The web pages available at Noisli.com and all linked pages (“Site”) and our mobile device application (“App”), are owned and operated by Noisli Ltd. (“Noisli”) and is accessed by you under the Terms of Use described below (“Terms”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services”. Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site.



TERMS OF USE

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.


Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.


Who May Use the Services

Registration may be required for the use of certain Services and portions of the Website. If you choose to provide information to the Website, you agree to provide only true, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password.

Children under the age of 13 are not eligible to use the Website and must not attempt to register with Noisli and/or submit any personal information to us. We don't knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us at hello@noisli.com, and we will delete all relevant information.

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 trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Noisli account.

This website is not intended for persons under 13 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.


Disclaimer

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.


Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us hello@noisli.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.


Privacy Policy

Please refer to our Privacy Policy section below for information on how we collect, use and disclose information from our users.


Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, sounds, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.


Content Ownership

This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Subject to your compliance with these Terms, Noisli grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.


Credits

Noisli is using the following source sounds, which have been edited and rearranged. See here the source and the license of the original tracks:
Waves on a sandy beach, by juskiddink (CC-Attribution)
Natural wind, by MikaF (CC-Attribution)
Morning in the countryside, by inchadney (CC-Attribution)
Storm, by RHumphries (CC-Attribution)
Bonfire, by juskiddink (CC-Attribution)
Water stream, by mystiscool (CC-Attribution)
Aspen tree in strong wind, by juskiddink (CC-Attribution)
Cafe Brazil Walla, by AshFox (CC-Attribution)


Prohibitions

You agree not to do any of the following:
- Use, display, mirror or frame the Services, or any individual element within the Services, Noisli’s name, any Noisli trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Noisli’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Noisli’s computer systems, or the technical delivery systems of Noisli’s providers;
- Attempt to probe, scan, or test the vulnerability of any Noisli system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Noisli or any of Noisli’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Collective 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);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Noisli trademark, logo URL or product name without Noisli’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms or our Acceptable Use Policy. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.


Links to Third Party Websites or Resources

The Website may contain hyperlinks to other websites ("Other Sites"). If you use the hyperlinks to access these Other Sites, your browser will be re-directed to the Other Sites which may have their own terms of use and privacy policy. Noisli is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. The hyperlinks to Other Sites do not constitute an endorsement by Noisli of any Other Site(s) or resources, or their content, information, services or products. The Website is only providing these links to you as a convenience. Noisli accepts no responsibility for the content or conduct of Other Sites.


Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.


Indemnity

You will indemnify and hold harmless Noisli and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.


Limitations of Damages

IN NO EVENT SHALL NOISLI OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF NOISLI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



PRIVACY POLICY

Protecting your privacy is really important to us. Accordingly, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive when you use our Services. This Privacy Policy applies only to those websites, services and applications included within “Services” and doesn’t apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as in our Terms of Service.


How do we collect and use information?

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.
- Account Information: If you choose to opt in to receive email notifications and newsletters from us or if you choose to invite a friend to use the Services, we’ll collect certain information that can be used to identify you or your friend, such as name and email address (“Personally Identifiable Information” or “PII”).
- Information Collected Using Cookies: We collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.
- Information Related to Use of the Services: Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how our Services are used. We use Google Analytics and Mixpanel to collect, monitor and analyze Log Data in order to increase our Services’ functionality and user-friendliness, and to better tailor our Services to our visitors’ needs. We also use this information to verify that visitors to the Services meet the criteria required to process their requests. Accordingly, Log Data is shared with Google and Mixpanel, which have their own privacy policies (accessible at http://www.google.com/policies/privacy/ and https://mixpanel.com/privacy/ respectively) addressing how these parties use such information.
- Location Information: In some cases we can collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Services for you.
- Inviting Friends to use the Services: If you choose to invite a friend to use the Services, we will ask you for your name and email address, and your friend’s name and email address. We will use this information to automatically send your friend a one-time email inviting him or her to join the Services. We store this information for the sole purpose of sending this one-time email and tracking the success of our invite-a-friend program. If your friend would like us to delete his or her information, he or she can contact us hello@noisli.com with a deletion request.


What Information Do We Share With Third Parties?

We will not share any PII that we have collected from you except as described below:
- Information Shared with Our Services Providers: We may engage third party service providers to work with us to administer and provide the Services. These third-party services providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.
- Information Shared with Third Parties: We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.
- Information Disclosed in Connection with Business Transactions: Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.
- Information Disclosed for Our Protection and the Protection of Others: It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iv) to prevent or stop activity we consider to be illegal or unethical.


The Security of Your Information

We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. In the event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.


Links to Other Sites

Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party's privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information, we advise you to check their terms of use and privacy policies to find out how they are treating your personal information.


International Transfer

Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.


Policy Toward Children

Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.


Changes to Privacy Policy

If Noisli makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page.


Questions?

Please contact us at hello@noisli.com if you have any questions about our Terms of Use or Privacy Policy.


Last Updated: December 01, 2014