A. General Terms and Conditions
This is a legal agreement ("Agreement") between and among you and Noiseconnexion, and any other entity affiliated with Noiseconnexion, Noiseconnexion stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Noiseconnexion website, including any Noiseconnexion branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the "Website", as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Noiseconnexion reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement.
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to Noiseconnexion: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click "AGREE" or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Website, including all financial charges and legal liability that he or she may incur.
2. Content and Products.
All "Content", including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Noiseconnexion, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Noiseconnexion or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is "Products," which is certain Content made available by Noiseconnexion for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by Noiseconnexion Sounds.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Noiseconnexion shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Noiseconnexion reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Noiseconnexion ("Registration Data") for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Noiseconnexion may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Noiseconnexion, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Noiseconnexion may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Noiseconnexion immediately of any unauthorized use of your password and/or Account. Noiseconnexion shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Noiseconnexion, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Noiseconnexion shall have the right to terminate your Account and pursue all available remedies at law.
5. Consent to our communication with you by E-Mail.
By establishing an Account, you grant permission for Noiseconnexion to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
6. System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
7. Charges and Billing.
You agree to pay for all for-fee Products that you purchase through the Website. Noiseconnexion may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Noiseconnexion to charge your credit card for the above at Noiseconnexion's convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING Noiseconnexion WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Noiseconnexion may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Noiseconnexion may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Noiseconnexion will not be liable to you or to any third party should it exercise such rights.
8. Limitation on Sales
Noiseconnexion sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Noiseconnexion reserves the right to refuse access to the Website or Noiseconnexion API or sale of Products, to any end user. Noiseconnexion may terminate any offers for free or special promotions or pricing on merchandise at any time.
9. Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time. Noiseconnexion does not provide price protection or refunds in the event of a price drop or promotional offering.
10. Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Noiseconnexion charts and other marketing data, Noiseconnexion reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Noiseconnexion’s sole discretion, falsely inflate sales data.
11. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Noiseconnexion will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Noiseconnexion.
12. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Noiseconnexion reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
14. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Noiseconnexion's offer to sell or (2) convey Noiseconnexion's acceptance of your order. Noiseconnexion reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Noiseconnexion reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Noiseconnexion chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
15. Charges and Billing.
Noiseconnexion currently accepts American Express, Visa, Master Card, JCB and PayPal. Noiseconnexion does not accept cash, money orders, or checks. Noiseconnexion reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Noiseconnexion, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Noiseconnexion will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Noiseconnexion's management's sole discretion.
Noiseconnexion accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Noiseconnexion. All purchases made using currency other than US Dollars shall be processed by Noiseconnexion Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
17. Limitations of Content Usage and Copyright.
Noiseconnexion may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Noiseconnexion ("Content Rules") and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. NOISECONNEXION RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Stream.
A "Download" is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Noiseconnexion shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
18. Prohibited Uses of Content.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any "derivative works" by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
19. Stems File Format
The Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format. For clarity, any digital download of a sound recording, including those in the Stems file format, other than those specifically purchased on the Noiseconnexion Sounds platform, are provided only for your personal, noncommercial use, or performance, unless you have cleared all necessary rights in the Content.
20. Loss of Rights by Noiseconnexion.
Noiseconnexion may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
21. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
22. Community and Brand Features / Public Areas.
The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded. These features may include access to a user’s charts and a user's collection of Content. Noiseconnexion HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Noiseconnexion is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.
23. Noiseconnexion Username Policy.
No two users or DJs can have the same Noiseconnexion Username or DJ name (collectively, “Noiseconnexion Username”) on the Noiseconnexion platform. Noiseconnexion Usernames are provided on a first-come basis.
Noiseconnexion will not typically intervene in Noiseconnexion Username disputes. Disputes should be resolved between the parties. However, Noiseconnexion reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Noiseconnexion Username in situations where:
(i) an account has been inactive for a period of time;
(ii) Noiseconnexion determines that a Noiseconnexion Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Noiseconnexion to be otherwise misleading;
(iii) Noiseconnexion suspects that a Noiseconnexion Username is being squatted;
(iv) the registered Noiseconnexion Username is that of a more established, well-known DJ, and Noiseconnexion’s decision not to reassign the Noiseconnexion Username will lead to consumer confusion; and
(v) Noiseconnexion has determined, in its own discretion, the situation is such that removing or reassigning the Noiseconnexion Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Noiseconnexion Username is strictly prohibited and may result in permanent account suspension.
24. User Generated Content.
Noiseconnexion may permit users to create customized landing pages and post or upload content, including mixes, tracks, playlist compilations (also referred to as charts), performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with Noiseconnexion users (“User Content”). You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that (i) you own or otherwise control all applicable rights to the User Content, (ii) have the necessary rights to post, upload, transmit or display the User Content on Noiseconnexion, and (iii) that such User Content, or its use as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others; (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by Noiseconnexion or any unwilling, or unknowing, third-party, without that party’s express written consent, or (c) cause injury to any person or entity. You agree to defend indemnify and hold harmless Noiseconnexion, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content. You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility. The rights granted herein shall inure for so long as the User Content is provided by you on the Noiseconnexion Website. Except from those rights specifically granted herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Noiseconnexion. Noiseconnexion reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. Noiseconnexion reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. Noiseconnexion does not monitor, review, edit, or endorse User Content. If you believe that User Content violates your intellectual property, please review the “Report Copyright Infringement” page for instructions on how to file a copyright claim with Noiseconnexion.
25. Restrictions. You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
26. Noiseconnexion's Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Noiseconnexion may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Noiseconnexion's use of such Content exploits any proprietary rights you may have in such material, you agree that Noiseconnexion has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
All copyrights in and to the Website (including the organization of content and charts,) and software, are owned by Noiseconnexion and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Noiseconnexion and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Noiseconnexion and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
30. Violation of Intellectual Property Rights.
This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Contentother than for the purposes stated for herein are prohibited.
If Noiseconnexion receives a notice alleging that you have engaged in behavior that infringes Noiseconnexion's or an other's intellectual property rights or reasonably suspects the same, Noiseconnexion may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
If you believe that any information or material on the Website constitutes copyright infringement, instructions on how to file an infringement claim with Noiseconnexion can be found here : firstname.lastname@example.org
31. Enforcement of These Terms.
You agree that Noiseconnexion has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Noiseconnexion believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Noiseconnexion's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).
32. No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Website. Noiseconnexion may include links to third party websites, which are provided solely as a convenience to you. Noiseconnexion assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Noiseconnexion is not responsible for evaluating or examining the content or accuracy of such.
33. Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Noiseconnexion and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Noiseconnexion and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Noiseconnexion suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Noiseconnexion with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Noiseconnexion believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Noiseconnexion, at its sole discretion, without notice to you, may: (i) terminate your Account, and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available. In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.
35. Governing Law.
The laws of the State of Colorado, of the United States of America, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Noiseconnexion or relating in any way to your use of the Website resides in the courts of the State of Colorado, U.S.A.
36. Export Controls.
The Content offered by Noiseconnexion may be subject to U.S. export and control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
You warrant that you are (1) not located in Congo, Cote d’Ivorie, Cuba, Iran, Libya, Myanmar, North Korea, Sudan, Somalia, or Syria, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Noiseconnexion under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
37. Disclaimers and Limitations of Liability.
(a) You agree that from time to time Noiseconnexion may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Noiseconnexion makes no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Noiseconnexion be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Noiseconnexion shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
(e) All Content on this Website is provided to you on an "as is" "as available" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Noiseconnexion makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Noiseconnexion makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.
(f) Noiseconnexion specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Noiseconnexion has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
B. Noiseconnexion Sounds Terms and Conditions
Please read these Noiseconnexion Sounds Terms and Conditions (“Sounds Terms”) carefully before purchasing any Products in the Noiseconnexion Sounds catalogue. By using Noiseconnexion Sounds or purchasing or downloading any Sounds Product, you are agreeing to be bound by these Sounds Terms.
If you do not wish to be bound by these Sounds Terms, do not use Noiseconnexion Sounds or download or purchase any Sounds Product.
1. Sounds Terms and Conditions
These Sounds Terms are applicable for all purchases made on the Noiseconnexion Sounds section of the Website (“Noiseconnexion Sounds”). These Sounds Terms are not applicable to purchases made on any other portion of the Website.
All of the general terms and conditions set forth above are incorporated herein. If there is any conflict between those general terms and conditions and these Sounds Terms, these Sounds Terms shall apply (for Noiseconnexion Sounds purchases only)
2. Sounds Product License.
This is a non-exclusive, non-transferrable, terminable license agreement between you and Noiseconnexion. Upon your purchase or download of any Sounds Product and subject to your compliance with these Sounds Terms and the general terms and conditions, you are granted a royalty free, non-exclusive license in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively “Sounds Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the Sounds Product and should be saved by you as evidence of such.
You are not the Copyright Holder. Your use of the Sounds Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them isolated. Likewise, any Sounds Product which is a rhythm loop sample must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.
This non-exclusive license is granted for a single user only, on a global basis, for the full copyright protection period (unless earlier terminated) and is not transferrable. Only the original purchaser of the Sounds Product has the right to embody and utilize the Sounds Product within their derivative work.
This license expressly forbids the copying, lending, duplicating, sublicensing, trading, resale, rental, loan, gift or transfer of any part of the Sounds Product or a copy thereof, in any format or via any medium, to another person or company, except as a derivative work created by you.
You may not electronically transfer the Sounds Product or place the Sounds Product in a file-sharing or service bureau operation or a computer/sampler network.The purchased Sounds Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product. Any unlicensed usage will be prosecuted to the maximum extent possible by law.
Noiseconnexion may terminate your rights in a purchased Sounds Product upon written notice to you if it believes you have breached any of the Sounds Terms. Upon such termination you must return, destroy, remove, and cease all use of the identified purchased Sounds Product. No refunds shall be granted for such terminations.
You agree to defend, indemnify and hold Noiseconnexion harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your breach of these Noiseconnexion Sounds Terms and Conditions and/or misuse, deliberate or otherwise, of the Sounds Product, and/or violation of the rights purchased pursuant to this Agreement.
These Sounds Terms express the entire understanding between you and Noiseconnexion in relation to the Sounds Product and shall supersede all other oral or written communications relating to the Sounds Product or its use.
C. Noiseconnexion CLOUD Terms and Conditions
Please read these Noiseconnexion CLOUD (“CLOUD”) Terms and Conditions (“CLOUD Terms”) carefully before signing up and purchasing a CLOUD subscription plan. By participating in, and signing up for, CLOUD, you are agreeing to be bound by these CLOUD Terms. If you do not wish to be bound by these CLOUD Terms, please do not purchase a subscription for CLOUD.
1. CLOUD Terms and Conditions
These CLOUD Terms are applicable to all participating users of the CLOUD service. All of the general terms and conditions set forth above are incorporated herein. If there is any conflict between those general terms and conditions and these CLOUD Terms, these CLOUD Terms shall apply for your use of the Cloud service.
2. CLOUD Fees and Term
The monthly fee for CLOUD is as follows: USD$4.99 / EUR4,99 / GBP3,99 / AUD 6,99. Currency dependent on location of purchase. Monthly fees may be subject to change. Promotional discounts may apply. Subscription month starts on the day of purchase and renews, or terminates, on the same day the following month. Subscription will auto-renew unless terminated by you prior to the auto-renewal date. Your subscription will remain active through the current subscription month upon termination. There are no refunds for early termination.
3. Your Use of CLOUD
CLOUD enables you to download previously purchased content on Noiseconnexion an unlimited number of times. Purchased content includes any track purchased on the Noiseconnexion.com website, regardless of when the track was purchased. Sounds packs, Stems and products not purchased through the Noiseconnexion store are not available for redownloads with a Noiseconnexion CLOUD subscription.
Content purchased on the Noiseconnexion Classic website (classic.Noiseconnexion.com) and other Noiseconnexion affiliated apps will be available for CLOUD downloads on Noiseconnexion.com only. Content on Noiseconnexion Sounds is not available for redownload with a CLOUD subscription.
Any content that is no longer available on Noiseconnexion or is delivered by a Supplier that has expressly opted out of the CLOUD subscription service, will not be available. Noiseconnexion is not responsible for content that is not available to CLOUD subscribers and your only remedy in such situations is to choose not to renew your subscription the following month.
4. Prohibited Use of CLOUD
Account sharing on CLOUD is strictly prohibited. Noiseconnexion reserves the right to terminate any CLOUD subscription, effective immediately, in cases where such activity is identified by Noiseconnexion. The decision to terminate your access to CLOUD is solely at Noiseconnexion’s discretion. Noiseconnexion will not share evidence or detailed information in regards to what prompted Noiseconnexion to terminate your access to CLOUD. No refund will be provided as a result of termination by Noiseconnexion.
You may use CLOUD with up to five (5) devices. Additional devices shall be viewed as a violation of the CLOUD Terms and Conditions.
5. Needle Drop Accessibility
Your CLOUD subscription includes access to Noiseconnexion’s Needle Drop preview technology. Needle Drop enables one-hundred and twenty (120) second previews on Noiseconnexion, with the ability to move the preview anywhere within the track. Needle Drop preview is intended for previewing content only and using this feature for performance purposes is an express violation of these terms and infringes the rights of the copyright holder.
6. Noiseconnexion Charts
Redownloads on Noiseconnexion CLOUD will not count towards the Top 100 Noiseconnexion global and genre charts, which shall include the Noiseconnexion Hype global and genre charts.
D. LINK Terms and Conditions
Please read these Noiseconnexion LINK (“LINK”) Terms and Conditions (“LINK Terms”) carefully before signing up and purchasing a LINK subscription plan. By participating in, and signing up for, LINK, you are agreeing to be bound by these LINK Terms. If you do not wish to be bound by these LINK Terms, please do not purchase a subscription for LINK.
1. LINK Terms and Conditions
These LINK Terms are applicable to all participating users of the LINK service. All of the general terms and conditions set forth above are incorporated herein. If there is any conflict between those general terms and conditions and these LINK Terms, these LINK Terms shall apply for your use of the LINK service.
2. Third-Party Partner Applications and Devices
LINK is available via third-party DJ hardware and software products (each a “Partner Company”). Each Partner Company may have their own terms and conditions, which will also apply to your use of LINK when utilizing that company’s product. Noiseconnexion shall not be responsible if any Partner Company chooses to no longer support LINK. In such situations, Noiseconnexion will attempt to preemptively notify all LINK subscribers via email. If you have opted-out of email communication, you may not receive the notification.
3. LINK Fees and Term
LINK has three plans available: (i) LINK with audio streams at 128kbps AAC for $14.99USD/month with no offline locker access; (ii) LINK PRO with audio streams at 256kbps AAC for $39.99USD/month with Noiseconnexion CLOUD offline access limited to 50 tracks; and (iii) LINK PRO+ with audio streams at 256kbps AAC for $59.99USD/month with Noiseconnexion CLOUD offline access limited to 100 tracks.
Currency dependent on location of purchase. Monthly fees and subscription plans may be subject to change. Promotional discounts may apply. Subscription month starts on the day of purchase and renews, or terminates, on the same day the following month. Subscription will auto-renew unless terminated by you prior to the auto-renewal date. Your subscription will remain active through the current subscription month upon termination. There are no refunds for early termination.
4. Your Use of LINK
LINK enables you to listen to full streams of tracks from Noiseconnexion’s catalog of content via the interface of certain Partner Company’s products. Your subscription to LINK will grant access to LINK wherever it is available. Noiseconnexion Sounds content will not be available on LINK.
Any content by a Supplier that has expressly opted out of the LINK subscription service, will not be available. Noiseconnexion is not responsible for content that is not available to LINK subscribers and your only remedy in such situations is to choose not to renew your subscription the following month.
5. Prohibited Use of LINK
Content streamed on LINK is intended for your personal use only. Use of LINK for public performance purposes will require additional licensing, which is not included as part of your subscription.
You may use LINK with up to five (5) devices. Additional devices shall be viewed as a violation of the LINK Terms and Conditions. LINK supports up to 4 concurrent streams at one time.
Account sharing on LINK is strictly prohibited. Noiseconnexion reserves the right to terminate any LINK subscription, effective immediately, in cases where such activity is identified by Noiseconnexion. The decision to terminate your access to LINK is solely at Noiseconnexion’s discretion. Noiseconnexion will not share evidence or detailed information in reference to what prompted Noiseconnexion to terminate your access to LINK. No refund will be provided as a result of termination by Noiseconnexion.
6. Noiseconnexion CLOUD Accessibility
Your LINK subscription includes access to Noiseconnexion CLOUD. Please review the CLOUD Terms for information on usage for that product.
7. Noiseconnexion Charts and Plays
Plays on LINK are not applied to the Noiseconnexion Charts for charting purposes. Noiseconnexion reserves the right to exclude fraudulent plays, at its own discretion, that it believes are made for the sole purpose of increasing revenue share. Noiseconnexion will not share any data that was the basis for such decisions.
E. Noiseconnexion Hype Terms and Conditions
Please read these Noiseconnexion Hype (“Hype”) Terms and Conditions (“Hype Terms”) carefully before signing up and purchasing access to Hype. By participating in, and signing up for, Hype, you are agreeing to be bound by these Hype Terms. If you do not wish to be bound by these Hype Terms, please do not participate in Hype.
1. Hype Terms and Conditions
These Hype Terms are applicable to all participating suppliers, labels, and artists on the Hype platform. All of the general terms and conditions set forth above are incorporated herein. All purchases of content available on Hype shall be governed by the general terms and conditions, as it pertains to the customer. If there is any conflict between those general terms and conditions and these Hype Terms, these Hype Terms shall apply.
2. Monthly Fee
The monthly fee for Hype participation is as follows: USD$9.99 / EUR9,99 / GBP7,99 / AUD 14,99. Currency dependent on location of purchase. Monthly fees may be subject to change. Promotional discounts may apply. Subscription month starts on the day of purchase and renews, or terminates, on the same day the following month. Hype refreshes every 24 hours; it may take up to 24 hours before label content appears on the Hype charts (if eligible).
3. Label Eligibility for Hype
Hype represents an opportunity for Noiseconnexion’s smaller labels to get recognized, and chart, on Noiseconnexion’s platform. It’s also an opportunity for consumers to more easily discover new content that has yet to breakout. Hype is available only to those labels that have grossed up to, but not more than, $10,000USD in the trailing calendar year, from the date of sign up. Noiseconnexion reserves the right to reduce this amount for certain genres on Hype. Your registration for Hype is only valid for the specific label identified on your registration.
If, at any time after sign-up, a Hype label exceeds USD$10,000.00 in the trailing calendar year, the label will be eligible to remain on Hype through the current subscription month. Once the month is completed, the label will not be able to renew until sales for the trailing 12 month period fall below USD$10,000.00.
Noiseconnexion reserves the right to disqualify any label from Hype if it believes that label does not fit the spirit of this program. For example, if a well-established artist creates a new label for a new project featuring that artist, or artists of similar stature, the label will not qualify for Hype. Likewise, if Noiseconnexion has any reason to believe that sales for a label are being manipulated in order to gain a higher position on the Hype charts, Noiseconnexion reserves the right to disqualify that label from future participation on Hype.
4. Hype Genres
At this time, Hype is only available for the following genres: Techno, Tech House, House, Deep House, Melodic House & Techno, Drum & Bass, Minimal, Trance, Progressive House, Psy-Trance. If you are a label that provides content to Noiseconnexion in various genres, only that content identified as one of the aforementioned genres will be eligible for Hype participation. Additional genres may be added to Hype at a future date.
5. Termination from Hype
All monthly fees are non-refundable once paid. Any termination will be effective as of the next renewal date.
6. Hype Charts
The Hype charts are solely based on authentic, organic sales. Noiseconnexion reserves the right to exclude any sales from its Hype chart calculations that it believes, in its sole discretion, were made for the sole purpose of inflating sales and manipulating chart position.
7. Promotional Benefits of Hype
Noiseconnexion will provide select marketing or promotional support for Hype participants. Promotional and marketing opportunities may change. Please see https://hype.Noiseconnexion.com for the current opportunities being offered. Labels selected for Noiseconnexion marketing and promotional opportunities are solely at Noiseconnexion’s discretion.
F. API Terms and Conditions
If you are requesting access to the Noiseconnexion API on behalf of yourself, "you" and "your" shall refer to you as a contracting individual.
The Noiseconnexion API is a service that allows pre-approved licensees to retrieve select content available at the Website for inclusion on your Noiseconnexion approved domain.
B. Your Use of the Noiseconnexion API
(ii) Prohibited Actions.
You, as the user of the Noiseconnexion API, must not attempt to:
(a) encourage or facilitate the violation of any aspect of Noiseconnexion's Website Terms and Conditions ;
(b) use, display, mirror or frame (including in meta-tags or hidden text) the Website or any individual element of the Website without Noiseconnexion's express written consent;
(c) use the API in conjunction with a subscription service or the distribution of any content, for free or for sale, whether or not you have the appropriate license and rights to distribute such materials, without express written permission by Noiseconnexion (except that your use of the API may provide a link to the Website where the user may purchase or download the associated content); or,
(d) mislead, misguide, or confuse users.
(iii) Use of Noiseconnexion Logos and Trademarks.
Noiseconnexion grants you a non-exclusive license to use the Noiseconnexion trade name, logo, and trademark solely to identify the source of the Noiseconnexion API content or as direct links to the Noiseconnexion Website. This right does not extend to any other brand element featured prominently on the Website or associated with the Noiseconnexion brand. All permitted use of the Noiseconnexion trade names, logos, trademarks, and other distinctive brand features must be presented as provided through the Noiseconnexion API or as defined in the Noiseconnexion Style Guide: https://support.Noiseconnexion.com/hc/en-us/articles/200353255 .
(iv) Link to Purchase Pages.
The Noiseconnexion API may only be used with those platforms from which a functional link is made available that, when accessed, takes the user to the page on Noiseconnexion's Website where the user can access the associated content.
2. Platform Usage.
A. Noiseconnexion may sometimes review the API platform (including how our services are being accessed and used), but you acknowledge we have no obligation to do so. Noiseconnexion is not responsible for files, content, or any other information accessible through the API platform.
B. We may limit the number of calls accepted by the API if we believe the number of calls to the Noiseconnexion API may negatively impact the Noiseconnexion API or Website performance.
C. Our API platform is a work in progress. Please keep that in mind. It may continue to change over time as Noiseconnexion refines and adds more features with the needs of our audience and any feedback received.
3. End User Data.
4. Other Platforms and Users.
Noiseconnexion has no obligation to provide support to your users. Unless you have written permission to do so from Noiseconnexion, you must not state or imply any endorsement by Noiseconnexion of your site or the content of your site. Providing links to the Noiseconnexion store to enable purchasing of products shall not be considered an endorsement.
5. Copyright and License
Noiseconnexion grants you a limited, non-sublicensable right to access the API and use the Noiseconnexion data for non-commercial and informational use. Any commercial use must be pre-approved in writing by Noiseconnexion and any options to purchase content provided by the API must link back to Noiseconnexion's website, unless otherwise permitted by Noiseconnexion.
6. Proprietary Rights and License.
A. Noiseconnexion Property.
As between you and Noiseconnexion, Noiseconnexion retains all rights, title and interest, including without limitation all intellectual property rights, in and to, (a) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating to; (b) the Content available through the API; (c) the Noiseconnexion brands; and (d) any feedback from users, developers, or others (including suggestions, comments, improvements, ideas, etc.) about the Noiseconnexion services, the content, the API, or any applications Noiseconnexion may be developing at the time of feedback or chooses to develop at a future date.
B. No Implied Rights.
C. Noiseconnexion Development.
7. Term and Termination.
Your use of the Noiseconnexion API is subject to the following restrictions:
A. All calls to the Noiseconnexion API must reference the API Key issued to you as an approved licensee. You will not share the API Key and any other authentication details with any third party.
B. You will provide the Noiseconnexion content to your users on "As Is" terms.
C. You may not use the Noiseconnexion content in a product, service, or for commercial use without Noiseconnexion's express permission.
D. You further agree not to otherwise reproduce, modify, distribute, or reverse engineer any portion of the Noiseconnexion API or any content or data provided through the Noiseconnexion API.
E. You agree not to use the Noiseconnexion API, Content, Products, or the Noiseconnexion trade names, logos, and trademarks in any way that harms Noiseconnexion, its service providers, its suppliers, its artists, its labels, Noiseconnexion or your end users, or any other person.
F. You may not use the Noiseconnexion API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights.
9. Representations and Warranties.
The Noiseconnexion API is provided "As Is", use at your own risk, without express or implied warranty or condition of any kind. Noiseconnexion also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement.
12. Limitation of Liability.
In no event will Noiseconnexion, its affiliates, agents or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Noiseconnexion has been warned of the possibility of such damages. Noiseconnexion assumes no liability for any of your activities in connection with the Noiseconnexion API or for your use of the Noiseconnexion API in connection with your website.
G. Noiseconnexion SOCIAL MEDIA SWEEPSTAKES - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, TWITTER OR ANY THIRD PARTY SOCIAL MEDIA PLATFORM. VOID WHERE PROHIBITED BY LAW.
BY ENTERING ANY Noiseconnexion SOCIAL MEDIA SWEEPSTAKES, PARTICIPANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES. ANY VIOLATION OF THESE OFFICIALS RULES MAY, AT Noiseconnexion’S, OR IDENTIFIED SPONSOR’S, DISCRETION, RESULT IN DISQUALIFICATION.
Noiseconnexion may run, from time to time, Noiseconnexion Social Media Sweepstakes (individually and collectively, “Sweepstakes”), sponsored by Noiseconnexion. Such Sweepstakes shall take place on Noiseconnexion’s various social media platforms. These Official Rules shall apply to each Sweepstakes unless the Sweepstakes states otherwise and alternate terms and conditions are provided.
The “Sweepstakes Period” for each Sweepstakes shall be stated on the post/tweet for the specific Sweepstakes. All submissions must be provided by 12:01am Mountain Standard Time (FRANCE) by the date posted. Noiseconnexion may, at its discretion, extend the Sweepstakes Period for each Sweepstakes by changing the entry date on the selected post.
The Winner for each Sweepstakes will be identified in the comments section of the Sweepstakes post. Noiseconnexion may also reach out to the Winner via messaging on the social media platform. By entering, you give Noiseconnexion permission to message you if you are the Winner.
1. What Can I Win?
There will be one (1) prize (“Prize”) for each Sweepstakes. Winning a Prize does not disqualify you from participating in or winning future Sweepstakes. Prize for each Sweepstakes will be identified with the Sweepstakes post/tweet.
Prize is non-transferable and no substitution, exchange or cash equivalent will be allowed except by Noiseconnexion. Noiseconnexion reserves the right to substitute prizes of equal or greater value and approximately similar features for any Prize due to unavailability or difficulty in shipping.
The odds of winning depend on the number of eligible entries received.
2. Who Can Enter?
This is a worldwide promotion. You are eligible if you are 18 years of age or older as of the date the Sweepstakes was first posted or are between the ages of 13 and 18 years of age and have your parent’s permission, and reside in a country where Noiseconnexion content can be purchased. Entrants must also be legal, non-fraudulent, registered members of Noiseconnexion.com and the social media platform where the Sweepstakes is conducted.
You are ineligible to enter and will be disqualified if:
• You are an employee or director of, or a member of the immediate family (parent, children, sibling, spouse, regardless of where they live) of, or live in the same household (whether related or not) with, such employees and directors (collectively, an “Employee”) of Noiseconnexion or if you are an employee of their respective parent and subsidiary companies, or of an advertising, promotion, judging, production or publicity agency doing business with any of the above, or of any of their respective parents, subsidiaries, and affiliated companies, or of anyone connected with the production and distribution of the Sweepstakes.
• You have attempted to enter the Sweepstakes via multiple accounts or multiple entries from the same account.
• You have not complied with these Official Rules or the final decisions of Noiseconnexion, in Noiseconnexion’s sole discretion.
3. How Do I Enter?
• Become a registered member of Noiseconnexion.com and the social media platform the Sweepstakes is posted on, if you are not already, and follow or friend the Noiseconnexion profile page. Registrations are free.
• And, either:
a.) Follow the instructions for entry associated with the Sweepstakes post/tweet; or,
b.) Enter by mail-in entry to: Noiseconnexion, Cap horizon 69 Avenue Estienne d'Orves 83500 La Seyne France Attention: Noiseconnexion Social Media Sweepstakes Entry. Entry must be received by Noiseconnexion on or before the posted Sweepstakes Period associated with the Sweepstakes, and must include the participant’s registered Noiseconnexion username.
Multiple entries or submissions are prohibited.
Noiseconnexion may disqualify any entrant violating these Official Rules, in letter or in spirit. Noiseconnexion may prohibit any individual from participating in the Sweepstakes or winning a prize if, in Noiseconnexion’s sole discretion, it determines that said individual: is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, fraud, theft, or other unfair practices; violates the Official Rules; or acts in any disruptive manner during the Sweepstakes.
Your contact information may be shared with Noiseconnexion’s representatives for the sole purpose of prize fulfillment. By submitting your entry, you accept the terms of the Official Rules and agree to be bound by the decisions of Noiseconnexion, which will be final.
4. How Will Winners Be Chosen?
Winner shall be selected by random number generator. Winner will be notified in the comments section of the Sweepstakes. Noiseconnexion reserves the right to select an alternate winner for an individual that is unreachable or unresponsive seventy-two (72) hours after notification.
Noiseconnexion reserves the right to verify the validity of any entry, including entrant’s identity, age, address, email address, Noiseconnexion account, and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry, in Noiseconnexion’s sole judgment. Inappropriate language, in Noiseconnexion’s sole discretion, may also be cause for disqualification.
5. Winner Obligations.
Selected winner agrees to return any prize received if a representation made proves to be untrue, and shall defend, indemnify and hold harmless Noiseconnexion against any and all claims, damages and expenses, including attorneys’ fees incurred as a result of any such misrepresentation. If you are selected as a winner, you hereby consent to the use of your name and likeness by Noiseconnexion for the purposes of publicity and release to the media, without any further consent or compensation, unless prohibited by law.
6. Release and Indemnity.
By participating in the Sweepstakes, each participant and winner waives any and all claims of liability against Noiseconnexion, its employees and agents, for lost, late, damaged, undelivered, unseen, or miscounted entries, whether due to technical or human error, any personal injury or loss which may occur from the conduct of, or participation in, the Sweepstakes, or from the award, receipt and/or use or misuse of any Prize. In order to receive a Prize, winner may be required to sign an official waiver form provided by the Noiseconnexion.
Noiseconnexion may revise these Official Rules (and/or cancel, modify or suspend a Sweepstakes, including altering the Prize) if, in its sole discretion, the Sweepstakes cannot reasonably be conducted as specified at any time. Such changes will be posted online and you agree to be legally bound by the Official Rules as updated, modified and/or amended.
8. Other Things You Should Know.
You agree that: (i) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for the State of Colorado, or the appropriate Colorado State Court located in Denver, Colorado; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but you may not recover any attorneys’ fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, you waive any right to a jury trial in any forum in respect to any issue, claim or cause of action arising out of or based on the subject matter hereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Noiseconnexion in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules. The Sweepstakes is void where prohibited, restricted or regulated by law. Failure by Noiseconnexion to enforce any of its rights or these Official Rules at any stage does not constitute a waiver of those rights. You hereby represent and warrant that you have read these Official Rules and are fully familiar with the contents.
9. For a paper copy of winners and Prizes, please send a self-addressed, stamped envelope to Noiseconnexion, Cap horizon 69 Avenue Estienne d'Orves 83500 La Seyne France Attention: Noiseconnexion Social Media Sweepstakes.
H. Noiseconnexion Promotional Survey Sweepstakes
Noiseconnexion may, from time to time, ask users of its Website to participate in a survey providing Noiseconnexion with information about its website, platform, brand, industry, or other such matters the company believes may be helpful. Participation in such surveys is discretionary. In some circumstances, Noiseconnexion may offer a Prize to encourage users to participate.
The Terms and Conditions provided for in Section D, Noiseconnexion Social Media Sweepstakes, shall apply to all Promotional Survey Sweepstakes, except as modified herein.
1. Entering a Promotional Survey Sweepstakes
Opportunities to participate in a Noiseconnexion Survey may be at the discretion of Noiseconnexion, or, an algorithm created by Noiseconnexion or a Noiseconnexion partner, or completely random. If you are selected, and within the required age range as defined in Section D(2), you will be automatically entered upon submission of a completed survey.
Alternatively, if you are not selected to participate in a survey, or prefer not to complete the survey but still wish to enter the Sweepstakes, you may enter by mail-in entry to: Noiseconnexion, Cap horizon 69 Avenue Estienne d'Orves 83500 La Seyne France, Attention: Noiseconnexion Promotional Survey Sweepstakes Entry. Mail-in entries must be received during the time of an active Sweepstakes and before the date of the drawing, which may not be publicized.
All responses submitted shall become the sole property of Noiseconnexion. Noiseconnexion may utilize any suggestions or input without any further compensation to you. Any personal information will only be used to identify and notify the winner of the Sweepstakes.
3. Winner’s List
Winner(s) for any Promotional Survey Sweepstakes will not be publicly announced. Noiseconnexion will reach out to any winner directly via the email provided with the survey or the email associated with the user’s account. Noiseconnexion is not responsible for any undelivered or unreceived emails and reserves the right to select an alternate winner if the first selected winner is deemed unreachable.