Terms Of Use

These Terms of Service (“Terms”) govern your access to and use of the Lalalama services and websites (the “Services”) and any information, text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

We reserve the right to alter these Terms of Service at any time.The Services that Lalalama provides may change from time to time without prior notice to you. In addition, Lalalama may stop the Services (or any features within the Services) and may not be able to provide you with prior notice.You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Service.You must not use Lalalama name or any of the Lalalama trademarks, logos, domain names, and other distinctive brand features without prior permission.The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lalalama of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.Lalalama will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content.You must not modify, adapt or hack Lalalama Services. You must not transmit any worms or viruses or any code of a destructive nature.As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages via your registered e-mail or mobile number. These communications are considered part of the Services and your Lalalama account, which you may not be able to opt-out from receiving. We, or our partners, may also send you targeted marketing messages based on data that you provide us through Services.Your privacy is very important to us. Any information that you provide to Lalalama is subject to our Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.You must be 13 years or older to use this service.

Content on the Services and Premium Accounts

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content.You retain your rights to any Content you submit, post or display on or through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.By making available any Content, you hereby grant to Lalalama a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.Certain features of the Service are only available to users who register and pay for a premium account. If you wish to upgrade your account, you may do so at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS.Lalalama reserves the right to change, modify, withdraw or discontinue any of the features, services and functionalities of the Service at any time and for any reason with or without notice.Lalalama may change the features of any type of account, may withdraw or, or introduce new types of account at any time and for any reason, and may change the prices charged for any of its premium accounts or other services, from time to time with or without notice.Lalalama may introduce new Content or change or withdraw Content for a premium account from time to time with or without notice.

Copyright Policy

Lalalama respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.Identification of the copyrighted work claimed to have been infringed.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.Your contact information, including your address, telephone number, and an email address.A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Lalalama will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is privacy@lalalama.com. We may revise these Terms from time to time; the most current version will always be attached to the latest service update. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.(These terms of services were inspired by Twitter, Soundcloud, Dropbox)

Community Guidelines

These Community Guidelines are designed to ensure that everyone understands what the Lalalama community is all about. Don't forget that your use of Lalalama is also subject to our Terms of Use. 

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Do: 

* Respect others. 

* Lalalamers are a diverse group with a lot of different opinions and views. That's great, but it means that everybody needs to be tolerant and respect people whose ideas are different to their own. Of course, if you feel that someone is expressing views or opinions that are offensive, defamatory, abusive, or otherwise contrary to our Terms of Use as described above, you can let us know by sending an email to privacy@lalalama.com 

* Create, upload and share. 

* Lalalama enables you to express yourself through your voice, sounds, and lets you share those sounds across the web. So, be creative, be expressive and share your ideas with the world. But remember – only share sounds that you have created yourself and have permission to share. If you are unsure whether you can upload something, check out our Copyright Information below this section. 

* Criticize, but do it constructively. 

* Criticism can be really valuable, but only when it’s done constructively. So, please share your opinions, but before posting anything, ask yourself "Would I appreciate receiving the same comment?". 

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Don't: 

* Record things that aren't yours to share. 

* Recording and sharing means you must always be 100% certain that you are the creator of what you're sharing, or have permission from all relevant rights holders. Anyone who repeatedly records other people’s content risks having their account suspended or terminated. If you need more information about copyright, check out our Copyright Information below. 

* Use someone else’s name. 

* Lalalama usernames are allocated on a first come, first served basis. Please don’t register accounts in the name of another person, or using someone else’s trademark, even if this is meant as a tribute. If you feel that someone is impersonating you on Lalalalma, or is infringing your trademark, you can tell us about it bysending an email. 

* Rant, flame, troll or be an asshole. 

* Lalalama is a social place but it's not the place for you to act out rage from other parts of your life. Don't let a personal issue strain the rest of the community. Inappropriate behaviour, including abusive, defamatory, obscene, racist or offensive comments, will put you at risk of having your account suspended or terminated. 

* Spam. 

* There’s a fine line between promoting your sounds and spamming. The more you can make your messages and actions personal and relevant, the less likely you are to be reported for spam. Faking your own popularity, or using sounds or comments to promote other products or services can be considered as spam and isn’t welcome on Lalalama.

If you break these rules

We take these rules seriously, and expect you to as well. If you break these rules we will take action. If we receive notification from a rights holder that any sounds, text or images in your account infringe their copyright, or if we believe that your behaviour is inappropriate, we will send you a warning. If we have to send you more than two of these warnings, we will suspend your account. In the most extreme cases, we may suspend your account without warning.

Tell us about it

If you feel that someone is infringing your copyright, you can tell us about it at privacy@lalalama.com If you want to report any other breaches of these Guidelines or our Terms of Use – including offensive or defamatory comments, trademark infringement, impersonation, stalking, harassment, breach of privacy or spamming - you can report this to us by sending an email at privacy@lalalama.com Remember, we want Lalalama to be a community where everyone feels comfortable and respected - it’s up to all of us to make sure this happens.

To Sum It Up

Basically, be nice, respect the law and think before you post. In most cases, we'll send you a warning before we take other measures and we'll always try to act reasonably. We think this is fair but if you don't agree, maybe Lalalama is not the place for you. 

These guidelines have been written down to ensure that everyone within the community has the experience they want. We're not trying to set up rules and regulations for exactly how you should and shouldn't act but rather to make clear that this should be a place of respect between people and a place for responsible content posting. We hope you agree and understand. If you do, don't or have any other questions or comments please let us know. 

We may change these Community Guidelines from time to time, so please be sure to check back here every so often for any updates. 

The Lalalama Team

Copyright Checklist

Can you answer “yes” to all of the following questions? 

* Is the recording spontaneous, as opposed to being recited from a script, play or book (other than one written by you)? 

* Is it a recording of your performance? 

* Did you make the recording yourself? 

* Do you have the permission of anyone else appearing in the recording to upload and share the recording on Lalalama?Can you answer “no” to all of the following questions? 

* Is the recording rehearsed or recited from a script, play or book (other than one written by you)? 

* Does the recording contain any music or excerpts from other copyright works (e.g. movie dialogue)?

Disclaimer

THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.WHILST Lalalama USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO Lalalama’S ATTENTION, Lalalama 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. Lalalama 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. Lalalama 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 UNAUTHORISED 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.Lalalama 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

Limitation of Liability In NO EVENT SHALL Lalalama’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 NIS OR THE AMOUNTS (IF ANY) PAID BY YOU TO Lalalama DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. Lalalama 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 Lalalama 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 RIGHTS-HOLDERS 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 Lalalama 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 Lalalama WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;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 LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF Lalalama BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND Lalalama AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO Lalalama 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 Lalalama AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND Lalalama, AND THAT Lalalama’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF Lalalama, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILLFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Disclosures

The services hereunder are offered by Lalalama Limited, a company incorporated under the laws of Israel. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@lalalama.com. If you are a resident of the State of California, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use. Last Amended: October 6 2013

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