Terms of use of the Freesound API

These terms apply to API Users requesting and using access to the Freesound API, as defined below. To use the Freesound API under these terms, you need to register as a Freesound User and these terms are supplemental to and incorporate the Freesound platform terms of service and any specific terms you may agree with UPF for use of the API.

The API is provided by Universitat Pompeu Fabra, through its Music Technology Group (UPF or “we/us”).

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0. Definitions

Some definitions to help understand these terms
API User (also “you”): person who is granted access to the Services hereunder via the Freesound API.
Application: your software system that accesses the Platform via the Freesound API.
Content: content (sounds, metadata, API User information, etc.) available on Freesound through the Services, either in whole (the whole Freesound database) or in part.
Content Licenses: license/s under which each item of Content is made available to API Users and may be used by them.
Freesound: project of the Music Technology Group at the Universitat Pompeu Fabra for the storing and making available to the public of sounds under Creative Commons licenses.
Freesound API: computer interface for accessing the Freesound Services using data processing technology (information systems) rather than manual access.
Platform: technology (including software and databases) and internet platform for hosting the Content and providing the Services.

1. License

Provided you comply with these terms and subject to the restrictions set forth herein, UPF, as operator of Freesound, grants API User a non-exclusive, non-transferable, and non-sublicensable (except as expressly permitted herein) license to use the Freesound API solely to do the following: You may use the API to access Freesound, so long as you comply with these conditions.
    a) Enable your Application to interact with Freesound’s databases to retrieve Content necessary to facilitate permitted use of Services through your Application;

    b) Make limited intermediate copies of Content only as necessary to perform an activity permitted under these terms. Without prejudice to any Content License terms, all intermediate copies (of the whole database, if made) should be deleted when they are no longer required for the purpose for which they were created;

    c) Process, analyse, rearrange, reorganize or present Content within your Application, in accordance with the applicable Content license/s.
Use of the API is for interaction with your application only. Do not make full copies of the database.
Unless otherwise agreed with Freesound, the license is temporary and may be withdrawn by Freesound at any time. API use is discretionary and we may cancel your use on notice to you.

2. Access Keys

We will provide you with Access Keys that permit your Application to access the Platform using the Freesound API. You will be provided with one Access Key per Application. The Access Keys are our property and may be revoked if you share them with any third party (other than as allowed under this Agreement), if they are compromised, if you violate any term of this Agreement, or if we terminate this Agreement. You will only access (or attempt to access) the Freesound API by your Access Keys and the means described in the API documentation. You will not misrepresent or mask either your identity or your Application’s identify when using the Freesound API or your account. To use the API with Freesound, you may only use the access credentials that we provide you. You must keep these credentials safe and use them in a transparent manner.

3. Freesound API Call Limitations and financial conditions

The number of Freesound API calls you will be permitted to make during any given period may be limited. Freesound will determine call limits based on various factors, including the ways your Application may be used or the anticipated volume of use associated with your Application. In particular but without limitation, in the event your Application adversely affects operation of the Platform, we may limit the volume of use. We shall use reasonable efforts to provide you prior notice of this limitation. We may limit the number of calls and other use you make of Freesound via the API.
In addition, for users with a free (non-paying) access license, Freesound may decide on new economic conditions of use of the Freesound API, particularly in the event of repeatedly exceeding the call limits. We will notify you of this, and you must comply with these conditions if you continue to use Freesound API thereafter. Terms for commercial use of the API will be negotiated on a case by case basis with UPF, including limits regarding the volume of use of the Platform. We may charge for this service in the future.

4. Restrictions

API User will use the Freesound API only as permitted by law (including without limitation laws regarding intellectual property rights, the import or export of data or software, privacy, or other local laws). Your use of the API must comply with these terms and the law.
You will not facilitate or enable others to: This is a list of things you will not do.
    a) Distribute, publish, or allow access or linking to the Freesound API or Content from any location or source other than your Application.

    b) Enable or permit use or disclosure of Services other than as authorised under this Agreement.

    c) Use, copy, store, transform, redistribute or communicate, or commercialize (that is, sell, rent, trade or lease), Content in breach of the Content Licenses;

    d) Use, copy, distribute or modify the API or Content in any "service bureau" or "timesharing" business to end users that are not logged on to the Platform with valid user credentials and live session;

    e) Access Freesound platform for any other purposes other than retrieval of Content to which you are authorised to obtain.

    f) Use robots, spiders, scraping or other technology to access or use Content, Platform or Services in general, build similar databases or obtain any information beyond what Freesound provides to you under these terms.

    g) Use the Freesound API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage or otherwise fails to comply or is inconsistent with any reasonable instructions or policy published by Freesound operators.

    h) Sublicense the API for use by a third party, e.g. by creating an Application that functions substantially the same as the Freesound APIs and offer it for use by third parties.

    i) Use the Freesound API to: (i) to encourage or promote illegal activity nor infringe on UPF or UPF licensors’ or any third party copyright, patent, trademark, trade secret or other property rights, or rights of publicity or privacy; (ii) transmit any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; or (iii) interfere, disrupt or attempt to use Freesound Technology to gain unauthorized access to any computer system, server, network or account for which it does not have authorization to access or at a level exceeding its authorization; or (iv) in general create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

5. Suspension/termination

In the event of any breach by API User of the restrictions set out herein, we will provide you notice of the same, and if it is not corrected within seven (7) days, we may (i) suspend all API access rights and other Services provided to you or, in the event this does not prevent a breach, terminate the Agreement. In the event any such breach causes immediate material harm or significant risks, as determined by us, to the Platform or Services, we may immediately suspend all access rights and other services to any breaching party, provided that we shall provide you with immediate notice of such suspension. We will resume services hereunder when such breach is remedied and all issues related thereto are resolved, without prejudice to its right to terminate this Agreement. If you don’t comply with these terms, we may suspend your access or revoke your license. Usually we provide notice, but if you create any risks, this will be immediate.
In addition, we may suspend or terminate your Freesound API access (a) if we are required to do so by law; (b) when applicable, when your Freesound API license has expired or been terminated; or (c) as determined by us in our reasonable good faith judgment, when providing such access to the Service could create a substantial technical or economic burden or a security risk. We may also suspend your access if we have to (by law) or when it is technically necessary.

6. Modification of the Freesound API, Platform and Services/these terms.

We may modify the Freesound API, permitted API calls, its databases, the Freesound Platform or Services and permitted uses of the same under this Agreement, or any of the benefits and/or features provided in connection with your use of the Freesound API at any time. We may change these terms and the configuration of the Freesound database and/or API at any time.
We will provide one (1) month’s written notice to your designated contact of any such modifications that may affect your Application. These changes may require you to make changes to your Application at your own cost, so as to continue to be compatible with or interface with the Freesound API or the Platform and/or Services. Otherwise, we give 1 month's notice, and ongoing use means you accept the changes.

7. Service levels / no warranty / liabilities

No warranty. We make reasonable efforts to maintain the availability and functionality of the Platform and Services. These are works in progress, and except as established by mandatorily applicable law, your use of the Platform and Services via the API, including any Content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. This is a R+D project, a work in progress. We give no warranties regarding API use.
Liability limitation. To the extent permitted by law, in no case is UPF, its licensor or licensees, affiliates nor its sponsors are responsible or liable for any direct or indirect, consequential loss, including without limitation, damages, loss of profits, loss of business goodwill or reputation, business interruption, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the Platform and Service; (ii) unauthorised access to or alteration of your transmissions or data; or (iii) statements or conduct of any third party on the Platform / Service. This limitation will not apply in the event of fraud on willful misconduct on the part of UPF. We also accept no liabilities if you cannot access the platform, if there is any unauthorised use of the API, or regarding third party content.
Indemnification. You agree to indemnify us, and our legal representatives, professors, investigators, employees and other staff against any direct or indirect loss, liability or cost (including legal fees) arising out of (a) your breach of any of these Terms (including the Freesound Platform Terms of use) or of any applicable laws, rules or regulations or any third party rights in connection with your use of the Platform and/or Services or (b) misuse or your end user's misuse of the Freesound API. You will compensate us if you cause any damage through misuse or breach of these terms.

8. Contact and notifications

You agree to receive our email notifications related to the Platform and Services. We will not share your email with 3rd parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Sites or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. Your personal details are processed in accordance with the our Privacy Policy set out in the Freesound Terms of Service. We may send you email notifications. You personal data are processed according to our privacy policy.


B. Freesound API Security Standards

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API User will comply with the following API Security Standards (“Security Standards”): Security is essential. You must follow these rules

1. Security Audits

1.1 Audit. We reserve the right to periodically audit the Platform to ensure compliance with the requirements of this Exhibit. Non-intrusive network and application security scans may be performed randomly without prior notice. We may check periodically if you are using the platform and API correctly.
1.2 Audit after a Security Breach Incident. For purposes of these Security Standards, a “Security Breach” is defined as a breach of security of your Application, systems or site where Content has been accessed or acquired by an unauthorised person. In the event of a Security Breach, we may suspend or terminate your access to the Freesound API and Content and we may conduct a security audit. In the event of any security breach, we may suspend or terminate your use and audit use.
1.3 Freesound Results and API User Response. We may provide you with detailed results of any security audit performed by Freesound pursuant to these Security Standards. You will be granted thirty (30) days to resolve any issues we have identified through a security audit. Should you fail to resolve such identified issues, we may immediately suspend or terminate your access to the Freesound API and Content without notice. You will usually be given 30 days period to correct any issues arising out of a security audit.

2. Security Incidents and Response

2.1 Notification and Timing. Notwithstanding any other legal obligations you may have, you agree to immediately notify us in writing upon your discovery of a Security Breach. You agree to use commercially reasonable efforts to notify us of API User’s detection of a Security Breach no more than twenty-four (24) hours after detection of a Security Breach. Notwithstanding the foregoing, under no circumstances will more than two (2) days pass between your detection of a Security Breach and us being notified. You will notify us if you notice a security breach.
2.2 Notification Format. Your notification of a Security Breach in accordance with the requirements set forth above will take the form of an email to us at click-to-reveal@freesound.org. Such notification email will include: a problem statement, expected resolution time (if known), and your name and phone number that we can contact to obtain incident updates. Please send notices to click-to-reveal@freesound.org.

3. Security Precautions: Best Practices

You agree to adhere at all times to reasonable security practices, as specified in current industry literature on topics relevant to your interaction with Freesound and the Platform and Services. In the event such best practices conflict with these Security Standards, you will comply with these Security Standards. You will apply industry standard security practices.

4. Data Security: Data Storage

You agree to maintain reasonable safeguards to protect the security of the following information, whether provided by us directly to you or obtained from us and/or the Platform through the Freesound API: You will safeguard the access keys/tokens (credentials) and any user data you process.
    a. Freesound API User Email Addresses
    b. Authentication Tokens / Access Keys
    c. Freesound API User ID
    d. Any other Freesound API User data
Freesound API User IDs used to authenticate access to the Freesound API must be kept secret and confidential and under no circumstances be exposed to the public. If Freesound believes that Freesound API User IDs have been compromised, Freesound reserves the right to immediately terminate access and issue a new Freesound API User ID to API User. You must keep your credentials secret, we may revoke them if we notice any breach.