TERMS OF SERVICE 

Acceptance of Terms of Use

Please read these Guidelines, Terms, and Conditions very carefully. If you do not agree to any of the provisions set out below, you should not use the Website, Apps, or any of the Services. 

By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading, or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Guidelines, Terms, and Conditions, will abide by them and that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 16 years of age or more if you reside in the European Union or 13 years of age or more if you reside in the United States or anywhere else.

Your use of the Platform

Subject to your strict compliance with these Terms of Use and our Community Guidelines at any time during your use of the Platform, Poetreel.com grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Platform to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform or offline and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”), and subject to the territorial availability of that feature and audio Content.

In addition, if you register to use the Platform, and are subject to your strict compliance with these Terms of Use and our Community Guidelines at any time during your use of the Platform, Poetreel.com grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to:

(i) submit, upload or post Content to and keep such Content available on the Platform strictly as permitted by these Terms of Use and any other applicable terms posted on the Website from time to time;

(ii) participate in the community areas and communicate with other members of the Poetry.com® community strictly by these Terms of Use and our Community Guidelines; and

(iii) use Apps and other Services provided as part of the Platform strictly as permitted by these Terms of Use and any other terms applicable to those Apps or Services from time to time.

The above licenses are conditional upon your strict compliance with these Guidelines, Terms, and Conditions at any time during your use of the Platform, including, without limitation, the following:

(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 using 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.

(ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute, or otherwise use or exploit any Content on or from the Platform at any time, except (i) where such Content is Your Content at any and ensuring your use of the applicable Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).

(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 un-follow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs multiply or repetitively. 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,r 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 att, 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 about 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, libelous, 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 Poetreel.com’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 illegal or unlawful in Poetreel.com’s reasonable opinion;
• any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or another 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, 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 Poetreel.com 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 Poetreel.com account to any third party without the prior written approval of Poetreel.com.

(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.

(xvi) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Poetreel.com or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Poetreel.com’s servers, system or network or attempt to breach Poetreel.com’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Poetreel.com’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Poetreel.com under these Terms of Use, Poetreel.com reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions at any time during your use of the Platform and acknowledge and agree that Poetreel.com has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

 

Your content

Any 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 Poetreel.com.

Poetreel.com 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 outlined 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 material 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 and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

 

Grant of license

By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct Poetreel.com to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available (including whether users will be permitted to listen to your Content offline) and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary for Poetreel.com to provide you with any of the aforementioned hosting services, to undertake any of the tasks outlined in these Terms of Use, including the distribution of advertising or other promotional material on our Platform, and/or to enable your use of the Platform, you hereby grant such licenses to Poetreel.com on a limited, worldwide, non-exclusive, royalty-free and fully-paid basis.

By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid-up, license to other users of the Platform, and to operators and users of any other websites, apps, and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and users of Linked Services, at any time using the permissions tab in the track edit section for each sound you upload, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform concerning any proprietary name, logo, trademark, or service mark uploaded by you as part of Your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.

The licenses granted in this section are granted separately concerning each item of Your Content that you upload to the Platform. Licenses concerning audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licenses concerning comments or other contributions that you make on the Platform will be perpetual and irrevocable and will continue notwithstanding any termination of your account.

Removal of audio Content from your account will automatically result in the deletion of the relevant files from Poetreel.com’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Poetreel.com 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 Poetreel.com as follows: (i) Your Content, and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents, and permissions necessary to use at any times during any applicable use, and (if and where relevant) to authorize Poetreel.com to use, Your Content under these Guidelines, Conditions and Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and every part thereof, on, through or via the Platform, any Services and any Linked Services.

(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 necessary consents, permissions, and/or releases from any persons appearing in Your Content 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, libelous, 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 Poetreel.com, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and/or shareholders. Poetreel.com 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.

 

Liability for content

You hereby acknowledge and agree that Poetreel.com (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, Poetreel.com excludes all liability concerning all content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Poetreel.com cannot and does not review the content created or uploaded by its users, and neither Poetreel.com nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

Poetreel.com and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any 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 the 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 concerning any of the foregoing against Poetreel.com or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.

 

Copyright

We have always set out to build a diverse, collaborative community of creators, where everyone gets credit for the content that they make and own, and 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 or promotional agency 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 to post that content to Poetreel.com. Anyone uploading another person’s content without the necessary permissions is liable to have that content removed or their account terminated.

If you feel that someone is infringing your copyright, tell us about it.

 

Respect

Poetreel.com is an open, social platform, made up of a vibrant group of people with differing views, opinions, and cultural backgrounds. We support freedom of speech and the fundamental right for individuals to express themselves and expect everyone else to do the same. Respecting each other on Poetreel.com means following some basic principles:

Don’t be a bully: We have zero tolerance for abusive or threatening behavior within the community. We consider abuse to be any activity where the intent is to attack or demean someone else. Anyone found to be engaging in this type of activity risks the immediate, permanent termination of their account.

Criticize constructively: We recognize that criticism can be a valuable tool for helping each other to improve. Remember that behind each track is a person. Criticism should always focus on the content, and not on the individual who created it. 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.

Privacy of others: Everyone has the right to privacy, no matter who they are. Don’t share personal details of another person (or entity), without their permission. This includes recordings of private conversations, photographs, unlisted phone numbers, and home or email addresses.

 

Don’t pretend to be someone else

As a platform built with creator needs in mind, we welcome the use of stage names or professional identities on Poetreel.com. However, that doesn’t mean that you can impersonate another person, or post intentionally misleading content. As a rough guide, you mustn’t 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.

If you feel that someone is impersonating you, or is infringing your trademark rights, tell us about it.

 

Self-promotion & building your audience

Poetreel.com aims to help creators to connect directly with their fans. 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. However, there is a fine line between developing these connections and over-sharing with members of the community.

 

Forbidden content

As an open platform, freedom of expression is important to us. However, certain types of content have no place on Poetreel.com. To protect the community and maintain positivity, please don’t post:

Pornography: Remember that Poetreel.com can be accessed by people as young as 13. Don’t post any content that is predominantly sexual, 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. There are plenty of other places to find that content online.

Hate speech: You are welcome to share your opinions and beliefs on Poetreel.com, even if they might be controversial, or challenge the status quo. However, we will not tolerate content that promotes or encourages hatred, discrimination, or violence against others based on things like race, cultural identity or ethnic background, religious beliefs, disability, gender identity, or sexual orientation.

 

Spam & prohibited services

We aim for Poetreel.com to be a spam-free zone. To support this effort, we have policies in place that prohibit both spammy activity and the use of related services which violate our Terms.

The following activity is not permitted:

• Posting unsolicited links to commercial spam i.e. profiles or content whose sole aim is to drive traffic to external websites, via messages, comments, profiles, and track descriptions or artwork
• Creating multiple accounts to inflate the popularity of other profiles
• The creation, use, or promotion of:
  • Bots or other automated means to perform social interactions;
  • Services that claim to boost a profile’s popularity such as followers, plays, likes, or reposts;
  • Services that sell social interactions or other forms of promotion on Poetreel.com.

Tell us about it

You might come across content that you disagree with or find distasteful from time to time. If that’s the case, the best thing you can do is to ignore that content and block those who share it to avoid it in the future. However, if you encounter any content that crosses the line and breaches these guidelines or our Terms of Use – including impersonation, abusive or threatening behavior, pornography, or malicious speech – tell us about it. We have a dedicated team of people who will review all reports objectively, and remove any content that violates these rules, or applicable law.

Please bear in mind that something that you find unacceptable, may not be unacceptable to everyone. We try to maintain a fair and balanced approach, but reporting content will not always result in that content being removed if it does not break the rules.

If you break the rules

If we receive notification from a rightsholder that content uploaded to your account infringes their copyright, or if we believe that your activity violates any of our other guidelines, we will send you a written warning. If we have to send you more than two of these warnings, we will terminate your account. In the most extreme cases, we reserve the right to terminate your account immediately, without prior warning.

 

Reporting extremism and illegal content

While we encourage everyone to share their opinions and beliefs, it is not acceptable to use Poetreel.com  to share illegal material, or content related to extremist ideologies. We will remove all content and accounts which share this type of material when it is reported to our team for review. 
 

Reporting extremism and illegal content

If you would like to report extremist or illegal content, please provide us with the following details:

• The URL of the account you want to report
• Links to the content to be reviewed e.g. track URLs
• A brief explanation of how the content violates our Terms, Guidelines, or applicable law

 

Blocking and removal of content

Even though Poetreel.com has no legal obligation to monitor the content on the Platform, Poetreel.com reserves the right to block, remove or delete any content at any time, and to limit or restrict access to any content, for any reason and without liability, including without limitation, if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Guidelines, Terms, and Conditions, or applicable law, or is otherwise unacceptable to Poetreel.com.

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 to continued access to any particular item of content and Poetreel.com shall have no liability if you are unable to access an item of content due to its removal from the Platform, whether by Poetreel.com or the relevant uploader.

Repeat infringers

Poetreel.com will suspend or terminate your access to the Platform if Poetreel.com determines, at its reasonable discretion, that you have repeatedly breached these Terms of Use or our Community Guidelines.

If we receive a valid notification from a third party by our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of a 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.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Poetreel.com at its discretion. Please note we do not offer refunds to Subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use or our Community Guidelines.

 

Disclaimer

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”.

WHILST POETREEL.COM USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO POETREEL.COM’S ATTENTION, POETREEL.COM 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. POETREEL.COM 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. POETREEL.COM 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.

POETREEL.COM 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 POETREEL.COM’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF US$100 OR THE AMOUNTS (IF ANY) PAID BY YOU TO POETREEL.COM DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

POETREEL.COM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

1. 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 POETREEL.COM 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 CONCERNING 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 POETREEL.COM 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 POETREEL.COM 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;

2. 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
3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF POETREEL.COM BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND POETREEL.COM 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 POETREEL.COM 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 POETREEL.COM AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND POETREEL.COM AND THAT POETREEL.COM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF POETREEL.COM, 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 WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CAN NOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless Poetreel.com, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

(i) any violation by you of these Terms of Use, Conditions, or our Community Guidelines;

(ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services by these Terms of Use and the parameters set by you concerning the distribution and sharing of Your Content;

(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 Poetreel.com.

 

Changes to the Platform, accounts, and pricing

Poetreel.com 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 concerning individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination, or cessation of access, Poetreel.com shall use its reasonable endeavors to notify registered users of such a decision in advance.

You hereby agree that Poetreel.com and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to you or any third party for any changes or modifications to the Website, Apps, and/or any Services that Poetreel.com 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.

Poetreel.com 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 concerning any subsequent renewal of your subscription. In all other cases, where Poetreel.com proposes to make changes to any type of Subscription you have purchased, and these changes are material and to your disadvantage, Poetreel.com will notify you of the proposed changes by sending a message to your Poetreel.com® account and/or an email to the then current email address that we have for your account, at least six (6) 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 six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your Subscription.

Termination

You may terminate this Agreement at any time by sending notice in writing to Poetreel.com at Alabi Street, Gbagada, Lagos, Nigeria confirming such termination, by removing all of Your Content from your account, or by deleting your account and thereafter 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.

Poetreel.com may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these Terms of Use or our Community Guidelines, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of Licence, and Your Representations and Warranties; (iii) Poetreel.com elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by Poetreel.com at its discretion. If you have a Subscription and your account is suspended or terminated by Poetreel.com under (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated under (iii) or (iv), refunds may be payable at the reasonable discretion of Poetreel.com.

Once your account has been terminated, any Content residing in your account, or about activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Poetreel.com, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period by 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 Poetreel.com assumes no liability for any material that is irretrievably deleted following any termination of your account. Poetreel.com 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 from the Account page within your Settings on the Website. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement.

 

Assignment to third parties

Poetreel.com 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 Poetreel.com. 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 Poetreel.com.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Entire agreement

These Terms of Use, together with the Community Guidelines, constitute the entire agreement between you and Poetreel.com concerning your use of the Platform (other than any use of Poetreel.com’s APIs which may also be subject to separate [API Terms of Use]) and supersede any prior agreement between you and Poetreel.com. Any modifications to this Agreement must be made in writing.

Third-party rights

These Terms of Use are not intended to give rights to anyone except you and Poetreel.com. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.

Applicable law and jurisdiction

Except where otherwise required by the mandatory law of Nigeria

(i) this Agreement is subject to the laws of the Federal Republic of Nigeria, and

(ii) you hereby agree, and Poetreel.com agrees, to submit to the exclusive jurisdiction of the courts in Lagos, Nigeria for resolution of any dispute, action, or proceeding arising in connection with this Agreement.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Poetreel.com seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Poetreel.com or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Poetreel.com, including concerning Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability outlined in these Terms of Use.

 

To sum up

Be considerate of others, respect the law and think about these guidelines, terms, and conditions before you post. We aim to make objective, fair decisions when content is reported to us and in most cases, will send you a warning before we take any other measures. We think this is reasonable but if you don't agree, maybe Poetreel.com isn’t the place for you.

We may need to update these Community Guidelines occasionally, so please be sure to check back here every so often for updates.

 

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time, for example, to address legal or regulatory changes or changes to features or functionality made available through the Platform, at our discretion. It is your responsibility to check this page from time to time for updates.

When we make any material changes to these Terms of Use, we will provide you with a prominent notice under the circumstances, including for example displaying a notice within the Platform and/or sending you an email to the email address that you have provided us or a message to your account, and the revised Terms of Use will become effective two (2) weeks after such notification.

You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account during such two (2) week period, your continued use of the Platform after the end of that two (2) week period will constitute your acceptance of the revised Terms of Use.