Soundki and must be supported only by the subscriber.


Feature 02

Article 9 - Intellectual property!

- The general structure of the site, the application, the Soundki Premium service and all elements composing are the exclusive property of Soundki.

- Any hyperlink to the site and using the “framing” technique [programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website] or the “in-line linking” technique [programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the site is hosted and enables to hide from an uninformed user the initial content of which the element is part] is strictly prohibited.

- Any artificial use of a Soundki account [such use for instance aiming at artificially or abnormally increase the plays of certain
specific music tracks or increase of followers], via automated processes such as robots and scripts or via any other means,
is strictly prohibited.

- The Soundki users agrees not to bypass, by any means, these technical protection measures, for the purpose of
downloading these files without the enabling of the download function given by the uploader.


Feature 02

Article 10 - Suspension and/or termination initiated by Soundki or the Subscriber!

- Without prejudice of any damages that Soundki may seek, Soundki has the right to suspend access or disable the Soundki
Premium Service to a Subscriber and/or terminate, without notice or compensation, his/her subscription to the Soundki
premium service if the Soundki user fails to follow this terms of service.


Article 11 - Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,”
or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in
connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined
by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or
copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our
prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.


Feature 02

Article 12 - Accounts

- When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

- You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

- We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.


Feature 02

Article 13 - Copyright Policy

- We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

- If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@soundki.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

- You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on
the infringement of any Content found on and/or through Service on your copyright.


Feature 02

Article 14 - Error Reporting and Feedback

- You may provide us either directly at info@soundki.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

- (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

- (ii) Company may have development ideas similar to the Feedback;

- (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and

- (iv) Company is not under any obligation of confidentiality
with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable,
unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize)
Feedback in any manner and for any purpose.


Feature 02

Article 15 - Links To Other Web Sites

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

- Soundki has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

- For example, the outlined Terms of Use have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker’s Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Service template for a website, blog, e-commerce store or app.

- YOU ACKNOWLEDGE AND AGREE THAT COMPANY 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 THIRD PARTY WEB SITES OR SERVICES.

- WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES
OR SERVICES THAT YOU VISIT.


Feature 02

Article 16 - Disclaimer Of Warranty

- THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

- NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

- COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

- YOU ACKNOWLEDGE AND AGREE THAT COMPANY 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 THIRD PARTY WEB SITES OR SERVICES.

- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.


Feature 02

Article 17 - Limitation Of Liability

- EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE
AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL
OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Feature 02

Article 18 - Termination

- We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

- If you wish to terminate your account, you may simply discontinue using Service.

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


Feature 02

Article 19 - Changes To Service

- We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including
registered users.


Article 20 - Acknowledgement

- BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF SERVICE AND AGREE TO BE BOUND BY THEM.


Feature 02

Contact Us

- Please send your feedback, comments, requests for technical support by email: info@soundki.com.