Legal Document

Website Terms of Use

Last updated: 28 July 2023

sound.com.cy is a service provided by:

Loungest Limited
Initial Business Centre, Wilson Park,
Manchester, M40 8WN, United Kingdom
Email: cyprus@sound.com.cy

hereinafter «Loungest» – sound.com.cy.

Effective as of 1 December 2020, Loungest Limited ("Loungest") and its subsidiaries (collectively, the "Loungest Group" or "we" or "us" or "our") have updated terms that apply to the use of our Websites (as herein defined). For the purposes of these Terms of Use, the term "Websites" shall refer collectively to www.sound.com.cy as well as the other websites that Loungest operates and that link to these Terms of Use.

We provide the Websites to you subject to these Terms of Use ("Terms"), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Websites, you accept and agree to be bound by these Terms and Loungest's Privacy Policy found here. If you do not agree to these Terms, you should not access or use the Websites.

These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our "Services"). The practices and policies, including how we accept new members, are detailed in and governed by our applicable Service Agreement.

1. Changes to Terms

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

2. Changes to Websites

We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

3. Registration

You may be given the opportunity to register via an online registration form or by participating in Interactive Areas (as defined below), such as forums and other community features, to create a user account ("Your Account") that may allow you to receive information from us and/or to participate in certain features on the Websites. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Websites so that it remains current, complete and accurate.

4. User Content Guidelines

4.1

The Websites may contain comments sections, discussion forums, or other interactive features ("Interactive Areas") in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 14 years or older.

4.2

By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that:

• violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• you know to be false, misleading or inaccurate;
• contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
• contains or advocates pornography or sexually explicit content, or that is otherwise obscene or lewd;
• violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts;
• advocates violent behaviour or poses a reasonable threat to personal or public safety;
• is protected by copyright, trademark, trade secret, or other proprietary right without the express permission of the owner;
• contains any unsolicited or unauthorised advertising or promotional materials ("spam", "chain letters", "pyramid schemes");
• uses the name or likeness of an identifiable natural person without such person's consent.

4.3 – 4.7

You agree not to represent Loungest's endorsement of User Content; not to upload content containing viruses or harmful components; not to use automated systems to artificially inflate page views; and not to engage in any conduct that restricts or inhibits others from using the Websites. We reserve the right to remove or edit User Content submitted by you.

4.8 – 4.9

We are not responsible for the accuracy or credibility of any User Content. We have the right, but not the obligation, to monitor User Content posted to the Websites to determine compliance with these Terms. We reserve the right to screen, edit, refuse to post or remove without notice any User Content at any time.

4.10

By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and licence to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, distribute, sub-licence and otherwise exploit such User Content in any form, media or technology now known or hereafter developed.

5. User Conduct Guidelines

When accessing or using the Websites, you agree:

• not to interfere with or disrupt the Websites or the servers or networks connected to the Websites;
• not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any portion of the Websites;
• not to engage in any activity that would constitute a criminal offence or give rise to a civil liability;
• not to impersonate any person or entity, including any Loungest employee;
• not to interfere with any other user's right to privacy.

6. Intellectual Property Rights

All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, "Content") present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that you do not remove any copyright or proprietary notice and no modifications are made.

7. Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL LOUNGEST BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF USE OF THE WEBSITES.

We disclaim any and all liability of any kind for any unauthorised access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability.

8. Indemnification

You agree to defend, indemnify and hold harmless Loungest, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Websites by you.

9. Termination

We may terminate or suspend these Terms at any time without notice to you. We shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

10. Governing Law

Any and all disputes, claims and controversies arising out of or in connection with your access to and/or use of the Websites shall be governed by and construed exclusively in accordance with the laws of the Republic of Cyprus, without giving effect to its conflict of laws provisions.

Please report any violations of these Terms to the Loungest Legal Department at cyprus@sound.com.cy.

11. Copyrights and Copyright Agent

We respect others' intellectual property rights, and expect our users and customers to do the same. We reserve the right to terminate access to the Websites for users or customers who post material that infringes the intellectual property rights of others.

12. Miscellaneous

These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner.

13. English Version Controls

Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

See also: Service Agreement  ·  Privacy Policy