Terms of Use

Welcome to Email Unlock, an application provided by SoundCloud Limited (“SoundCloud”, “we” “our”, “us”).

Acceptance of Terms of Use

These Terms of Use constitute a legally binding agreement (the “Agreement”) between you and Deep House Amsterdam/London in relation to your use of the Application. By using the Application, you accept these Terms of Use and represent and warrant to Deep House Amsterdam/London that: (i) you have read and understood these Terms of Use and will abide by them.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page for any updates prior to each use of the Application.

Description of Email Unlock

Email Unlock is an application that enables you to download available audio content for free in exchange for entering your e-mail address, providing Deep House Amsterdam/London with the agreement to send email marketing messages to you.

We may, from time to time, release new features and functionality for the Application. Any new features and functionality will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific features or functionality.

Your Use of Email Unlock

Subject to your strict compliance with these Terms of Use, Deep House Amsterdam/London grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Application for the following purposes:

(i) In exchange for a free download of audio content we are allowed to send out email marketing messages to you from our side and relevant third parties; and

Data Protection and Privacy

Your Data

We hereby acknowledge, accept and agree that: (i) your use of the Application will involve the collection of email addresses of individual consumers (“Data”), and (ii) such Data is/are personal data and/or personally identifiable information of such consumers. As such we hereby represent, warrant and undertake to you as follows:

(i) In connection with our use of the Data, we will implement, publish and maintain an effective privacy policy that accurately reflects our practices with respect to the collection, storage, transfer, use or other processing of Data, specifically discloses the fact that SoundCloud is collecting Data on our behalf, and complies with all applicable law to which our use of the Application and our processing of Data is subject.

(ii) We will ensure that a link to our privacy policy is prominently displayed whenever and wherever Data is collected, and that consumers’ informed consent is obtained to all processing that we intend to carry out with respect to Data collected as a result of such consumers’ access to our Content via the Application.

SoundCloud will collect and store the Data submitted by consumers. SoundCloud will send an email to consumers to validate their email address, and when such email addresses are confirmed, SoundCloud will make those confirmed email addresses available to you to export from the Application. Once these email addresses are exported, SoundCloud will delete the email addresses and are only in our Deep House Amsterdam/London database.

We hereby acknowledge and agree that, for the purposes of the European Data Protection Directive 95/46/EC as implemented by relevant national law, we are the “data controller” and SoundCloud is the “data processor” with respect to Data. SoundCloud will only process Data in accordance with our instructions (this Agreement constituting those instructions), and will employ commercially reasonable technical and organisational security measures to protect against any unauthorised processing of Data, and accidental loss or destruction of such Data. SoundCloud may from time to time appoint one or more sub-processors to carry out processing activities on SoundCloud’s behalf.

Disclaimer

(all the below under ‘Disclaimer’ withheld by Soundcloud is also applicable for Deep House Amsterdam/London)

The application is provided “as is”, “as available”, and “with all faults”.

Whilst soundcloud uses all reasonable endeavours to correct any errors or omissions in the application as soon as practicable once the same have been brought to soundcloud’s attention, soundcloud make no guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the application or any part or parts thereof or any default privacy statement applied by soundcloud in the absence of a privacy policy applied by you. Soundcloud does not warrant that your use of the application will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the application, any part or parts thereof, or the servers on which the application operates are or will be free of viruses or other harmful components.

Soundcloud and its subsidiaries, affiliates, successors and assigns, and their respective employees, agents, directors, officers and shareholders specifically disclaim all of the foregoing warranties to the fullest extent permitted by law, together with any express or implied warranties regarding non-infringement, merchantability, fitness for a particular purpose and compliance with applicable law.

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

If you are dissatisfied with the application, your sole and exclusive remedy is to discontinue using the application.

Deep house amsterdam/london and its subsidiaries, affiliates, successors and assigns, and their respective employees, agents, directors, officers and shareholders shall have no liability for:

(i) any loss or damage arising from:

(a) your inability to access or use the application or any part or parts thereof;

(b) any changes that soundcloud may make to the application or any part or parts thereof;

(c) any errors or omissions in the technical operation of the application, or from any inaccuracy or defect in any part of the application;

(ii) any loss or damage to any computer hardware or software, any loss of data, or any loss or damage from any security breach; and/or

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the application must be filed within one (1) year after such claim or cause of action arose.

Termination

You may terminate this Agreement at any time by ceasing your use of the Application.

Additional Terms

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.

this Agreement is subject to the laws of the Federal Republic of the Netherlands, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and

you hereby agree, and SoundCloud agrees, to submit to the exclusive jurisdiction of the courts in The Hague, Netherlands for resolution of any dispute, action or proceeding arising in connection with this Agreement.

Date: September 2014

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