TERMS, PRIVACY & COOKIES POLICY
Hello and thank you for using Noisli.
These Terms and any other terms specifically referred to in any of those documents constitute a legally binding contract (the “Agreement”) between you and Noisli in relation to your use of the Services.
To make these Terms easier to read, the website, our services and apps and all related sites, widgets, tools, applications, browser extensions, data, player, software, APIs and other services provided by Noisli are collectively called the “Services”. For purposes of these Terms, “Content” means any text, graphics, images, sounds, software, audio, video, piece of code, works of authorship of any kind, and information or other materials that are posted, displayed, generated, provided or otherwise made available through the Services.
If you have any questions about these Terms, feel free to contact us.
Agreement to Terms
By accessing, using or viewing our Services, creating an account or by streaming, viewing and accessing any Content provided by our Services, you agree to be bound by these Terms and you represent and warrant that you have read and understood and accept our Terms. You also agree that you are 16 years of age or more if you are a resident of the European Union or that you are 13 years of age or more if you are resident in the United States or anywhere else in the world. 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 Website 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 Website, 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 Services. If you choose to provide information to the Services, 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.
Our Services are not intended for persons under the age of 16 if resident in the European Union or under the age of 13 if resident in the United States or anywhere else in the world. Children under the age of 16, if resident in the European Union, or 13 if resident in the United States or anywhere else in the world are not eligible to use the Services and must not attempt to register with Noisli and/or submit any personal information to us. We don't knowingly collect or solicit personal information from any person who is under the age of 16 or 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 16 or 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us at email@example.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 trademark 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.
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.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. 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.
All Noisli Services, all Content, trademarks, service marks, trade names, logos, domain names, and any other features or content of the Noisli brand, are the sole property of Noisli. The Agreement does not grant you any rights to use any Noisli content whether for commercial or non-commercial use other than specified in these Terms. You agree to comply with all copyright laws worldwide in your use of the Services and to prevent any unauthorized copying or use of the Content. You agree not to remove, alter or obscure, or attempt to remove, alter or obscure, any copyright, trademark, service mark or any other proprietary rights or legal notices incorporated in or accompanying the Services or Content.
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)
USE OF THE SERVICES
Subject to your strict compliance with these Terms at any and all times during your use of the Services, Noisli grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable and non-transferable right to use the Services in order to view Content and to listen to audio Content streamed from the Services, and solely for your personal, non-commercial purposes or use.
The above rights are conditional upon your strict compliance with these Terms at any and all times during your use of the Services, including, without limitation, the following:
1. You must not download, store, copy, rip or capture, or attempt to download, store, copy, rip or capture, any Content from the Services or any part of the Services, other than as intended by the Services.
2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Services at any and all times.
3. You must not use any Content in any way that is designed to create a separate content service or that replicates any part of the Services offering.
4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
5. You must not, and must not permit any third party to, copy or adapt the object code of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to our Content.
6. You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
6.1 any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Noisli’s reasonable discretion;
6.2 any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
6.3 any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Noisli’s reasonable opinion;
6.4 any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which does or might restrict or inhibit any other user's use and enjoyment of the Services; or
6.5 any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
7. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
8. You must not rent, sell or lease access to the Services, or any Content on the Services.
9. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company.
10. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Noisli employee.
11. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
12. You must not sell or transfer, or offer to sell or transfer, any Noisli account to any third party without the prior written approval of Noisli.
13. You must not collect or attempt to collect or store personal data, or any other kind of information from the Services about other users, including without limitation, through spidering or any form of scraping.
14. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Noisli or any of Noisli’s providers or any other third party; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Noisli’s servers, system or network or attempt to breach Noisli’s data security or authentication procedures; attempt to interfere with the Services by any means including, without limitation, hacking Noisli’s servers or systems, submitting or injecting a virus, overloading, mail-bombing or crashing;
15. You must not use, display, mirror or frame the Services, or any individual element or Content within the Services, Noisli’s name, any Noisli trademark, logo or other proprietary information, or the layout and design of any Service, without Noisli’s express written consent;
16. You must not 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);
17. You must not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
18. You must not 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;
19. You must not use the Services for any commercial purpose or use or the benefit of any third party or in any manner not permitted by these Terms;
20. You must not violate any applicable law or regulation;
21. You must not encourage or enable any other individual to do any of the foregoing.
Without limitation to any other rights or remedies of Noisli under these Terms, Noisli reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions at any and all times during your use of the Services, and acknowledge and agree that Noisli has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms. This may include taking court action and/or reporting offending users to the relevant authorities.
THIRD PARTY WEBSITES AND SERVICES
The Services may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter “Other Services”).
Noisli does not have or maintain any control over Other Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any Other Service, Noisli does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Other Services.
You may terminate this Agreement at any time by deleting your account and thereafter by ceasing to use the Services. 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. Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account, will be irretrievably deleted by Noisli, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. Noisli assumes no liability for any material that is irretrievably deleted following any termination of your account.
If you access the Services via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the account page under settings of the website.
Even if this Agreement is terminated, any sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
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 or (iii) any violation by you of any law.
LIMITATIONS OF DAMAGES
IN NO EVENT SHALL NOISLI’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO. 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.
APPLICABLE LAW AND JURISDICTION
Except where otherwise required by the mandatory law of the United States or any member state of the European Union, this Agreement is subject to the laws of Germany; and you hereby agree, and Noisli agrees, to submit to the exclusive jurisdiction of the courts in Berlin, Germany for resolution of any dispute, action or proceeding arising in connection with this Agreement.
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Noisli seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Noisli or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Noisli and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
The services hereunder are offered by Noisli Ltd, a company incorporated under the laws of England & Wales and with its main place of business at Charlottenstraße 2, 10969 Berlin, Germany. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. If you are a resident of the State of California, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
INFORMATION WE COLLECT ABOUT YOU
We collect personal information about you in order to provide our Services and its features. We process this information in light of our legitimate interest in improving the Services and giving our users the best experience, and where it is necessary for the adequate performance of the contract between us and you. Without it, we may not be able to provide you with all the requested services and features of the Services. We collect those information from various sources:
Account and profile information: when you register any Noisli account, you will need to provide your email address and choose a password. At your discretion, you may choose to provide your real name, surname and a user name (which may be your real name or a pseudonym) in your Profile section. We also keep track of your preferences when you select settings within the Services.
Correspondence information: if you contact us by email, use any webforms on the Services, or contact us by mail, via social media platforms or other offline means, you will provide certain personal data such as your email address or any other information you choose to provide.
Survey information: if you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.
Usage, log data & cookies: when you use or interact with the Services we collect, automatically or through the use of web analytics services as described in our Cookies Policy, information about how the Services are accessed and used. This information includes but is not limited to: interactions with the Services such as accessing, playing, streaming, time, frequency and duration of your visits to the Services; technical analytic data which may include url information, types and attributes of devices you are using to access the Services, network connection and provider, network and device performance, browser type, general location data as described in our Cookies Policy. How much of this information we collect depends on the type and settings of the device you use to access the Services.
HOW WE USE YOUR INFORMATION
I. To operate, maintain and provide the Services
II. To operate and maintain your Noisli account, to provide you with access to the Services, and to personalize your experience
III. For research and development: we are always looking for ways to improve and enhance the Services and make it more useful to you. We use learnings about how people use our Services and from feedback provided directly to us.
IV. To communicate with you about the Services: we use your contact information to send transactional communications via email and within the Services, including responding to your comments, questions and requests, providing technical and customer support, and sending you technical notices, updates, notifications about your account, security alerts, and administrative messages. We may also send you communications as you onboard to a particular Service to help you become more proficient in using that Service. These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
V. To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.
VI. To prevent or take action against activities that are, or may be, in breach of our Terms or applicable law.
VII. To comply with legal obligations
SHARING OF YOUR INFORMATION
We are not in the business of selling information about you to advertisers or other third parties.
Service Providers: We work with third-party service providers to provide Services development, hosting, maintenance, backup, storage, virtual infrastructure and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under instruction from us, including abiding by policies and procedures designed to protect your information. Such service providers may be located outside of the European Economic Area (EEA). We need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
With your consent: We will disclose your information if you have explicitly agreed that we may do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
As aggregated data: We may aggregate your personal and usage data with similar data relating to other users of the Services in order to create statistical information regarding the Services and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life.
If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand, request or obligation.
To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Services.
CONTROL AND ACCESS TO YOUR DATA
You have certain rights in order to control and access your data:
Copy of your data: you may be entitled to request which personal information we hold about you. You may also be entitled to request a machine-readable format of the personal information you have provided to us.
Correction: you may request a correction of incomplete or inaccurate data we hold about you if you can not do it yourself through your account settings.
Erasure: you may request to delete all or some of your personal data we hold about you. You can also delete your account at any time through your account settings.
Retention: we generally retain data as long as you do not delete your account and as long as it is needed in order to provide our Services and to comply with legal, accounting and reporting requirements.
Objection to processing: you may object to processing your personal information if we do not need to process such information for contractual or legal requirements. You also have the right to object where we are processing your personal data for direct marketing purposes.
Restriction: you may have the right to limit the ways or to suspend the processing of your personal data under certain circumstances.
Withdrawing consent: You may withdraw consent in the processing of your personal information by sending a communication to us specifying the consent you are withdrawing.
Complaints: You have the right to lodge complaints about our data processing activities before a competent data protection authority.
As mentioned above, most of the personal data and other information you provide to us can be accessed and updated from the Account settings on the Website.
We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your devices, and log out after having used the Services. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information. Keep in mind that when you use our Services and when you provide us with information you do so at your own risk and discretion.
INTERNATIONAL DATA TRANSFERS
Noisli is not intended for use by children. Anyone under the age of 16, if resident in the European Union, or 13 if resident in the United States or anywhere else in the world, is not permitted to use the Services and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 16 or 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 16 or 13, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately.
DON’T WANT TO GIVE US YOUR INFORMATION?
WHAT ARE COOKIES?
Cookies are small text files that are placed on your devices by websites that you visit. These text files can be read by these websites and help to identify when you return to a website or help to register information about your activity.
The length of time a cookie will stay on your device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted. We may use both ‘session’ cookies and ‘persistent’ cookies on the Services.
To find out more about cookies, including how to see what cookies have been set and how to block and delete cookies, please visit http://www.aboutcookies.org/.
We use Necessary Cookies to operate our Site and which are essential to enable you to navigate and use our Services, authenticate your account, use its features and to log into secure areas of the Services. You can not opt out of these cookies but if you wish to, we kindly ask you to not use our Services or to delete your Noisli account.
Functional Cookies allow us to recognize you when you visit or use our Services and are necessary to allow us to operate the Services. This means e.g. that you don’t have to log in each time you visit our Services. You may disable any of these functional cookies from your browser, but if you do, various functions of the Services may be unavailable to you or may not work as intended.
We use analytics cookies to help us understand and analyze how our Services are used, and to optimize our Services to deliver the best possible experience. The following third party analytics technologies are in use:
To opt-out or disable mobile analytics you can do so through your phone’s settings.
CONSENT TO COOKIES AND SIMILAR TECHNOLOGIES
Yay! You’ve made it to the end.
Thanks for taking the time to read our Terms. We hope you enjoy Noisli!
Last updated: May 25, 2018