Terms of Service for Soundotter

1. Introduction

Welcome to Soundotter, a music sample sharing platform accessible at https://www.soundotter.com (the “Platform”). These Terms of Service (“Terms”) govern your access to and use of the Platform, including all services, features, and content offered by Soundotter (“we”, “us”, or “our”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

Soundotter connects Artists (users who upload audio files and samples) with Users (individuals who download and use these samples). Artists may choose to gate free downloads by requiring Users to sign up to their mailing list upon their first download from that Artist. All sounds on the Platform are royalty-free and may be used in your own productions, including commercial projects of any size, subject to these Terms.

2. Definitions

• Artist: A registered user who uploads audio files or samples to the Platform.
• User: Any individual who accesses, downloads, or uses sounds from the Platform.
• Sound: Any audio file or sample uploaded by an Artist, including but not limited to music loops, beats, or sound effects.
• Content: All audio files, samples, metadata, and associated materials uploaded to or available on the Platform.
• Mailing List Sign-Up: An optional requirement set by an Artist, where a User must subscribe to the Artist’s email marketing list to access free downloads for the first time.

3. Eligibility

To use the Platform, you must be at least 13 years of age. If you are under 18, you must have the consent of a parent or legal guardian to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms.

4. Account Registration

To upload Sounds as an Artist or download Sounds as a User, you must create an account on the Platform. You agree to:

• Provide accurate, complete, and current information during registration.
• Maintain the security of your account credentials and promptly notify us of any unauthorized access.
• Be responsible for all activities conducted under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or harmful activities.

5. Artist Uploads and Mailing List Sign-Ups

5.1 Uploading Sounds

Artists may upload Sounds to the Platform for distribution to Users. By uploading a Sound, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions to upload, distribute, and grant the licenses described in these Terms.
• The Sound does not infringe on the intellectual property, privacy, or other rights of any third party.
• The Sound complies with all applicable laws and these Terms.

5.2 Mailing List Sign-Ups

Artists may choose to gate free downloads by requiring Users to sign up to their email marketing list upon the User’s first download from that Artist. If you enable this feature, you agree to:

• Comply with all applicable laws governing email marketing, including the CAN-SPAM Act and GDPR (where applicable).
• Clearly disclose to Users that their email address will be added to your mailing list.
• Provide an easy and accessible method for Users to unsubscribe from your mailing list.
• Not misuse, sell, or share User email addresses for purposes beyond your disclosed email marketing activities.

Soundotter facilitates the mailing list sign-up process but is not responsible for Artists’ compliance with email marketing laws or management of their mailing lists.

5.3 Content Moderation

We reserve the right to review, moderate, or remove any Sound or Content that violates these Terms, infringes on third-party rights, or is otherwise objectionable, at our sole discretion.

6. User Downloads and Usage Rights

6.1 Downloading Sounds

Users may download Sounds from the Platform for free. If an Artist has enabled a Mailing List Sign-Up requirement, you must subscribe to their email marketing list upon your first download from that Artist. This requirement applies only once per Artist.

6.2 Royalty-Free License

All Sounds on the Platform are provided under a royalty-free license, subject to the following terms:

• Permitted Uses: You may use Sounds in your own productions, including music tracks, videos, podcasts, or other creative projects, for personal or commercial purposes of any scale.
• Modifications: You may edit, modify, or combine Sounds with other content as part of your productions.
• Non-Transferable: The license is non-transferable; you may not resell, redistribute, or sublicense Sounds as standalone files or in sample packs.
• No Ownership: Using a Sound does not grant you ownership or exclusive rights to the Sound. Other Users may also use the same Sound.
• Attribution: Attribution to the Artist or Soundotter is not required but is appreciated where feasible.

6.3 Prohibited Uses

You may not:

• Use Sounds in a manner that infringes on any third-party rights or violates applicable laws.
• Claim ownership or exclusive rights to any Sound.
• Use Sounds in standalone form (e.g., as ringtones or sound effects without incorporation into a larger production).
• Redistribute Sounds through other platforms, marketplaces, or services.

7. Intellectual Property

7.1 Ownership

Artists retain ownership of the Sounds they upload, subject to the licenses granted to Soundotter and Users under these Terms. Soundotter owns all rights to the Platform’s design, code, branding, and other proprietary elements.

7.2 License to Soundotter

By uploading a Sound, Artists grant Soundotter a worldwide, non-exclusive, royalty-free, perpetual license to:

• Host, store, and distribute the Sound on the Platform.
• Display, promote, and make the Sound available for download by Users.
• Use the Sound in marketing materials to promote the Platform.

7.3 User-Generated Content

Any metadata, descriptions, or other content you submit to the Platform remains your property, but you grant Soundotter a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content in connection with operating and promoting the Platform.

8. User Conduct

You agree not to:

• Upload or download Content that is unlawful, defamatory, obscene, or otherwise objectionable.
• Use the Platform to distribute malware, spam, or engage in hacking or other malicious activities.
• Attempt to reverse-engineer, decompile, or otherwise interfere with the Platform’s functionality.
• Misrepresent your identity or engage in fraudulent activities.
• Violate the intellectual property or privacy rights of others.

We may suspend or terminate your access to the Platform for violations of these conduct rules, at our sole discretion.

9. Privacy

Your use of the Platform is subject to our Privacy Policy, available at https://www.soundotter.com/privacy-policy , which explains how we collect, use, and protect your personal information. By using the Platform, you consent to our data practices as described in the Privacy Policy.

10. Termination

We may suspend or terminate your account or access to the Platform at any time, with or without notice, for reasons including but not limited to:

• Violation of these Terms.
• Suspected fraudulent or illegal activity.
• Inactivity for an extended period.

You may terminate your account at any time by contacting us at support@soundotter.com . Upon termination, your right to access the Platform ceases, but any Sounds you have downloaded remain subject to the royalty-free license terms.

11. Disclaimers

The Platform is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee:

• The availability, accuracy, or reliability of the Platform or any Content.
• That Sounds are free of third-party claims or suitable for your intended use.
• Uninterrupted or error-free operation of the Platform.

You are responsible for verifying the legality and suitability of Sounds for your projects.

12. Limitation of Liability

To the maximum extent permitted by law, Soundotter, its affiliates, and their respective officers, directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

• Your use of or inability to use the Platform or any Sound.
• Any third-party claims related to Sounds you upload or download.
• Errors, interruptions, or loss of data on the Platform.

Our total liability to you for any claim under these Terms shall not exceed \$100.

13. Indemnification

You agree to indemnify, defend, and hold harmless Soundotter, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Platform or any Sound.
• Your violation of these Terms or applicable laws.
• Any Content you upload or download, including third-party claims of infringement.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in Delaware, conducted under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You agree to waive any right to a jury trial or to participate in a class action.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will notify you of material changes by posting the updated Terms on the Platform or via email. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

16. Contact Us

If you have questions or concerns about these Terms, please contact us at:

• Email: support@soundotter.com
• Website: https://www.soundotter.com