Welcome to Uni, a service provided by Uni ("Uni", "we" "our", or "us").
Description of the Platform This provides a general description of the Platform, its features and functionality.
Your Uni account This section explains your responsibilities should you choose to register for a Uni account.
Your Use of the platform This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
Your content This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
Grant of license This section explains how your content will be used on Uni and the permissions that you grant by uploading your content - for example, the right for other users to listen to your sounds.
Representations and warranties This section includes important promises and guarantees that you give when uploading content to Uni - in particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights.
Liability for content This section explains that Uni is a hosting service and that its users are solely liable for material that they upload to Uni.
Third party websites and services Through Uni you may have access to other websites and services. This section explains that these are separate third party services that are not under the control of Uni.
Blocking and removal of content This section makes it clear that Uni may block or remove content from the Platform.
Disclaimer This section explains that Uni cannot give any guarantees that the Platform will always be available – sometimes we will have some bugs to fix.
Limitation of liability This section explains some of those things that Uni will not be liable for. Please make sure you read and understand this section.
Indemnification If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
Use of Uni players and widget This section includes a few restrictions on how you can use our players and widgets – basically, don’t try to use our players to create a new music or audio streaming service.
Changes to the Platform, accounts and pricing From time to time, we may need to make some changes to Uni. This section explains your rights in this situation.
Termination This section explains how you can terminate your Uni account, and the grounds on which we can terminate your use of Uni.
Assignment to third parties This section deals with Uni’s right to transfer this agreement to someone else.
Severability This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
Disclosures This section provides information about Uni, including how to contact us.
Description of the Platform
The Platform is a hosting service. Registered musician users of the Platform may submit, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information ("Content"), which will be stored by Uni at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and made available by registered musician users.
The Platform also includes social and interactive features that enable users to engage with and learn from the Uni community in order to build a following and ensure you get the content that interests you most. For example, users who use the ‘Live premiere’ feature will have the opportunity to speak directly to the musician and provide feedback on their music.
Uni will remain free until the final version of the app is complete. After this, Uni will be a subscription of $7.77/month and will offer additional tiers.
Uni User Accounts:
In order to use the Platform, you must create a User account by registering with your name, email, and password.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
You may terminate your account at any time as described in the Termination section below.
Your use of the Platform
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of Content.
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(v) You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
(vi) You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
(vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
(viii) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Uni’s reasonable discretion;
any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Uni’s reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
(ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
(x) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
(xi) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
(xii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Uni employee.
(xiii) You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
(xiv) You must not sell or transfer, or offer to sell or transfer, any Uni account to any third party without the prior written approval of Uni.
(xv) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
Your content (Musician Accounts)
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Uni.
Uni does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected works within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Uni shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Grant of license (Musician Accounts)
Removal of audio Content from your account will automatically result in the deletion of the relevant files from Uni’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Uni is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Furthermore, if you authorize any of Your Content to be available for offline listening, after deletion of an item of Your Content or removal from the ability for other users to listen to the applicable Content offline, the applicable Content may still be temporarily available to other users of the Platform who saved the applicable Content for offline listening on their devices, but no longer than 30 days from the time of deletion.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Representations and warranties
You hereby represent and warrant to Uni as follows:
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
(iv) Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
(v) Your Content does not and will not create any liability on the part of Uni, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Uni reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
(vi) If you are a musician, you own your masters, and you are a resident of the United States.
Liability for content
You hereby acknowledge and agree that Uni (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Uni excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.
Uni and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Uni or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
If you discover any content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages.
Third party websites and services
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter "External Services").
Uni does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Uni does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Uni disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Uni with respect to the content or operation of any External Services.
Blocking and removal of content
Please also note that individual Uploaders have control over the audio content that they store in their account from time to time, and may remove any or all audio content or other content without notice. You have no right of continued access to any particular item of content and UNi shall have no liability in the event that you are unable to access an item of content due to its removal from the Platform, whether by Uni or the relevant uploader.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
WHILE UNI USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO UNI’S ATTENTION, UNI MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. UNI DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNI DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
UNI AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL UNI’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 USD OR THE AMOUNTS (IF ANY) PAID BY YOU TO UNI DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
UNI AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT UNI MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY UNI OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE UNI WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;
ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO UNI AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND UNI AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND SOUNDCLOUD, AND THAT UNI’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless Uni, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Uni.
Data protection, privacy and cookies
Changes to the Platform, accounts and pricing
Uni reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Uni shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that Uni and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that Uni may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
Uni may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscriptions from time to time. In the event of any increase in the price or material reduction in the features of any Subscription which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where Uni proposes to make changes to any type of Subscription you have purchased, and these changes are material and to your disadvantage, Uni will notify you of the proposed changes by sending a message to your Uni account and/or an email to the then current email address that we have for your account, at least four (4) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such four (4) week period, your continued use of your account after the end of that four (4) week period will constitute your acceptance of the changes to your Subscription.
You may terminate this Agreement at any time by sending notice in email to Uni at firstname.lastname@example.org, confirming such termination, by removing all of Your Content from your account, or by deleting your account and thereafter by ceasing to use the Platform. If you have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Uni, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Uni assumes no liability for any material that is irretrievably deleted following any termination of your account. Uni is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so by emailing Uni at email@example.com
.Assignment to third parties
Uni may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Uni. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Uni.
Third party rights
If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AA rules or applicable law, the arbitration can take place in Austin, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Austin, Texas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Platform be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Exceptions to the Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Our Privacy Principles:
Information We Collect
The personal information we collect is related to providing the Platform and its features and falls into three general categories:
Information you provide to us
Information collected automatically
Information You Provide
We ask for and collect the below personal information when you use the Platform. This information is necessary for the adequate performance of the contract between you and us and to comply with our obligations thereunder.
Certain Services require that you register for an account and, by doing so, you will need to provide us with certain information:
Account Information - When you register any kind of Uni account, you will need to provide your legal name, email address (except when you sign-up with Facebook, Google or Apple and don’t give your permission to share it with Uni), your age, and choose a password. In addition, if you purchase a Subscription, you will also need to provide your physical and billing address and payment verification information.
Profile Information - you may choose, at your discretion, to provide additional information for your public profile on Uni – for example:
your legal name
a user name (which may be your real name or a pseudonym)
the city and country in which you live
a profile picture, profile header image or avatar
details of your other websites and social media profiles, including links to those pages
your gender if you wish to provide it
any additional information you choose to provide as part of your public profile, such as your legal name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website or mobile app.
Communications - When you communicate with Uni by email or through the Platform, or use the Platform to communicate with other users, we collect information about your communication and any information you choose to provide.
Survey Information - If you participate in any survey, you may provide certain personal data as part of your response, unless you respond anonymously.
Information You Post - You may provide personal data when you upload Sounds to the Platform, or when you post comments, or contribute to community discussions.
Information We Collect Automatically
There is certain information that we collect automatically as the result of your use of the Platform, subject to the choices you make in your Settings
Usage Information - We collect information about your interactions with the Platform, including the pages that you visit and links you click on, streaming, offline listening or downloading tracks, uploading or recording tracks, connecting your Facebook, Google or Apple account, sharing a Sound with another user, following or unfollowing another user, posting a comment, performing a search, the time, frequency and duration of your visits to the Platform, and whether you interact with email messages, for example, if you opened, clicked on, or forwarded the email message.
Location Data – When you use certain features of the Platform, we may collect data about your general location (e.g. IP address). We use this data to provide you with location-based services (such as advertising and personalized content). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings.
Device Information – We collect information from and about the devices you use, including how you interact with the Platform and information about the device itself, such as the hardware model, operating system, IP addresses, cookie information, device settings, mobile carrier information, mobile device and advertising identifiers, apps installed, browser type, language, battery level and time zone. Apple’s iOS Advertising Identifier (IDFA) and Google’s Android Advertising ID are examples of device identifiers. This information allows us to recognize and associate your activity, and provide personalized content and advertising, consistently across all of your devices.
Software Development Kits (“SDK”) - We may use third parties including our business partners and service providers who use mobile SDKs to collect information and information related to how mobile devices interact with the Platform. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented. We may use this technology, for instance, to analyze how you interact with content and advertisements and to enable analytics or other features through mobile devices.
How We Use Your Information
We use the personal information we collect from you, including with the help of automated systems and decision making, for a range of different business purposes according to different legal bases of processing and subject to the choices you make in your Settings.
Provide, Improve, and Develop the Platform
To operate and maintain your Uni account, and to provide you with access to and use of the Platform. Your email address and password are used to identify you when you log into the Platform. Your device-IDs are used to ensure that you are in control of the devices that have access to your Subscription.
To identify you as the creator of the Sounds that you upload, the comments that you post and/or the other contributions that you make to the Platform.
To provide creators with stats and insights about users’ listening behavior of their Sounds, (i.e. streaming and downloading their Sounds or following their profiles).
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new features, and conduct audits and troubleshooting activities.
If you purchase a Subscription, your name, address and payment verification information will be used to process your account subscription and renewals and to collect your payment. All payment verification information is transmitted using industry-standard SSL (Secure Socket Layer) encryption.
Your email will be used to send you service updates and notifications about your account.
To respond to you about any comment or enquiry you have submitted.
We use your age to enable age restrictions.
Maintain a Safe and Secure Environment
Detect and prevent fraud, spam, abuse, security incidents, and other suspicious activity.
Verify and authenticate your identity and prevent unauthorized or illegal activity.
Enhance the safety and security of our products and services.
Conduct security investigations and risk assessments.
To provide you with customer and technical support.
Furthermore, we may use your data for other purposes, provided we disclose the purposes and use to you at the relevant time, and provided that you consent to the proposed use of your personal data. Which of your data we process on the basis of your consent depends on the purpose of your consent. Typical purposes include:
Subscription to a newsletter.
Participation in surveys and market research studies.
Using cookies and similar technologies according to your settings.
Sharing of Your Information
This section describes how the information collected or generated through your use of the Platform may be shared by you or by us.
Through Your Profile – Any information in your public profile (other than your email address) will be accessible by other users of the Platform, who may view your profile information, listen to and comment on any of your public Sounds, add themselves to your list of followers, and send you messages. Creators will be able to see in their statistics that you have listened to the tracks they uploaded. They will also be able to see how many times you have listened to any of their Sounds, and that you are following them. This is to allow creators to track the popularity of their Sounds. Similarly, if you comment on any Sounds on the Platform, your comments will be available to all users of the Platform.
With Your Consent – We will disclose your information if you have agreed that we may do so. We will make this clear to you at the point at which we collect your information, including the purpose(s) for which we will use the data.
Third Party Applications – If you choose to connect your Uni account to other apps or social networks such as Facebook you may be sharing certain information with these apps or networks. Content that you share with Facebook will appear on your timeline and in your Facebook friends’ newsfeeds. In the case of connected apps, you will need to provide the app developer with full access to your Uni account in order to upload and download Sounds, or comment on, favorite, or repost Sounds from within the app. This means sharing your public information, plus access to your private Sounds. Uni is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust.
Protecting our Rights – We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors, officers, or shareholders, and/or to ensure the safety and security of the Platform and/or the Uni community.
Uni is not intended for use by children. Anyone under the age of 13 in the United States and the rest of the world, is not permitted to use the Platform and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13 we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately
Your Choices and Controls
We do our best to give you as much choice as possible regarding the amount of information you provide to us, and the control you have over that information.
Managing Uni Settings. If you register an account, you may manage the content and information you share when you use Uni through your account Settings, including for the features explained below. You are solely responsible for keeping your Settings up-to-date.
Email – You can adjust your Settings in the Settings tab. All commercial emails and newsletters also allow you to unsubscribe at any time.
Notice To California Users
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following details regarding the categories of personal information about California residents we have collected or disclosed within the preceding 12 months.
We collected, including through service providers, the following categories of personal information:
Identifiers, such as your name, email address, birthday, profile name, as well as IP addresses, device IDs, mobile advertising IDs, anonymous Uni user IDs, and other similar identifiers;
Payment and financial information you provide when you purchase a Subscription or use certain features of the Platform;
Characteristics about you like any gender information you choose to provide when you register an account on the Platform;
Commercial information, such as Subscription and other purchase or transaction information related to your use of the Platform;
Internet or other network activity information, including browsing and search history and other information about your use of the Platform, as well as information about how you interact with ads for Uni off the Platform;
Geolocation data derived from IP addresses;
Audio, visual, and other electronic information, such as sound recordings, images, and comments;
Sources of Personal Information
We collected this personal information directly from California residents themselves, as well as from other sources, such as our business partners and third-party applications (for example, Facebook and Google) if you sign up to Uni through such an application.
We used this personal information or a range of operational business purposes, including:
To operate and maintain the Platform and your account;
To market and sell our products and services;
To provide personalized content and ads;
To perform research and development;
To perform data and business analytics;
To detect and prevent fraud or abuse;
To perform identity verification;
To process Subscription payments;
To process user inquiries and requests;
To perform security and other risk testing;
To undertake quality assurance measures;
To maintain our systems and infrastructure;
To comply with law or exercise or defend legal claims;
To perform accounting, audits and other internal functions; and
To otherwise operate our business and achieve our business objectives
Disclosures of Personal Information
We disclosed the following personal information to third parties, as set forth below, for our operational business purposes:
Identifiers, such as your name, email address, birthday, profile name, as well as IP addresses, device IDs, mobile advertising IDs, anonymous Uni user IDs, and other similar identifiers
Payment and financial information you provide when you purchase a Subscription or use certain features of the Platform
Characteristics about you like any gender information you choose to provide when you register an account on the Platform
Commercial information, such as Subscription and other purchase or transaction information related to your use of the Platform
Internet or other network activity information, including browsing and search history and other information about your use of the Platform
Geolocation data derived from IP addresses
Audio, visual, and other electronic information, such as sound recordings, images, and comments
Education information to verify your student status if you purchase a Students Subscription
Inferences drawn from any of the personal information above to create a profile or segment about you so we can provide you with personalized content and advertising
Exercising Your California Privacy Rights
CCPA and other California law provides California residents with the additional rights listed below. You may exercise any of the rights described in this section by contacting us at firstname.lastname@example.org. Please note that we may request information from you in order to verify your identity, such as your email address or a picture and then use that information to match it with information we already have. We will respond to your request consistent with applicable law. If you would like an authorized agent to make a request on your behalf, the agent may do so by contacting us at email@example.com. Upon receipt of a request by an agent, we will require the agent’s power of attorney or signed, written permission that you have authorized the agent to act on your behalf.
Right to Access: You have the right to know and access what personal information we have collected about you over the past 12 months, including:
The categories of personal information we’ve collected about you;
The categories of sources from which the personal information is collected;
The business or commercial purpose for collecting or selling your personal information;
The categories of personal information about you which we shared and/or sold;
The categories of third parties to which we have shared or sold personal information; and
The specific pieces of personal information we have collected about you.
Right to Deletion: You have the right to request that we delete personal information we have collected from you. In some instances, however, we may decline to honor your request where an exception applies.
Right to Opt Out of a Sale: You have the right to opt-out of any future “sale” of personal information about you by clicking here or by adjusting your Settings in the “Advertising” tab or by contacting us at firstname.lastname@example.org
Other Rights: You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.
Uni will be a place where every musician has equal opportunity and a place where they feel empowered and respected. It’s up to all of us to make that happen. This page includes important information about our rules and guidelines related to your use of Uni. Please take the time to carefully read through this information; we take these guidelines seriously and expect you to do the same.
Uni set’s out to build a diverse, collaborative community where the rights of creators are respected.
You are responsible for all activity associated with your account, including all content that you post. If you post content that belongs to someone else (for example, if you are a distributor, promotional agency, manager, or radio plugger acting on behalf of an artist or label), or if you use someone else’s content in a remix or other similar work, it is your responsibility to ensure that you have the permission of all relevant rightsholders in order to post that content to Uni. Anyone uploading another person’s content without the necessary permissions is liable to have that content removed and/or their account terminated.
When reporting content for infringement, we consider reports abusive if you are not the rightsholder or an authorized agent thereof (like the rightsholder’s attorney or manager). Abusive reporting may result in your civil liability for damages incurred by Uni (including costs and legal fees), the person whose content you report, or any copyright owner or authorized licensee as a result of content being removed. Additionally, you risk having your account frozen or, in some cases, terminated if we believe that you have abusively reported content. If you do not own the copyright in the content, please do not report it for infringement.
Uni wants to connect people back to music as if they were stepping back in time. Music has the power to change minds and shift attitudes. While engaging with the community can be rewarding, it can also be a source of frustration and misunderstanding if the context of the content is not considered or understood or users don’t communicate and interact in a respectful way.
As a general rule we’re unable to prescreen or proactively search for many kinds of content, but we aim to be fair in deciding what content is permitted on Uni. While complaints and inquiries must be evaluated and addressed on a case-by-case basis, we aim to apply a uniform set of standards to every user. When determining whether to remove content, we ask ourselves a number of questions, such as:
Is the behavior directed at an individual, group, or protected category of people?
Clearly targeted content will increase likelihood of removal.
Has the report been filed by the target of the abuse or a third party?
In some instances we may not be able to take reports from third parties.
Does the reported user have a history of violating our policies?
How severe is the violation?
The severity will be reflected in the respective action (i.e. warning vs. suspension).
Is the content of legitimate public interest?
The purpose of content will be considered.
When you see content that upsets or shocks you, step back and consider the above in addition to the possible context and intention of the person sharing the content. If you’re unsure of a user’s intentions, feel free to engage with them in a calm and level-headed manner. The comments section on Uni provides a unique environment for people to engage in a conversation around the content. Alternatively, you could message the user privately to share any concerns.
Of course, it’s always possible to block or ignore a user as a means to no longer see unwanted content on Uni, and sometimes this is the best or only way to resolve these issues.
Please consider the above and review the relevant section of our Community Guidelines below before reporting content to our Trust and Safety Team. This will both align your expectations with our policy and allow our team to focus on removing content that truly doesn’t have a place on Uni
Criticism should always focus on the content, and not on the individual who created it. We do not want criticism of the personal character of the creator, only the criticism of their content. Please share your opinion with others, but do so in a constructive way. Before posting feedback, always ask yourself whether you would appreciate receiving the same feedback. If not, don’t post it.
“This wasn't my favorite track of yours”
“I think different vocals on this track would work better”
“I’m pretty disappointed with this track tbh”
Don't do this:
“You’re a piece of s**t! No one’s ever gonna listen to your garbage!”
“I hate you and your voice. You should stop making music. You’re so annoying and we all hate you bro”
“What the hell is this!?”
We have zero tolerance for abusive or threatening behavior within the community and on the platform. We consider abuse to be any activity where the intent or likely result is to attack or demean someone else. This includes but is not limited to content aimed at sexualizing or degrading other users. Anyone found to be engaging in this type of activity risks the immediate, permanent termination of their account.
“I like this track! Thanks for this!”
Block a user who you do not wish to engage with.
“You’re the GOAT!”
Don't do this:
“I’ll find u and hurt u where u at man u don’t deserve to live”
“You don’t know what the hell you’re talking about, idiot!”
We define harassment as the unwanted, continued pursuit of contact with an individual who has indicated they do not wish to be in contact with another individual. The difference between abuse and harassment is that harassment is typically conducted over a sustained period of time, whereas abuse may be a one-off event. Therefore, if an individual is sending repeated unwanted messages or comments to another user, they risk the immediate, permanent termination of their account.
Message or comment once: “Hey, you should check out my music, I think you’d like it”
Don't do this:
Repeatedly message or comment: “hey I think you’re beautiful talk to me!”
Engage with someone when they’ve told you to stop, or use Uni to contact someone when they’ve blocked you on another platform.
Create accounts or content with the sole purpose of “exposing” the behavior of a single identifiable individual or group of individuals.
Unauthorized recording or publishing of private information
We do not allow the sharing of personal details of another person (or entity), without their permission. This includes recordings of private conversations, full names, photographs, unlisted phone numbers, and home or email addresses.
Reference a person by their first name without them being identifiable.
Express thoughts without any direct references to another person.
Don't do this:
Include personal details such as “Sarah Smith at Elmwood High School”
Use photos of other individuals without their consent.
Upload recordings of private phone calls between two individuals without consent.
Use screenshots of private conversations as profile/track/playlist artwork.
Impersonation & misleading metadata
As a platform built with creator needs in mind, we welcome the use of stage names or professional identities on Uni. However, you cannot impersonate another person or post content that is intentionally misleading.
This means that you must not create profiles or post content that is intended to make people think you are someone else. You must not use someone else’s name or trademark without their permission, or pretend to be associated with someone you aren’t, even if you feel that you are helping that person by doing so. This applies to everyone from the most popular creators to casual users on Uni.
Use tags to indicate similarities to artists that inspire you.
Use your own name as a display name or URL where this is also the name of an existing artist and no ™ infringement is taking place.
Use your own original artwork on your profile.
Mention artists that inspire you in your profile bio (i.e. “X, Y and Z artist inspire me”)
Create fan accounts with the permission or endorsement of the artist in question. These must be clearly distinguished from official profiles.
Don't do this:
Upload tracks with an artist’s name in the title who is not officially associated with it.
Use another artist’s name or variation of an artist’s name as your display name, URL or Track URL.
Use an image of an artist or images associated with an artist (album covers etc.) as an avatar, banner, track or playlist image where the artist is not officially associated with the account or track.
List artist names in your bio as a means of attempting to game our search.
Create fan accounts without the permission of the artist in question.
We do not allow any content that is predominantly sexual in nature or that could be perceived as an aid to sexual gratification. This includes, but is not limited to, images containing nudity and recordings or detailed descriptions of sexual acts, or links to pornographic sites.
Post ASMR of your dog eating treats, or you brushing your hair.
Don't do this:
Post noises directly associated with sexual acts disguised as ASMR.
Link to any pornographic content in your profile bio.
Violence and threatening behavior
We do not allow any use of intimidation or threats of violence between our users, against the wider public or against Uni employees. Likewise, we don’t permit any incitement to, or glorification of, violent acts either against an individual or the wider public. Additionally, the use of excessive gore in regards to both imagery or language is not permitted.
Provide commentary on violence in regards to a specific event (i.e. something that happened to you in the context of a podcast episode).
Refer to violence where this serves an educational purpose.
Don't do this:
Upload content that has the intention to intimidate an individual into fearing a physical attack against their person.
Upload content inciting violence (i.e. calling on or encouraging others to complete violent acts against an individual or against the wider public).
Upload graphic images of real or dramatized violence with the intent to glorify violent acts or to shock/disgust.
Uni allows for the presentation of individual beliefs and opinions. We do not, however, allow content that promotes or encourages hatred, discrimination or violence against others based on race, cultural identity or ethnic background, religious beliefs, disability, gender identity, or sexual orientation. We will use our discretion when necessary to determine if beliefs or opinions incite hatred.
Please keep in mind that applicable laws state that Nazi and ISIS content is illegal, and will be removed without discussion, unless clearly used for educational or journalistic purposes.
Speak about a hate group in a purely educational manner, making it clear when you are quoting directly and not presenting them as your own views.
Specifically state that you do not endorse the groups/events/etc. that you may be quoting.
Don't do this:
“I mean, these [protected group], they know what’s wrong with them”
“[protected group] are threatening us. We need to get them out”
As a platform that promotes freedom of speech and connects millions of people, we feel we have a responsibility to take a clear stance on the issue of misinformation. Although not a new concept, the digital age has made it easier than ever to spread information almost anywhere in the world.
We understand that in today’s day and age many people rely on the internet and social platforms as their main news source. Therefore, in order to maintain the trust and safety of our community, the use of false, fabricated or manipulated information is something we do not condone, especially when presented as fact and when posing a potential threat or allowing for long term harm to the wellbeing of both our user base and society at large. This type of information can take many forms, but is often uploaded with the aim of affecting political discourse.
Furthermore, we feel we must be explicit in stating we do not under any circumstances allow the posting or sharing of harmful ideologies that misinform the public, such as those that deny the occurrence of violent events, or those that target an individual or protected group by inciting fear, hate or prejudice.
With that all being said, we do encourage you to offer and discuss your opinion with others should it be very clearly presented as such and kept in line with the rest of our Community Guidelines.
Use imaginative subjects to produce satire, comedy and entertainment content.
State or talk about your opinion as just that, opinion.
Don't do this:
Use of clickbait titles, profile names and description.
Fabricate content that deliberately presents false or misleading claims as news.
Refer to violent events as “false flags”.
Post or share conspiracy theories like denying the Holocaust.
Spammy behavior and self promotion
Uni aims to help creators to connect directly with their fans and build their audience. We understand that promoting your work is important, and we encourage you to seek out fans and other like-minded individuals. In our experience, the most successful forms of promotion are built upon meaningful interactions between creators and their audience.
Specifically, it is not possible to:
Post identical or almost identical comments or messages in large volumes
Repeatedly follow large volumes of accounts in a short period of time
Repeatedly unfollow and refollow the same accounts, in order to draw attention to your own profile
Repeatedly repost or like tracks that you have reposted or liked in the past
Reach out to fans with tailored messages for each one of them.
Find users related to your content and interact with them.
Repost tracks similar to your own to attract traffic.
Don't do this:
Copy and paste the same links and words in comments and/or private chat.
Randomly bulk follow a large amount of users.
Pay for external promotion services not affiliated with Uni.
Creation, use or promotion of services that claim to boost a profile’s popularity such as followers, plays, likes, or reposts.
Creation, use or promotion of services that sell social interactions or other forms of promotion on Uni.
Create multiple accounts with the intention of inflating the popularity of other profiles.
As a general rule we’re unable to prescreen or proactively search for many kinds of content. As such, it’s possible you might come across content that you don’t wish to see. In these cases, please ignore such content and block those who share it to avoid it in the future.
Termination of accounts
In certain cases, such as when we deem your account to be dedicated to the violating activity, we reserve the right to terminate your account immediately, without prior warning, in our discretion.