1. Who we are and your agreement
Audible Atlas (“Audible Atlas”, “we”, “us”) is a business based in Ontario, Canada. It operates the website at audibleatlas.com and its related features, including sound playback, downloads, soundboards, uploads and embeddable players (together, the “Service”).
These Terms of Service (the “Terms”) are a binding agreement between you and Audible Atlas. By visiting the Service, creating an account, uploading a sound or using any feature, you agree to these Terms and to our Privacy Policy and Copyright & DMCA Policy, which form part of them. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only if a parent or legal guardian has read these Terms and agrees to them on your behalf. You may not use the Service where doing so is prohibited by law.
3. The Service
The Service is provided free of charge. We may add, change, suspend or discontinue any part of it at any time, including features, limits, and the availability of any sound. We do not guarantee that the Service will be available, uninterrupted or error-free.
4. Accounts
- Provide an email address you control and keep it current. One account per person.
- Keep your password and sign-in links confidential. You are responsible for everything done through your account.
- Usernames are not property. We may reclaim, change or refuse a username that is reserved, misleading, impersonates a person or organization, or breaches these Terms.
- We may suspend or close accounts that breach these Terms or that we reasonably believe put the Service or others at risk.
5. Your content
You keep ownership of the sounds, titles, descriptions, tags, soundboards and other material you submit (“Your Content”).
So that the Service can work, you grant Audible Atlas a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, reproduce, transcode, display, stream, distribute and otherwise make Your Content available through the Service and its features, including playback, downloads, embeds, soundboards, search results and social-media previews. This licence ends when you delete the content or your account, except that it continues for copies other users have already downloaded or embedded, and for backups kept for a limited time.
You represent and warrant that:
- you own Your Content or hold every right needed to grant the licence above, including any rights of people whose voice it contains;
- Your Content and our use of it under these Terms do not infringe or violate any copyright, trademark, privacy, publicity or other right, or any law;
- Your Content is not sexual content involving minors, and is not hateful, harassing, threatening, defamatory or malicious.
We may remove or restrict any content at any time, with or without notice, for any reason.
6. Sounds on the Service and your use of them
Sounds on the Service are uploaded by users or added by Audible Atlas. Rights in each sound remain with its owner. Audible Atlas does not sell or license sounds and grants you no rights beyond using the Service’s features as offered (playing, downloading, embedding and building soundboards).
You alone are responsible for making sure you have the rights you need before using any sound outside the Service, including in videos, streams, podcasts, games or commercial projects. Some sounds may be subject to third-party rights. We make no representation that any sound is cleared for any purpose.
7. Acceptable use
You agree not to:
- upload or share content that infringes anyone’s rights or is unlawful;
- harass, threaten or demean anyone, or promote hatred against any group;
- upload malware or anything designed to damage or gain unauthorized access to any system;
- scrape, crawl, bulk-download or otherwise access the Service by automated means, except as a public search engine that honours our robots.txt;
- circumvent rate limits, access controls, download limits or any protection on the Service;
- impersonate any person or organization, or misrepresent your affiliation;
- send spam, submit false reports, or manipulate play counts, favourites, trending lists or search;
- interfere with the Service or with any other user’s use of it;
- reverse engineer, decompile or copy any part of the Service except as permitted by law.
8. Embeds
We grant you a revocable, non-exclusive licence to embed the player for any public sound on your own website using the code we provide, subject to these Terms. Do not alter the player, remove the link back to the Service, or present embedded sounds as your own. We may change or disable embeds at any time.
9. Copyright complaints
We respond to copyright notices under the US Digital Millennium Copyright Act and Canada’s Copyright Act as described in our Copyright & DMCA Policy. Accounts that repeatedly infringe will be terminated.
10. Our intellectual property
The Audible Atlas name and logo, the design of the Service and the software behind it belong to Audible Atlas. These Terms give you a limited, revocable licence to use the Service; they do not transfer any ownership. If you send us feedback or suggestions, we may use them without any obligation to you.
11. Third-party sites and services
The Service may link to other websites and may be embedded on websites we do not control. We are not responsible for their content, policies or practices.
12. Termination
You may stop using the Service at any time and may delete your account from Settings. We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, if we reasonably believe you pose a risk to the Service or others, or if we discontinue the Service. Sections 5, 6, 10 and 13 to 18 survive termination.
13. Disclaimers
The Service and everything on it are provided “as is” and “as available”. To the fullest extent permitted by law,Audible Atlas disclaims all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy and availability. Nothing in these Terms excludes or limits rights that cannot be excluded or limited under the consumer protection laws of Ontario, Canada or your place of residence.
14. Limitation of liability
To the fullest extent permitted by law, Audible Atlas will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to the Service or these Terms, however caused. Our total liability for all claims relating to the Service is limited to the greater of CAD $50 and the amount you paid us in the twelve months before the claim. These limits do not apply to liability that cannot be limited by law.
15. Indemnity
You will defend, indemnify and hold harmless Audible Atlas from any claim, loss, liability and expense (including reasonable legal fees) arising from Your Content, your use of the Service, your breach of these Terms, or your violation of any law or of anyone’s rights.
16. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. To the extent permitted by law, the courts of Ontario have exclusive jurisdiction over any dispute relating to the Service or these Terms, and you consent to their jurisdiction. If you are a consumer, you keep any rights to bring a claim in the courts of your home jurisdiction that cannot be waived by agreement, including under the consumer protection laws of Ontario and Quebec.
17. Changes to these Terms
We may update these Terms. The “Last updated” date at the top shows the current version. For material changes we will post a notice on the Service at least 14 days before they take effect where practicable. Using the Service after a change takes effect means you accept the updated Terms.
18. General
These Terms, the Privacy Policy and the Copyright & DMCA Policy are the entire agreement between you and Audible Atlas about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor of the Service. We are not liable for delays or failures caused by events beyond our reasonable control. These Terms are written in English. Questions: contact@audibleatlas.com.