Terms of Service

Effective date: January 1st, 2025

Summary

Acceptance of Terms.

Modification of Terms of Use.

Company reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an e-mail. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Notwithstanding the preceding sentences of this section, no modifications to these Terms of Use will apply to any dispute between you and Company that arose prior to the date of such modification.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. The Service (including, without limitation, any Content) is provided only for your own personal use, and for artists to share their music. For purposes of these Terms of Use, the term "Content" includes, without limitation, any music, playlists, written comments, information, data, text, and interactive features generated, provided, or otherwise made accessible by Company or its users on or through the Service.

Personal Information.

As a condition to using certain features of the Service (including, without limitation, the free download feature, or making a purchase from Company or an Artist Entity), you may be required to provide certain personal information to Company or relevant Artist Entity, such as your e-mail address, country of residence and zip/postal code ("User Information").

You may register with the Company as a Listener or Artist and create a user account, which will allow you to access features of the Service, create a profile page, and follow other users. Any information you provide for your profile page will be available to other users of the Service by default, subject to our Privacy Policy.

When any user deletes their account, their personal information is deleted from our servers immediately.

Analytics and Third-Party Services

Company collects and processes analytics data including listening behavior, geographic location at the region level, device information, IP addresses, and platform interaction patterns for service improvement and artist analytics. Company utilizes Google Analytics for usage analysis and performance monitoring. Users may opt out of analytics tracking by deleting their account.

Company integrates with third-party services including Trolley for payment processing and identity verification, Amazon Web Services for infrastructure, and other service providers necessary for platform operations. Data may be shared with these providers solely for service delivery purposes.

Registration.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name ("User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user's account without such other user's express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Listening Rooms and Social Features

The Service provides social listening features including real-time listening rooms ("Listening Rooms") where users may participate in synchronized music listening sessions. Listening Rooms may be configured as public or password-protected private sessions. Room creators have administrative controls including the ability to mute or remove disruptive participants.

Communication within Listening Rooms is ephemeral and chat history is automatically deleted upon session termination. Users may block other users platform-wide for persistent unwanted contact. Company reserves the right to monitor and moderate Listening Room activities for Terms of Service compliance.

Payments and Revenue.

Music Availability

Music streaming availability cannot be guaranteed perpetually. If we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific Content, then U.S. law may require us to remove that Content from the Service. This means that certain music may become unavailable through the streaming service. Company reserves the right to remove or restrict access to any content on the Service at any time for legal or technical reasons.

Subscription and Revenue Sharing

Company operates on a "computational mutualism" revenue distribution model whereby approx 60% of subscription revenue is distributed to verified artists based on subscriber listening patterns, with the remaining revenue retained by Company for platform operation. Revenue distribution is calculated based on listening time from verified subscribers to each artist and their collaborators during the billing cycle. Only verified subscriber listening activity contributes to artist revenue calculations.

Company shall distribute a share of subscription revenue to artists based on their share of total streams on the platform. YouSound may withhold any taxes, duties, charges or levies on payments as required by applicable law, rule or regulation. YouSound shall remit any such withheld amounts to the appropriate tax authority, if required.

Artist Verification and Payout Requirements

Artists who generate ten dollars ($10.00) or more in platform revenue are required to complete identity verification through Trolley's Know Your Customer (KYC) process. A one-time verification fee of three dollars ($3.00) shall be deducted from the artist's first payout to cover third-party verification costs. Artists must provide government-issued identification and any additional documentation required by our payment processor for identity verification purposes.

This identity verification process serves multiple purposes: (i) compliance with financial regulations for payment processing; (ii) establishing legal accountability for uploaded content and copyright compliance; and (iii) providing a verified identity trail for potential legal processes related to intellectual property disputes. By completing verification, artists consent to the disclosure of their verified identity information in response to valid legal requests related to content they have uploaded to the platform.

Payouts to verified artists occur monthly on the first (1st) day of each month for accounts with accrued earnings of at least five U.S. dollars ($5.00). Balances below this threshold will roll over to the next payout cycle until the minimum amount is met. A service fee of two dollars ($2.00) will be deducted from each processed payout to cover payment processing and administrative costs. Artists who fail verification may have their accounts converted to listener accounts. Artists have multiple retry attempts for verification with mandatory waiting periods between attempts. Artists are solely responsible for all tax obligations related to platform earnings.

Royalty Reporting and Transparency

Royalty data is provided in real-time through your Artist Dashboard and analytics section. Artists can view daily metrics reflecting both pending and completed royalty periods. Company does not issue separate monthly royalty statements; the data available in your dashboard represents the same data used to calculate payouts. Due to this real-time transparency, formal audit requests are not necessary or supported unless required by law or court order.

Chargebacks and Payment Disputes

In the event of a chargeback or payment dispute initiated by a subscriber, Company will initially absorb the chargeback costs. However, Company reserves the right to implement software systems that may recollect the equivalent amount of chargeback-related payouts from artists proportionally, based on their share of affected transactions, to ensure equitable cost distribution. Recollection will occur only in cases of persistent or excessive chargebacks and will be communicated transparently in advance.

Music Content.

Technical Upload Requirements

All audio content uploaded to the Service must comply with the following mandatory technical specifications: (i) Audio files must be in MP3 format exclusively; (ii) Bitrate between one hundred twenty-eight kilobits per second (128 kbps) and three hundred twenty kilobits per second (320 kbps); (iii) Sample rate of 22.05kHz, 44.1kHz, or 48kHz; (iv) Mono or stereo channels only; (v) Duration between one (1) second and two (2) hours for standard tracks, or four (4) hours for DJ mixes; (vi) Maximum file size of two hundred megabytes (200MB); and (vii) Album artwork in JPEG or PNG format, minimum 640x640 pixels, maximum five megabytes (5MB), square aspect ratio required.

Explicit Content Labeling

Artists are required to accurately label content as "explicit" during the upload process if it contains strong language, sexual references, violence, or other adult themes. This labeling ensures compliance with content distribution requirements and app store guidelines. Failure to properly label explicit content may result in restricted availability, content removal, or account suspension. Company reserves the right to reclassify content and update explicit labeling at its sole discretion.

The Service provides Artists with the ability to upload Digital Content owned or controlled by such Artists to the Site, including but not limited to sound recordings ("Sound Recordings"), videos synchronized with Sound Recordings and other audiovisual works (collectively, "Music Videos"), and the musical works embodied within Sound Recordings and Music Videos ("Musical Works" and, collectively with Sound Recordings and Music Videos, the Artist's "Music"). Company will not have any ownership rights in any elements of an Artist's Music, however, Company needs the following license to perform the Service. Each Artist uploading Music to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to:

• (i) reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivative works of, communicate to the public, synchronize and otherwise exploit (collectively, "Exploit") (1) the Artist's Music and perform the Service on the Artist's behalf (e.g., reproduce, transcode, copy and store the Artist's Music on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist's Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text ("Artworks") in connection with the Service);
• (ii) allow users of the Service to receive public performances and public displays of the Artist's Music and Artworks and to reproduce the Artist's Music and Artworks on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and
• (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.

To enable company to exploit your content, music, products, graphics, and any user uploaded and submitted content, pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.

Marketing and Promotional Rights

By uploading content to the Service, you grant Company a perpetual, worldwide, royalty-free, and sublicensable license to use your name, artist identity, likeness, profile image, biography, and uploaded content (in full or in part) for marketing, advertising, social media campaigns, promotional materials, editorial content, and partner features. This includes promotion on third-party platforms such as Spotify, YouTube, Instagram, and TikTok, and may include placements in newsletters, recommendation engines, or playlists curated by Company. There is no opt-out available for this promotional usage. If you do not wish for your content or identity to be featured in platform promotions, you should not upload content to the Service.

By uploading any content the Site:

• Artists represent and warrant, and can demonstrate to Company's full satisfaction upon request, that (i) you own or otherwise control all rights to your Music and Artworks (or that such Music and Artworks are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist's Music or Artworks as set forth in this Agreement (hereinafter "Direct Licensed"); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Music you upload to the Service and to the Artworks; (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Music and/or Artworks, and to use such individual's identifying or personal information (to the extent such information is used or contained in the Music and/or Artworks) as contemplated by these Terms of Use, and (iv) you are authorized to grant all of the aforementioned rights to the Music and/or Artworks to Company and all users of the Service.
• you acknowledge that Company may request documentation proving ownership or licensing of uploaded content, including but not limited to signed agreements, certificates of registration, or other legal documentation. Failure to provide satisfactory proof of rights ownership within seven (7) days of request may result in immediate content removal and potential account restrictions.
• you understand and agree that completion of Trolley identity verification establishes your legal identity for purposes of copyright accountability and that your verified identity information may be disclosed to rights holders, law enforcement, or courts in connection with copyright infringement proceedings. This verification system ensures that copyright responsibility for uploaded content is properly attributed to the verified artist rather than the platform.
• you represent and warrant that the use or other exploitation of your Music and/or Artworks by Company and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• you represent and warrant that, to the extent you are the songwriter of any or all of the Musical Works embodied in your Sound Recordings or Music Videos, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization ("PRO"), whether based in the United States (e.g., ASCAP, BMI or SESAC) or elsewhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to Company for the public performances and communications to the public of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Musical Works.
• you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement.
• If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.

DJ Mix Content and Revenue Distribution

DJ users may create and upload mixes using content available on the Service ("DJ Mixes"). Revenue generated from DJ Mix streams shall be distributed among the featured artists and the DJ creator according to Company's revenue distribution algorithm. Artists may opt-out of DJ promotional features for their tracks at their sole discretion. DJ users represent and warrant that they possess all necessary rights to create derivative works from the featured content.

Copyright Infringement Prevention

Company reserves the right to implement automated content identification systems to detect potential copyright infringement. Users acknowledge that uploaded content may be subject to digital fingerprinting and comparison against databases of copyrighted works. Company may immediately remove content flagged by such systems pending verification of rights ownership.

Repeat copyright infringers will have their accounts terminated. Company maintains a three-strike policy whereby users receiving three valid DMCA takedown notices within a twelve-month period may face permanent account suspension. Company may, at its sole discretion, terminate accounts with fewer violations for egregious infringement patterns.

Identity Verification and Legal Accountability

All artists earning revenue on the platform are required to complete identity verification through Trolley, which establishes a verified legal identity for copyright accountability purposes. By completing Trolley identity verification, artists acknowledge that their verified contact information and legal identity may be disclosed in response to valid legal processes, including but not limited to court orders, subpoenas, and formal legal requests related to copyright infringement claims that exceed the scope of DMCA safe harbor protections.

Company has implemented comprehensive verification and content protection systems to create a fair, legally compliant platform. Where artists circumvent these protections or engage in copyright infringement, the verified identity information obtained through Trolley ensures legal accountability rests with the individual artist, not the platform. This identity verification system serves as a legal safeguard that enables proper attribution of responsibility for uploaded content and facilitates legitimate legal processes related to intellectual property disputes.

Intellectual Property Rights.

The Service provides Users with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, videos (including Music Videos), audio clips (including Music), written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:

• acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
• by Submitting any User Submissions through the Site or the Service, you hereby grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), communicate to the public, synchronize and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites), whether now known or hereafter developed. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce (on any and all devices owned or controlled by the user), distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
• represent and warrant, and can demonstrate to Company's full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain or Direct Licensed, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
• you agree to pay all royalties and other amounts owed to any person or entity, including any PROs, due to your Submission of any User Submissions to the Service;
• that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
• understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

DMCA Notice and Takedown Procedure.

YouSound supports the protection of intellectual property and asks all YouSound users to do the same. It's our policy to respond to all notices of alleged copyright infringement within ten (10) business days. If someone believes that one of our Verified Users is infringing their intellectual property rights, they can send a DMCA Notice to YouSound's designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the Verified User can reply with a counter notification using our form if they object to the complaint. The original complainant has fourteen (14) business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Users with excessive takedown notices may face account restrictions. For more information, see our DMCA Copyright Policy.

Proactive Copyright Protection

Company employs both automated and manual review processes to identify potentially infringing content. Company reserves the right to: (i) remove content that appears to infringe copyrights without prior notice; (ii) require verification of rights ownership before content activation; (iii) maintain databases of known infringing content to prevent re-upload; and (iv) cooperate with rights holders and industry organizations in anti-piracy efforts.

Artists uploading covers, remixes, or derivative works must obtain and maintain all necessary mechanical licenses, synchronization licenses, and other permissions. Company is not responsible for securing such licenses on behalf of users.

Cover Songs and Mechanical Licenses

Artists are solely responsible for securing all required mechanical licenses for cover songs uploaded to the platform. Company does not license or clear third-party copyrighted works on behalf of artists. Uploading cover songs without proper licensing may result in content removal and account suspension. For licensing assistance, artists may use services such as the Harry Fox Agency, Easy Song Licensing, or music distribution services that provide cover song licensing where applicable.

Content Appeals Process

If your content is removed due to a copyright claim, you may submit a counter-notification through our DMCA process. Full details on how to file a takedown notice or counter-notice are available in our Copyright Policy. Company complies with all Digital Millennium Copyright Act requirements for content disputes.

Use of Devices and Services.

Access to the YouSound Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the YouSound Services.

User Content.

YouSound allows users to distribute streaming live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the YouSound Services ("User Content").

Licenses to YouSound.

• (i) Unless otherwise agreed to in a written agreement between you and YouSound that was signed by an authorized representative of YouSound, if you submit, transmit, display, perform, post or store User Content using the YouSound Services, you grant YouSound and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the YouSound Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content.
• (ii) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the YouSound Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the YouSound Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) YouSound used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.

User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. By uploading and publishing your User Content, you represent, and warrant that:

• (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein;
• (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person;
• (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or content or any confidential information of YouSound or third parties. YouSound reserves all rights and remedies against any users who breach these representations and warranties.

Content is Uploaded at Your Own Risk

YouSound uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, YouSound does not guarantee and is not liable for any unauthorized copying, use or distribution of User Content. You hereby release and forever waive any claims you may have against YouSound for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT CREATOR CONTENT USED BY YouSound HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

Prohibited Conduct.

BY USING THE YouSound SERVICES, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the YouSound Services. You agree that you will comply with these Terms of Service and YouSound's Community Guidelines and will not:

• create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
• impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the YouSound Services accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the YouSound Services, or perform any other similar fraudulent activity;
• make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the YouSound Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
• harvest or collect the email addresses or other contact information of other users from the YouSound Services;
• defame, harass, abuse, threaten or defraud users of the YouSound Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the YouSound Services or User Content, features that prevent or restrict use or copying of any content accessible through the YouSound Services, features that enforce limitations on the use of the YouSound Services or User Content, or delete the copyright or other proprietary rights notices on the YouSound Services or User Content;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the YouSound Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
• modify, adapt, translate or create derivative works based upon the YouSound Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• interfere with or damage operation of the YouSound Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
• relay email from a third party's mail servers without the permission of that third party;
• access any website, server, software application, or other computer resource owned, used and/or licensed by YouSound, including but not limited to the YouSound Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures YouSound may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed YouSound, including but not limited to the YouSound Services;
• manipulate identifiers in order to disguise the origin of any User Content transmitted through the YouSound Services;
• interfere with or disrupt the YouSound Services or servers or networks connected to the YouSound Services, or disobey any requirements, procedures, policies or regulations of networks connected to the YouSound Services; use the YouSound Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the YouSound Services, or that could damage, disable, overburden or impair the functioning of the YouSound Services in any manner;
• use or attempt to use another user's account without authorization from that user and YouSound;
• attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the YouSound Services that you are not authorized to access;
• attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
• use the YouSound Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

YouSound takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is YouSound liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the YouSound Services. Your use of the YouSound Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the YouSound Services will not contain any content that is prohibited by such rules.

YouSound is not liable for any statements or representations included in User Content. YouSound does not endorse any User Content, opinion, recommendation, or advice expressed therein, and YouSound expressly disclaims any and all liability in connection with User Content. Although YouSound has no obligation to screen, edit, or monitor any of the User Content, YouSound reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the YouSound Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the YouSound Services at your sole cost and expense. Any use of the YouSound Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the YouSound Services.

Trademarks

YouSound, the YouSound logos, and any other product or service name, logo, or slogan used by YouSound, and the look and feel of the YouSound Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of YouSound, and may not be used in whole or in part in connection with any product or service that is not YouSound's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits YouSound, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that YouSound may provide you from time to time. All other trademarks referenced in the YouSound Services are the property of their respective owners. Reference on the YouSound Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

Termination.

Account Termination by Company

Company may suspend or terminate your account at any time for violation of these Terms of Use, applicable law, or rights of third parties, with or without prior notice. Termination may result in the immediate removal of all content from the platform and forfeiture of account access. Upon termination, all outstanding earnings above the five dollar ($5.00) payout threshold will be disbursed within sixty (60) days, provided that the account has completed verification and there are no pending disputes, chargebacks, or legal holds affecting the account.

Account Termination by User

Users may terminate their accounts at any time by following the instructions on the Site or contacting support@yousound.com. User-initiated termination will result in immediate and permanent deletion of all associated user data and removal of all uploaded content from the platform. Any accrued earnings above the minimum payout threshold will be processed according to the normal payout schedule. Company retains the right to archive removed content for legal, operational, or fraud prevention purposes.

Post-Termination Effects

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability. Any fees paid for subscriptions are non-refundable upon termination, except as provided in this Agreement or required by applicable law.

Content Moderation and Reporting

Users may report violations of these Terms of Use by contacting support@yousound.com. Company will review reported violations and respond within ten (10) business days. Company reserves the right to remove content, suspend accounts, or take other enforcement actions for Terms violations at its sole discretion.

Warranty Disclaimer.

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Limitation of Liability.

In no event shall Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Because Company is not the buyer or seller in any Merchandise Transaction, if a dispute arises between one or more participants in a Merchandise Transaction, then you release Company (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, then you waive California civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by Company.

Because Company is not the buyer or seller in any actual Merchandise Transaction between Verified Users and Listeners and is not the agent of either for any purpose, Company does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Merchandise Transaction. Artists are individually responsible for compliance with all consumer rights laws applicable to their Merchandise Transactions, including EU Consumer Rights Laws.

Dispute Resolution.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability.

These Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. The captions and headings in this Agreement are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of this Agreement, or of any provision of this Agreement, nor in any way affect the interpretation of this Agreement.

Platform Availability and Geographic Restrictions

The Service may not be available in all jurisdictions due to licensing restrictions or legal requirements. Company makes no representation that the Service is appropriate or available for use in all locations. Users accessing the Service from jurisdictions where such access is prohibited do so at their own risk and are responsible for compliance with local laws.

Contact.

You may contact company at the following address: support@yousound.com. Company endeavors to respond to inquiries within one to five (1-5) business days.