Soundscape Terms of Service
Thank you for choosing Soundscape services. KKFARM (hereinafter referred to as "the Company") provides Soundscape services (hereinafter referred to as "the Service") in accordance with the Soundscape Terms of Service (hereinafter referred to as "these Terms"). By using the Service, you are deemed to have read and agreed to accept these Terms, and all contents of these Terms shall become part of the agreement between you and the Company. If you do not agree to these terms, please do not use the Service. If you are a minor, in addition to your own compliance with these Terms, please ensure that your parent (or guardian) has also read, understood, and agreed to comply with all contents of these Terms before you begin using the Service. When you continue to use the Service and software after any modification or change to these Terms, it signifies that you and your parent (or guardian) have indeed read, understood, and agreed to comply with such modifications or changes.
Service Usage Standards
1. Definitions
The Service. Refers to the service provided by the Company where members distribute their musical works, sound recording works, or audiovisual works (collectively referred to as "Authorized Content") to Digital Distribution Platforms, and the revenue generated from the distribution of such Authorized Content is split with the member according to an agreed ratio.
Digital Distribution Platforms. Refers to platforms providing various digital distribution services, including but not limited to iTunes, Apple Music, Spotify, KKBOX, YouTube Music, Tencent, NetEase Cloud, etc.
Soundscape Platform. A platform developed by the Company and licensed to members to facilitate the provision of the Service. The functions of the Soundscape Platform will be opened based on the user's status and permissions (including but not limited to General Members and Distribution Service Members). Members may use this platform for:
a. Editing and management of individual member accounts.
b. (Distribution Service Members only) Uploading, editing, and management of Authorized Content and its related materials (including but not limited to artist, song title, lyricist/composer, album cover, album description, photos, etc., hereinafter referred to as "Promotional Materials");
c. (Distribution Service Members only) Inquiry of revenue generated from the distribution of the Authorized Content on digital music platforms and relevant reports regarding the royalty split to be received by the member.
d. Other functions provided by the Soundscape Platform.
Member. Refers to a user who has agreed to the Soundscape Platform usage standards and completed the member registration process. Members are categorized into General Members and Distribution Service Members based on whether they meet the conditions specified in these Terms and the Licensing Terms.
General Member. Refers to a member who has completed the registration process and obtained a member account but has not yet signed the Licensing Terms and/or has not yet been approved by the Company to use the Service. General Members may only use the non-distribution-related functions of the Soundscape Platform.
Distribution Service Member. Refers to a member who has signed the Licensing Terms and has been approved by the Company to use the Service (including uploading and distribution of Authorized Content, and inquiry of revenue/reports).
Member Account. Refers to an online account (together with a password) provided by the Company to you upon completion of the registration process. Members may log in to and use the Soundscape Platform using their member account and password. The Company reserves the right to refuse anyone's registration as a member without stating any reason; furthermore, whether the Service can be used (becoming a Distribution Service Member) remains subject to the signing of the Licensing Terms and approval by the Company.
Service Provision Period. Refers to the period from the date the member completes registration and obtains a member account until the date the member account is closed. However, Authorized Content (including uploading, distribution, and revenue/report inquiry) shall only be activated after the member has signed the Licensing Terms and been approved by the Company (becoming a Distribution Service Member).
2. User Responsibilities and Obligations
The Company authorizes you to use the Soundscape Platform, but you must strictly comply with these Terms and all standards related to the Service. In the event of any violation detected by the Company, the Company may suspend or terminate your membership and right to use the Soundscape Platform without notice.
If you have become a Distribution Service Member, you may upload your Authorized Content and Promotional Materials (collectively referred to as "User Content") through the Soundscape Platform. You must warrant that all content you provide is (i) original and owned by you, (ii) free from infringement of any third party’s intellectual property rights, or (iii) duly authorized by the relevant rights holders, and you shall be responsible for the consequences arising from the content you upload. General Members may not create work drafts or upload any Authorized Content, Promotional Materials, or other User Content on the Soundscape Platform.
If you have become a Distribution Service Member, uploading User Content to the Soundscape Platform signifies your agreement to authorize the Company to reproduce, publicly perform, publicly broadcast, publicly transmit, adapt, edit, and handle other matters related to digital distribution as defined by the Copyright Act of the Republic of China, in accordance with the Company’s Authorization Agreement.
If the Company receives a report that the User Content you uploaded infringes upon the intellectual property rights of others, the Company has the right to delete such User Content. The Company reserves the right to delete content without prior notice.
When using the Soundscape Platform, you shall abide by internet etiquette and relevant laws and regulations, and shall not engage in the following behaviors:
Reproducing, altering, selling, licensing, assigning, or utilizing the Soundscape Platform for any commercial or unlawful purposes;
Uploading User Content that involves abuse, defamation, harassment, bullying, infringement of others' reputation, indecency, pornography, violence, offensiveness, or other violations of laws or public order and good morals;
Uploading links to illegal information, including but not limited to pirated software, illegal file downloads, sales of firearms, drugs, prohibited substances, false or misleading information, incitement to crime, or other prohibited information, as well as prank content or computer viruses;
Abusing the reporting channel or submitting false reports or objections;
Uploading content or any form of files that infringe upon others' trademark rights, copyrights, patent rights, or other intellectual property rights or rights;
Uploading personal data (including but not limited to real names, phone numbers, addresses, etc.) or private information (such as diaries, letters, personal photos, etc.) of a person without their consent;
Performing any modification, reverse engineering, decompilation, or disassembly of the Soundscape Platform; preventing or obstructing other members from using the Soundscape Platform; spreading viruses or other programs sufficient to damage others' computer operations via the Soundscape Platform; or
Other behaviors judged by the Company to be in violation of these Terms.
Obligation to Provide Authentic Data. If you choose to register as a member, you agree to fill in your correct, complete, and truthful personal data at the time of registration. If the registered data changes afterwards, you may update it online at any time. If the personal data you filled in is untruthful, or if the originally filled data is no longer truthful and has not been updated, or if there is any suspicion of misleading, the Company has the right to suspend or terminate your membership and right to use the Soundscape Platform at any time. If the data you provide is not your own or is incorrect information, resulting in the Company's inability to contact you or causing damage to the rights of third parties, you shall bear all legal and ndemnification obligations arising therefrom.
Member Account Custody Obligation.
Your member account is for your personal use only, and the Soundscape Platform may only be used in accordance with these Terms. It shall not be illegally reproduced, distributed, sold, publicly transmitted, or provided to any other third party for use in any other way.
You have the obligation to properly keep your member account, password, and other relevant information, and shall be responsible for all actions and transactions conductedafter logging into the system with this member account, including but not limited to any resulting fees.
If you find that personal data in your member account is being used illegally by others or there is any abnormal usage situation, you should notify the Company immediately and seek appropriate legal channels to protect your personal rights; when necessary, the Company will ask you to provide relevant personal data and has the right to manage the usage permissions of the disputed account.
If the account or password is used illegally by others due to your negligence in custody or your consent for a third party to use your member account, causing damage to the rights of the Company or others, you shall bear all legal liability and indemnification obligations arising therefrom..
The Company may take any necessary measures to prevent you from using the Service and the Soundscape Platform in a manner prohibited by the Company's relevant terms or laws and regulations.
3. Privacy and Personal Data Protection Policy
The Company attaches great importance to the protection of personal data of all members and may use cookies or other similar technologies to provide, maintain, and improve the Soundscape Platform and the Service; relevant content is detailed in the Privacy Policy (https://legacy.soundscape.net/privacy), which constitutes a part of these Terms.
4. Licensing Terms
Unless otherwise agreed between you and the Company, to use the Service, you must read in detail and comply with the Licensing Terms formulated by the Company, which also constitute a part of these Terms.
5. Intellectual Property Rights
The intellectual property rights of the Soundscape Platform provided by the Company, including its system, software, content, text files, and any encoding (whether stored on disk, readable storage media, or any other media), belong to the Company or third-party licensors. The Company only authorizes you the right to use; for the avoidance of doubt, rights not explicitly granted to you by the Company in these Terms are reserved by the Company.
The services, software, content, and technology of the Company's Soundscape Platform are protected by relevant laws in various licensed regions. You shall not remove or change any copyright management information (CMI), technological protection measures (TPMs), or other rights (including but not limited to patent rights, trademark rights) or software markings contained in the services, software, and content of the Soundscape Platform.
6. Reporting and Objections
If you find anyone infringing your copyright or other rights through the Service or the Soundscape Platform, you may submit a report to the Company. The reporting process is as follows:
You may report to the Company through the Soundscape Platform or by email. If you are an agent of the copyright owner or an agent of an exclusive licensee, please simultaneously submit a power of attorney from the copyright owner or proof of exclusive licensing.
After the Company confirms that the reporting documents are correct, it will immediately take down the content involving infringement. If the Company notifies you to supplement the reporting data, you should complete the relevant data within 5 working days after receiving the Company's notice; otherwise, the report will not be established.
If the reported party submits an objection, the Company will notify you of the content of the objection as soon as possible. If you fail to provide evidence of pending litigation within 10 working days from the receipt of the Company's notice, the original content involving infringement will be restored.
If you are notified that the content you uploaded on the Soundscape Platform has been taken down due to a copyright infringement report and you wish to restore that content, you may submit an objection to the Company. The objection process is as follows:
You may submit an objection to the Company by email. If the Company notifies you to supplement the objection data, you should complete the relevant data; otherwise, the objection will not be established.
If the objection is established, the Company will immediately notify the reporter. If the reporter fails to provide evidence of pending litigation within 10 working days after the arrival of such notice, the Company will restore your content as soon as possible.
7. Others
If you find any user's content provided in the Service or the Soundscape Platform involves a violation of laws or these Terms, you may submit other reports to the Company by email.
General Provisions
1. Limitation of Liability
Any information, content, software, or services provided by the Company for the Service are provided "as is" based on the functions and status of each such service at that time. Regarding connection interruption, delay, or defects related to communication, the Company assumes no warranty or guarantee responsibility for the form or content of the service.
Except where expressly prohibited by law, under no circumstances shall the Company and its licensors be liable for any damages for loss, including losses arising from the use or inability to use the Soundscape Platform, or other direct, indirect, accidental, special, or consequential losses (including but not limited to damages or loss of business profits, business interruption, loss of business information, and any other monetary losses).
The Company shall not be liable for any defects and damages caused by the intentional or negligent acts of content providers, hardware vendors, third-party service providers, and other users.
2. Amendment and Termination of Services
The Company reserves the right to modify these Terms at any time. The modified terms shall take effect upon being announced on the Company's website, and the Company will not individually notify members. If you continue to use this system after the Company modifies the terms of service, it means you have accepted the regulation of such modified terms.
The Company may modify, suspend, or terminate the usage permission of specific services and software provided under these Terms at any time.