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User info

First name * This information is necessary to create your user. Your username will be your first and last name. If you are a performer or label, you will be able to create your specialised profile, at a later time.

Last name * This information is necessary to create your user. Your username will be your first and last name. If you are a performer or label, you will be able to create your specialised profile, at a later time.

Account info

Account display name * The Account display name is the name of your account (e.g. if you are a Label, we will ask your legal name to be used in contacts, but we will only display the Accound display name).

Business type * The business type represents you relationships with the industry. The business types that you select will help us to customize your Soundfeed experience and can be changed anytime.

Label

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Terms and Conditions

Welcome and Thank you for using our website and our mobile application (hereinafter referred to as the{' '} “Platform”).{' '} The Platform as well as the domain where is hosted are owned and managed by Soundfeed SRL (hereinafter referred to as the “Company”, “Soundfeed”, “We”, “we”)a Romanian company duly registered at 224 Calea Victoriei, flat 48, 010099 District 1, Bucharest, ROMANIA. {' '} Use of this website and/or the mobile application is subject to an Agreement between you and{' '} the Company.

The Terms and Conditions (hereinafter referred to as the “Terms” or the “Agreement”) are{' '} applicable from the moment you{' '} access the Platform . Your access to and use of the Platform is conditioned on your acceptance of and compliance with the present Terms and Conditions.

These Terms apply to all categories of users and others who access or use the Platform. By accessing or using the Platform you agree{' '} to comply with these Terms.

About this document and the current state of the Platform
This is a legally binding document. The Platform is in development. It is not a final functional product. The use of the Platform is currently free and invitation based only. Manual validation of each current user is currently in place. In consideration of the development status of the Platform, many features available may not function completely or at all. There is no representation or warranty from Soundfeed as to the use of the Platform, the performance and to any extent of the applicability of the Platform to your needs.
The Privacy Policy, along with the Terms and Conditions of using the Platform, are subject to change throughout the development process.

Third party data and services
Under certain circumstances the Platform will display data or content from third party sources, such as Youtube, Spotify, Shazam, Apple Music, Soundcloud, Imgur, Mail Chimp and others. Access to such data and content is provided through available APIs or technology provided to that purpose by the third party. Soundfeed does not make any representation as to the services of these companies and acts as a stand alone provider.
Except for e-mailing, notifications and messaging services, and only for that purpose and for the duration needed to provide such service, no personal data belonging to you is transmitted to the third party providers in conjunction with the provision of the Platform.

By using any Platform feature that enables the access of third party data or content (statistics, links to content) you agree to the following: (i) you are of legal age and legally entitled or legal owner of such content or such content that the data refer to, (ii) you allow Soundfeed to collect data or content and display it, or statistics derived thereupon, on your behalf. Any data collected and displayed by Soundfeed on oyur behalf will be referenced to as Your Data.

You control the data access to your data and content
The Plafrom is a transactional business service. In that respect, all data and content is destined to be shared with other users of the Platform in a professional or business purpose. Nevertheless, the platform provides You with several features that enable limited access to Your Data, as described bellow:

All tracks included in Your Data may be set as “published” or “unpublished”. A “published” track, along with its public statistics (as described below) shall be displayed publicly for any Platform user to see.
Any “unpublished” track will be visible only to you or users that you share (positive action) it with. “unpublished tracks” will not be displayed in public trending pages, charts (even if they normally are present in the charts), search actions by other users and not even in Your profile (when another user looks at Your profile). Nevertheless, if you share a track with another user, they will be able to share it further, much in a way in which the content of an email or text message is available to be disseminated by your initial recipient.
Any statistics available in connection to a track is either public or private.{' '}
Public statistics are displayed in connection with any “published track”. If you don’t want the statistics to be available publicly, you should keep the track “unpublished”. Public statistics are calculated by Soundfeed, using simple mathematical calculations, from public data, gathered upon your instructions, from public APIs provided by several third parties. We call this public API data. The public data that we use to calculate the public statistics displayed in Soundfeed is data that any user of the third party services that we connect to, may access freely. All public statistics visible in the Platform are calculated by Soundfeed, and not provided as public API data by the third party services.
Any user of the third party services may access publicly the public data and perform its own calculations to obtain the same or similar statistics to Soundfeed public statistics.
By marking a track as “published”, you (i) confirm that you are the legal owner of the track or entitled legally to do so, and (ii) instruct Soundfeed to calculate statistics based on the public API data and (iii) instruct Soundfeed to display such data as public statistics.
Private statistics are displayed in connection with a “published” or an “unpublished” track. Just as public statistics, private statistics are calculated by Soundfeed from data gathered from third parties. Contrary to the public statistics, private statistics are calculated based on private access (authorized) API data provided by the third parties. Private statistics or data are only accessible to You. Any other user of the Platform can ask for access to the private statistics. You control in every circumstance the persons that have access to the private statistics. Even if you share an “unpublished” track, which is further shared by the recipient with other users, the private statistics section si not visible to the recipient or the following recipients unless You give specific access.{' '}
Access to and display of data or resulting statistics is for one year from collection of each data point. At any time you can delete a track. All historic (one year) data will be deleted immediately, permanently and no further collection will be processed. This is irreversible in the way that any new addition of a track that was previously deleted will not display previous historic data.

Youtube data
Soundfeed is using Youtube API services in compliance with the API Services - Developer Policies and Guidelines. By instructing Soundfeed to collect data from Youtube's API you confirm Your agreement with Youtube Terms of Service ( https://www.youtube.com/t/terms ) and Google Privacy Policy ( http://www.google.com/policies/privacy ).

We collect from Youtube the following public API data: song name, thumbnail, track link, number of current total plays. From time to time we revisit and if a track link is no longer valid, we will delete the track entry. Daily at exact 24 hour intervals, we collect the number of total plays. We perform basic mathematical calculations based on the previous days total play count to determine the following: plays in the last 24 hours, plays in the last seven days, plays in the last 30 days, plays in the last calendar month, percentage variation of daily, weekly, monthly plays compared to the previous day, week, month. We display the results as public statistics associated to the track - either “published” or “unpublished” as per Your instructions - wither in the form of graphs or values. Based on the public statistics generated, we also compile lists of tracks in your profile (“published” or “unpublished” tracks) or in the Trending section (in the case of “published tracks”). Additionally, we collect from Youtube any Youtube chart position and country applicable to that chart position and display it in the Charts section (only for “published” tracks).

Access to and display of data or resulting statistics is for one year from collection of each data point. At any time you can delete a track. All historic (one year) data will be deleted immediately, permanently and no further collection will be processed. This is irreversible in the way that any new addition of a track that was previously deleted will not display previous historic data.

We do not access or use Youtube API Client Authorized Data. For more information of API Client Authorized Data or to check the status, provide or revoke permissions to Youtube API Client Authorized Data, please visit this link{' '} https://security.google.com/settings/security/permissions .

1.General conditions. Updating the Terms

1.1 In order to access certain functionalities of the Platform, you must create a user account. Prior to becoming a user of the Platform you must consent to these Terms.

1.2 By creating an account in the Platform you declare that:

you are above [18] years old;
you provided valid and true identification data (name, surname, e-mail address, phone number, your position within your organization);
you understand that we may change, limit, suspend or eliminate any feature of the Platform;
you declare that you are a professional activating in the music business industry;
you will use the services provided by the Platform in a fair manner, only for the purposes for which the Platform was designed and in accordance with the applicable laws.

1.3 In the event that you are to become a paying user, we will provide you with relevant information regarding the price as well as cancellation options, before completing the payment for your purchase. Any purchase will be effective upon processing the payment.

1.4 Each time you interact with the Platform (e.g. when you play certain recordings available in the Platform), you understand that your network operator will charge you in accordance with your usual data rates.

1.5 We will try to maintain our services available 24/7, but we cannot guarantee that the Platform function uninterrupted. If you encounter problems regarding Platform`s availability or functionality please refer to early@soundfeedapp.com.

1.6 From time to time we may update these Terms for validity purposes such as, but not limited to improving the legal clauses and conditions, Platforms’ functions or features, under the hood adjustments. Each update will be the subject of a notification sent to you, in advance, by e-mail and/or by our mobile application. Continuing to use the Platform after you received the notification regarding the updates will represent your consent concerning the updated Terms.

1.7 We will not be liable to you for any damages (including but not limited to loss of profits or business opportunity, indirect damages) incurred in connection with use or inability to use the Platform.{' '}

2. Account types. Pricing and subscriptions

2.1 There are five types of User account in Platform:

“Artist”.Users with Artist accounts (“Artist Users”), which are available [free of charge], have access to the features detailed in Appendix 1 (“Artist Users Features”). When a new Artist User signs up, they will need to confirm their identity following these steps: […] (the confirmation is also a subject of the Privacy Policy). The Platform is available only to persons aged […] or older. In the event you are under […] years old, your account must be approved by your parent or tutor;
“Label”. Users with Label accounts (“Label Users”), which are available, depending on the number of licenses, on an ongoing subscription (see “Payment and subscriptions”), have access to the features detailed in Appendix 2 (“Label Users Features”). When a new Label User signs up, they will need to confirm their identity following these steps: […] (the confirmation is also a subject of the Privacy Policy);
“Blog”. Users with Blog accounts (“Blog Users”), which are available [free of charge], have access to the features detailed in Appendix 3 (“Blog Users Features”). When a new Blog User signs up, they will need to confirm their identity following these steps: […];
“DJ”. Users with DJ accounts (“DJ Users”), which are available [free of charge], have access to the features detailed in Appendix 4 (“DJ Users Features”). When a new DJ User signs up, they will need to confirm their identity following these steps: […];
“Broadcaster”. Users with Broadcasters accounts (“Broadcasters Users”), which are available [free of charge], have access to the features detailed in Appendix 5 (“Broadcaster Users Features”). When a new Broadcaster User signs up, they will need to confirm their identity following these steps: […].

2.2 In order to have access to the Platform you may require compatible devices (PC, laptops or mobile devices), internet access and certain softwares (such as web browsers). Please note that, for example, internet access, fees may be applied from your internet service provider.

2.3 We will reserve the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account.

2.4 The Account owner is responsible to use our Platform only for the purposes permitted by this Agreement, and only to the extent permitted by any applicable law or generally accepted practice in the applicable jurisdiction.

In order to create your Account, you must provide us with a valid e-mail address and to choose your password. In order to be as close as possible to a secure password, the password length must be minimum 8 characters and you must use a combination of alphanumeric characters, punctuation and special characters (A-Z, a-z, 0-9 and @#$%^&!?)

2.6 You will be the only one responsible for maintaining the confidentiality and security of your credentials, and you agree to immediately notify us of any security breach of your Account. We will not be made responsible for any losses derived from unauthorized use of your Account resulting from you not following these rules. Consquently, please do not share your account credentials with third parties.

3. Consumer Protection

3.1 A consumer, in accordance with the Consumer Protection Law, means an individual acting for purposes which are wholly or mainly outside that individuals’ trade, business, craft or profession. If you are a sole licensor using the Platform mainly for your licenses, you will not have the consumers’ rights set out in these terms.

3.2 Where you are a consumer and have purchased an Artist User, you normally have the right to cancel this Agreement within 14 days after the date you subscribe.

4. “Payments problems”

4.1 THIS IS NOT CURRENTLY APPLICABLE!!! If we are unable to collect payment – for example, but not limited to, rejected credit card transaction – the Account or Accounts in question will be suspended (“Blocked”) until the payment will be processed. In the event of Blocked Account or Accounts, your content will continue to be available on the Platform, but you will no longer be able to […].

5. Using the Platform

5.1 By using our Platform, as:

an Artist, you will be able to upload your content in a branded, customized storefront online where it’s available for other users, such as Labels, to license your content in specific territories around the world;
a Label, you will be able to upload your content/portfolio in a branded, customized storefront online where it’s available for other users, such as Labels, to license your content in specific territories around the world;
a Blog, you will be able to have access to specific content, depending on your territory, in order to listen or review it before the official release date;
a DJ, you will be able to have access to specific content, depending on your territory, in order to listen, promote or license the new releases;
a Broadcaster, you will be able to have access to specific content, depending on your territory, in order to listen, promote or license the new releases.

5.2 Besides the main feature/scope of the Platform, respectively the scope of content licensing, each type of user will have access in one place to a lot of aggregated statistics regarding the numbers of views, plays and the engagement on all over the internet platforms, such as, but not limited to YouTube, Shazam, SoundCloud, Instagram, Facebook.

6. Publish your content

6.1 Depnding on your type of user, you may be able to upload/post Links, music, graphics, images, sounds, video and any other material in the Platform and made them available to other users (“User Content”). You acknowledge that all the User Content, whether is published/posted/uploaded publicly or privately on the Platform is your sole responsibility. By using the Platform, you understand that you are the only one that it’s controlling your User Content.

6.2 The Platform may include links, materials from third parties and/or hyperlinks, tags, from to other websites, resources or content (“Third Party Materials”). We do not have control over this kind of third party websites and/or materials. We are not responsible for the availability of such websites and we do not endorse or warrant the accuracy of any such websites, and shall in no way be liable or responsible for them. We recommend to consult the applicable terms and conditions (if any) for the Third Party Materials before accesing them.{' '}

6.3 By uploading/posting your User Content in the Platform you:

declare you have all the rights and authorizations to use and upload the User Content in the Platform and that using the User Content does not infringe the rights of third parties;
declare that the User Content does not infringe the good morals and is not, in any way, xenophobic or discriminatory in relation with other people and/or group of people;
must select the appropriate status of the recording (published, unpublished, released, unreleased);
declare that you comply with any applicable terms of use imposed by Youtube, in case you upload Youtube recordings.

7. Content License

7.1 By uploading/posting your content on our Platform (publicly or for other types of users with whom you consent to share such Content) you grant SoundFeed a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content for the purpose for which the Platform was created.

7.2 Also, you will guarantee that your User Content will not infringe or violate the rights of any other third party or violate the laws regarding the authors rights and neighboring rights. Uploading/posting your Content in the Platform represent that you are the owner of such Content and/or you have all necessary rights to do so.

7.3 We will not be liable in case the User Content is not available due to certain actions/inactions or restrictions imposed by Youtube.

8. Intellectual Property

8.1 SounFeed own all the legal rights of the Platform, including but not limited to graphics, images, user interface, trademarks, logos, source code, data bases, and any other part or software provided to you as a part of and/or in connection with the Platform, including any intellectual property rights that exist herein, registered or not, in each territory. You agree and declare that you will use the Platform only in accordance with the Terms and only for the scope of it.

8.2 Is fully prohibited and you may infringe the intellectual property rights of others and also you may be subject to possible penalties if you use the Platform in other purposes except the one permitted by the Terms.

9. Using the chat. Sharing your User Content

9.1 You can communicate with other users by using the chat function. If you want to promote certain User Content, you can share it to other users by using the same chat. In case you wish to impose certain sharing restrictions for your User Content, it is advisable to instruct other users who receive your User Content in this regard (e.g. if your recording is private/unlisted).

9.2 When communicating with other users you should have a proper conduct that is not offensive to other and does not infringe the rights of others.

10. Applicable law. Resolving disputes

10.1 These terms are governed by Romanian law.

10.2 Any disputes arised from or in connection with these Terms and/or the use of the Platform by you shall be settled amicably. In case the dispute is not settled in reasonable time, Romanian courts shall have full jurisdiction on the case.

11. Data protection

11.1 In order to provide you the services in connection with the Platform we will have to collect and process your personal data. For more details regarding these aspects please consult our{' '} Privacy Policy.

Privacy and Policy

The website located at{' '} https://app.soundfeedapp.com/ {' '} and soundfeed app (hereinafter collectively referred to as the “Platform”) is operated by Soundfeed SRL (“Soundfeed” /{' '} “Controller” / “we” / “us”) a Romanian company registered at 224 Calea Victoriei, flat 48, 010099 District 1, Bucharest, ROMANIA, acting as data controller in compliance with EU General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter referred to as the{' '} “GDPR”).

This privacy policy informs you about what personal data we collect and for what purposes, what are the legal grounds of the processing, who has access to personal data, where we store your information and for how long and what are your rights granted by the GDPR in respect to your personal data.

All tracks included in Your Data may be set as “published” or “unpublished”. A “published” track, along with its public statistics (as described below) shall be displayed publicly for any Platform user to see.
Any “unpublished” track will be visible only to you or users that you share (positive action) it with. “unpublished tracks” will not be displayed in public trending pages, charts (even if they normally are present in the charts), search actions by other users and not even in Your profile (when another user looks at Your profile). Nevertheless, if you share a track with another user, they will be able to share it further, much in a way in which the content of an email or text message is available to be disseminated by your initial recipient.
Any statistics available in connection to a track is either public or private.
Public statistics are displayed in connection with any “published track”. If you don’t want the statistics to be available publicly, you should keep the track “unpublished”. Public statistics are calculated by Soundfeed, using simple mathematical calculations, from public data, gathered upon your instructions, from public APIs provided by several third parties. We call this public API data. The public data that we use to calculate the public statistics displayed in Soundfeed is data that any user of the third party services that we connect to, may access freely. All public statistics visible in the Platform are calculated by Soundfeed, and not provided as public API data by the third party services.
Any user of the third party services may access publicly the public data and perform its own calculations to obtain the same or similar statistics to Soundfeed public statistics.
By marking a track as “published”, you (i) confirm that you are the legal owner of the track or entitled legally to do so, and (ii) instruct Soundfeed to calculate statistics based on the public API data and (iii) instruct Soundfeed to display such data as public statistics.
Private statistics are displayed in connection with a “published” or an “unpublished” track. Just as public statistics, private statistics are calculated by Soundfeed from data gathered from third parties. Contrary to the public statistics, private statistics are calculated based on private access (authorized) API data provided by the third parties. Private statistics or data are only accessible to You. Any other user of the Platform can ask for access to the private statistics. You control in every circumstance the persons that have access to the private statistics. Even if you share an “unpublished” track, which is further shared by the recipient with other users, the private statistics section si not visible to the recipient or the following recipients unless You give specific access.
Access to and display of data or resulting statistics is for one year from collection of each data point. At any time you can delete a track. All historic (one year) data will be deleted immediately, permanently and no further collection will be processed. This is irreversible in the way that any new addition of a track that was previously deleted will not display previous historic data.

Youtube API data
Soundfeed is using Youtube API services in compliance with the API Services - Developer Policies and Guidelines. By instructing Soundfeed to collect data from Youtube’s API you confirm Your agreement with Youtube Terms of Service ( https://www.youtube.com/t/terms ) and Google Privacy Policy ( http://www.google.com/policies/privacy ).

What data we collect and process

In addition we use cookies and other similar technologies (e.g. […]) whereby we process the following information:

IP address
type of the used device
operating system and web browser
ata regarding user`s interaction with the Platform (time spent on the Platform, frequency of access, data regarding preferences that are not directly provided by you, data regarding uploaded contet)
previous internet page accessed (in case of the web Platform)
time of the access.

Besides personal data regarding you (the user of the Platform) we may process data provided by you regarding other data subjects (e.g. performing artists, copyright holders, authors of the works incorporated in the recordings etc.). Since there is no practical way for us to inform these persons, we kindly ask you to inform them about the details of processing since, on this part, you act as a data controller under GDPR.

Why we collect and process personal data

The main purpose for which we will collect and process above mentioned personal data is to perform the agreement concluded by you (in your user capacity) with Soundfeed and to ensure the functionalities of the Platform.
More specifically, we will process personal data in order to fulfill the following purposes:

fulfilling formalities regarding creating the account and identifying the account owner;
sending communication to other users, including via Platform`s chat and e-mail;
importing data regarding the recordings from Youtube (including copyright credits);
uploading videos and documents in the Platform;
implementing customizations chosen by the user;
managing contacts` database created by the user;
developing statistics and analytics for Platform`s usage;
settling and solving claims and requests submitted by the users;
marketing;
developing and optimizing the functionalities of the Platform;
ensuring the security of personal data;
fulfilling formalities for updating personal data;

For purposes (a) – (d), we will process personal data for contract performance (with regard to user`s data) and our legitimate interest to perform the agreements with our users (with regard to data of other natural persons such as data of the authors contained in the credit list).

For purposes (e) – (f), data is processed pursuant your consent which can be retrieved at any time (by giving up customization, deleting your database or unsubscribing to our marketing e-mails) without affecting the lawfulness of the processing based on consent before its withdrawal.

For purposes (g) – (j), we process personal data based on our legitimate interest to conduct and promote our business regarding the Platform.

For purposes (k) – (l), processing of personal data is performed in order to comply with GDPR requirements.

Managing your database

As a user, you can create and manage a database of contacts of other partners. You can enter contacts in your list by manually inserting them via add contact button or by importing them from any spreadsheet format.

Please take note that all information inserted in your contact list is personal data and by creating the database of your contacts you declare that you have informed all natural persons whose data are stored there and that you got their consent in this respect.

Who has access to your data

As a general rule, we do not share your personal data with third parties. However, there are some instances where some of our contractual partners (e-mail service providers used by the users) and processors (e.g. IT service providers, providers of analytics services etc.) help us perform the services provided by the Platform.

Since our Platform is designed expressly for video sharing, your contact details will be available for other users of the Platform.

Moreover, every time you use the chat service of the Platform, data contained in the conversation will be transferred to the e-mail service providers used by you and your partner.

!!! Take note that some of the data sharing can be controlled only by you. In this respect, please read the relevant section from our T&C regarding public/private/unlisted modes of the videos uploaded in the Platform. Moreover, it will be up to you with whom you share certain information in the chat section.{' '}

Data retention

We will process and store personal data in accordance with our internal policies and the legal framework applicable to personal data. Following retention terms will be applicable:

data collected via cookies and tracking technologies: 1 year (unless deleted earlier by the user)
data processed in the context of account usage: 3 years from account deletion
data generated by the log records of the Platform: 1 year
data derived from the chat usage: 1 year

All personal data will be stored on servers located in Romania.

Cookies and other tracking technologies. Profiling activities.

We use cookies and other tracking technologies for statistical and analytics purposes. For more details in this regard, please go visit our cookie policy available here.

Links with other websites

The Platform may display links for other websites which are not owned by Soundfeed. For example, each time you play a Youtube video uploaded in the Platform, Youtube will receive certain information about you . We recommend you read the applicable terms and conditions as well as the privacy policy of these respective websites as they too act as independent data controllers.
Soundfeed is using Youtube API services in compliance with the API Services - Developer Policies and Guidelines.
Instructing Soundfeed to collect data from Youtube’s API You confirm Your agreement with Youtube Terms of Service ( https://www.youtube.com/t/terms ) and Google Privacy Policy ( http://www.google.com/policies/privacy )

What are your rights under GDPR

Under GDPR you can exercise the following rights:

access the Personal data we hold about you. Following submission of such a request, we shall provide you with all your Personal data collected.
rectify (update) your personal data if it becomes inaccurate or incomplete. Note that you should update us if there are any changes or inaccuracies in your personal data.
erase your personal data if:
- your personal data has been processed unlawfully by us; or
- your personal data is no longer necessary for the purposes for which it was collected by us; or
- legislations requirements to keep the data for an allocated period of time has elapsed; or
- the relevant account/s are not under any risk or fraud investigation; or
- you object to processing and there is no overriding legitimate interest for continuing to process your personal data; or
- you withdraw your consent priory given in this sense.
restrict processing of your personal data if:
- you have a claim regarding the accuracy of the personal data held by us (for a period enabling us to verify the accuracy of the personal data);
- we process your data unlawfully; or
- we no longer need your personal data but you would like us to retain it to ensure its continued availability to you in connection with any legal claims.
object to our processing of your personal data, including when the processing takes place in line with our legitimate business interests as set out above. In this case we will stop processing your personal data unless we can show that our legitimate grounds for processing of your personal data overrides your interests or where we need to process the data to establish, exercise or defend legal claims.
request that your personal data to be provided to you in a machine readable portable format, under the right of portability. This right only applies:
- to personal data you have provided to us;
- where the processing is based on your consent or for the performance of a contract; and
- when processing is carried out by automated means.
lodge a complaint with the Data Protection Authority (the National Supervisory Authority For Personal Data Processing – for further details please check{' '} www.dataprotection.ro ).

You can submit your request by using the following contact details: early@soundfeedapp.com.

!!! Please take not that exercising one of the rights does not automatically grant you the request. We will analyze your request taking in consideration the requirements of the GDPR and we will solve your request accordingly. For example, we will refuse to grant your erasure request of all your personal data as long as your user account is still active.