These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your” or “client”) and J. Ignacio Pecino trading as Recursive Arts (“we,” “us” or “our”, “Recursive Arts”), concerning your access to and use of the SonicMaps platform and website (https://recursivearts.com/sonicmaps/) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, “SonicMaps”, the “service” or the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with any of these terms, you are prohibited from using or accessing the Site and its services. The materials contained in this web site are protected by applicable copyright and trade mark law.
Permission is granted to temporarily download one copy of the materials (information or software) on SonicMaps web site for personal, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- republish or redistribute the materials;
- sell, rent or sub-license the materials;
- attempt to decompile or reverse engineer any software contained on the SonicMaps Site;
- remove any copyright or other proprietary notations from the materials; or transfer the materials to another person;
- "mirror" the materials on any other server.
Users subscribed to any of our SonicMaps Editor Plans (“Creators”) are provided with the opportunity to create, submit and publish content and materials to us or on the Site, including but not limited to text, audio, photographs, graphics, personal information or other material (collectively, "Contributions"). You might choose to make your Contributions viewable by other users of the Site and through third-party websites. In that case, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make publicly available any Contributions, you thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- your Contributions are not false, inaccurate, or misleading;
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
- your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
- your Contributions do not violate any applicable law, regulation, or rule;
- your Contributions do not violate the privacy or publicity rights of any third party;
- your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Recursive Arts at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
By submitting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, non-exclusive, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, archive, store and cache such Contributions for the purpose of providing the service. You also grant to us the right and license to publicly display, reformat, transmit, excerpt (in whole or in part), and distribute any Contributions you make accessible to the general public, for any purpose, commercial, advertising, or otherwise. The use and distribution may occur in any media formats and through any media channels.
We respect the intellectual property rights of others. We do not make any claim on the content you submit to our Site, and you retain all rights over your intellectual property. This is compatible with the right you grant to us to use your Contributions in the terms previously detailed.
Cancellation and Refund Policy
All our SonicMaps Editor plans are offered on a quarterly or yearly basis, including a free 14-day trial period. To avoid being charged after your free trial ends, you need to cancel your plan within these 14 days. You can't get a refund for any payments made after your free trial ends.
Active subscription plans are automatically renewed on their expiration date. You can request the cancellation of an active subscription at any time before the expiration date. After cancelling, your plan will expire at the end of the current billing cycle and your Contributions (SonicMaps projects) will no longer be listed in the SonicMaps Player. However, we will still maintain your data for 3 months in case you decide to come back. During these 3 month you can request a copy of your data via email at firstname.lastname@example.org.
Both, the expiration date and cancellation link are available at the “My Account” section of the SonicMaps Editor.
Content Submission and Review Guidelines
SonicMaps public projects are visible to all visitors using the SonicMaps Player and must hence comply with the following guidelines in order to ensure a safe and satisfactory experience for everyone.
- Public audio tours can only include original content that you have created or that you have a license to use.
- We reserve the right to reject projects that do not present a minimum of quality standards in terms of design (e.g. too many overlapping sounds affecting performance or too little content), relevance (i.e. if an audio tour is only relevant to its author you should use the private mode instead), and completeness (e.g. tests or unfinished projects might not qualify for public listing).
- Please make sure your audio tour does not include any type of objectionable content such as explicit sex, violence or hate speech.
Disclaimer and Limitations of Liability
We shall not be held responsible for any content you submit to the SonicMaps Site. All user generated content must comply with our Submission and Review Guidelines and must not violate any third party rights.
In no event shall Recursive Arts be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials and services on our Site, even if Recursive Arts or a Recursive Arts authorized representative has been notified orally or in writing of the possibility of such damage.
Although we warn users before starting a GPS sound walk, SonicMaps users are solely responsible to take actions to protect their own health and safety while using our service. Recursive Arts cannot be held responsible for any injury, death, damage or inconvenience arising from the usage of the SonicMaps platform.
Revisions, errata and terms modifications
The materials appearing on the SonicMaps Site could include technical, typographical, or photographic errors. Recursive Arts does not warrant that any of the materials on its web site are accurate, complete, or current. Recursive Arts may make changes to the materials contained on its web site at any time without notice.
We reserve the right to revise these terms and conditions at any time without notice. By using this Site you are agreeing to be bound by the current version of these Terms and Conditions of use.
This document was last updated on August 08, 2020