Acceptable Use Policy

1. Scope

This Policy applies to all Sellers, and to all Content and Items made available through the Service. It supplements, and does not replace, the Content Rules in the Terms of Service. Where this Policy and the Terms of Service address the same subject, both apply. A breach of this Policy is a breach of the Terms of Service.

The Company may also apply this Policy to Customers where their conduct on the Service, including comments and order communications, falls within it.

2. Rights in What You Sell

You must own, or have obtained all necessary rights, licenses, consents, and permissions in, everything you offer through the Service. This includes sound recordings, underlying compositions, samples, stems, remixes, artwork, photographs, logos, trademarks, and any person's name, image, voice, or likeness.

You may not offer bootlegs, unauthorized live or broadcast recordings, unauthorized remixes or edits, or any recording released under another person's name without their permission.

Where you apply a license to a sound, including a Creative Commons license, you must be entitled to grant it, and the license you select must accurately describe the terms you are offering.

You may not impersonate another artist, label, or rights holder, and you may not present your Channel in a way that is likely to cause confusion with theirs.

3. Prohibited Content

You may not upload, post, offer, or otherwise make available through the Service any Content that:

• promotes, glorifies, or incites hatred, discrimination, or violence against a person or group on the basis of race, ethnicity, national origin, immigration status, religion, caste, disability, serious disease, age, sex, gender, gender identity, or sexual orientation;
• promotes, celebrates, or provides support for Nazism, white supremacy, or any other violent supremacist ideology, or displays the iconography of such a movement other than for clear documentary, educational, or critical purposes;
• promotes, celebrates, or provides support for terrorism or violent extremism, or for any organization designated as a terrorist organization;
• incites, threatens, or glorifies violence against any person or group, or celebrates a violent crime or its perpetrator;
• promotes, instructs in, or otherwise facilitates unlawful activity;
• sexually exploits or abuses a minor, or sexualizes a minor in any way;
• depicts or promotes sexual activity without the consent of a person depicted, including intimate images shared without consent;
• harasses, bullies, threatens, or intimidates another person, or discloses another person's private information, including a home address, telephone number, or identity document, without their consent;
• is deliberately false or deceptive in a way that is likely to cause harm, or that misrepresents the origin, authorship, or nature of an Item; or
• contains malware, or is designed to disrupt, damage, or gain unauthorized access to any system or data.

Content that sexually exploits, abuses, or sexualizes a minor is prohibited absolutely. The Company will remove such Content, terminate the account responsible, and report it to the National Center for Missing and Exploited Children and to law enforcement as required by law.

Music and artwork often engage with violence, drugs, crime, sex, and extremism as subject matter. This Policy is directed at Content that promotes or endorses those things, not at Content that depicts, documents, criticizes, or reflects on them. The Company decides on which side of that line a work falls, and its decision is final.

4. Prohibited Goods and Offers

The following may not be listed, sold, or delivered through the Service, whether as a collectible, as part of a bundle, or otherwise:

• controlled substances, drugs, drug precursors, and drug paraphernalia;
• tobacco products, nicotine products, vaping products, and alcohol;
• weapons, firearms, firearm parts, ammunition, explosives, and instructional material for making them;
• counterfeit, replica, or otherwise infringing goods, and unauthorized merchandise bearing a third party's trademarks;
• stolen goods, or goods obtained unlawfully;
• human remains, human body parts, and bodily fluids;
• protected or endangered species, and products derived from them, including ivory;
• prescription medicines, medical devices, supplements, and any product marketed with unapproved health, therapeutic, or curative claims;
• lotteries, raffles, sweepstakes, gambling, and games of chance;
• securities, investment instruments, currency, precious metals, and offers of financial return;
• multi-level marketing, pyramid, matrix, and other get-rich-quick schemes;
• personal data, mailing lists, and contact databases;
• account credentials, access keys, license keys, pirated software, and cheat or circumvention tools;
• government-issued identification, official documents, uniforms, and police or military insignia;
• hazardous materials, recalled products, and items subject to a safety prohibition; and
• adult services, escort services, and any offer of sexual services.

Any Item whose sale is unlawful in the Seller's jurisdiction or in the Customer's jurisdiction, or which the applicable Third-Party Payment Provider restricts, is prohibited whether or not it appears in the list above.

5. AI-Generated Content

This Policy does not prohibit the use of generative artificial intelligence tools. It requires that their use be disclosed, so that Customers can decide for themselves what they want to buy.

You must tell the Company, when you list an Item, where that Item was created in whole or in part using generative artificial intelligence, and you must keep that disclosure accurate if the Item changes. Disclosure is required for, among other things:

• a track, set, stem, loop, or sample produced by a text-to-music, audio generation, or similar model;
• a vocal produced by voice synthesis or by a voice model, including any model trained on a real person's voice;
• an instrumental part, arrangement, or melody generated rather than performed or composed by a person; and
• cover art, promotional images, or listing artwork produced by an image generation model.

Ordinary production tools that process audio you recorded or composed do not by themselves make an Item AI-generated, and do not require disclosure. These include stem separation, noise reduction, pitch and timing correction, amplifier and instrument modeling, and mastering assistants, whether or not they use machine learning.

The Company may label Items on the Service as AI-generated, drawing on Seller disclosures, automated detection, and reports from users. You must not remove, obscure, or misrepresent a label the Company applies, and you must not describe an Item as performed, played, sung, or composed by a person where it was generated.

Detection of this kind is imperfect. The Company cannot reasonably determine whether artificial intelligence was used to produce any particular sample, stem, or other element within a track, and the tools used to generate and to detect such Content change continually. The Company does not guarantee that AI-generated Content will always be identified, that every Item that ought to carry a label does carry one, or that any label is accurate, complete, or current. The absence of a label is not a statement by the Company that no artificial intelligence was involved.

Using a generative tool does not relieve you of any obligation in section 2. You must still hold the rights in what you offer, and an Item is prohibited where a model has reproduced a recording, composition, performance, voice, or likeness that you have no right to use. You may not offer Content that imitates the voice or performance of a real person without that person's permission.

Falsely denying that generative artificial intelligence was used, or presenting generated Content as a human performance, misrepresents the origin and authorship of an Item and is a breach of this Policy.

6. Scraping, Automated Access, and AI Training

You may not scrape, crawl, spider, harvest, index, bulk download, or otherwise collect Content or data from the Service by automated means, except by a method the Company publicly documents for that purpose or, in the case of a search engine, in accordance with the instructions the Service publishes for automated crawlers. You may not circumvent any rate limit, access control, watermark, or other technical measure the Company uses to restrict access to the Service or to Content, and you may not access the Service through another person's account in order to do so.

Content on the Service may not be used to train, fine-tune, evaluate, or otherwise develop any artificial intelligence or machine learning model, and may not be included in or used to build any dataset, corpus, or index compiled for that purpose. This applies however the Content was obtained, whether by browsing or streaming the Service, by downloading an Item after purchase, or from a third party, and it applies to Sellers as much as to anyone else: you may not use another Seller's Content to train a model.

Neither the Terms of Service nor any purchase made through the Service grants a right to use Content for the purposes described in this section. Such a right may be granted only by the rights holder, separately and in writing.

The Company may use technical measures to detect and block activity prohibited by this section, and may treat automated collection of Content as unauthorized access to the Service.

7. Payment Providers

Each Seller is the merchant of record for the Items they list. The relationship between a Seller and a Third-Party Payment Provider is the Seller's own, and the Company is not a party to it.

The Company may support more than one Third-Party Payment Provider, and the provider used for a given sale depends on which one the Seller has connected. PayPal and Stripe are two such providers. Sellers must read, accept, and comply with the terms of the applicable Third-Party Payment Provider, including any platform or seller account agreement that provider requires. Sellers must complete and maintain any onboarding, verification, identity, or business status requirement that the provider imposes, and must keep the information held by the provider accurate and current.

A Seller must not list or sell anything that the applicable Third-Party Payment Provider prohibits or restricts, even where this Policy does not name it. Where the provider's rules are stricter than this Policy, the provider's rules apply.

If a Third-Party Payment Provider suspends, limits, closes, or revokes a Seller's account, withdraws a consent granted to the Company, or declines to process a transaction, that is a matter between the Seller and the provider. The Company has no control over those decisions and no obligation to resolve them. The Company may delist or hide Items that can no longer be paid for.

Sellers are responsible for chargebacks, reversals, claims, and disputes raised through a Third-Party Payment Provider, including any fee the provider charges in connection with them. Fees already earned by the Company on a sale are not refunded where a transaction is later reversed.

Sellers must not direct Customers away from the Service in order to complete a transaction outside it, and must not otherwise act to avoid the Company's Fees.

8. Selling Conduct

Listings must accurately describe the Item, including its format, condition, edition size, materials, origin, and what the Customer receives. Do not describe an Item as limited, rare, or numbered unless it is.

Sellers must fulfill the orders they accept, must ship within the timeframes stated in the listing, and must provide accurate shipping and tracking information where they offer it.

Sellers must not purchase their own Items, or arrange for others to do so, in order to inflate sales, chart position, or apparent demand. Sellers must not manipulate follower counts, comments, or other engagement on the Service, and must not use the Service to send unsolicited bulk messages.

9. Refunds, Damaged Goods, and Disputes

Sales of digital Items, including tracks and sets, are presumed final once the Customer has been given access to the download.

Refunds and exchanges on collectibles, and on the physical portion of a bundle, are granted at the Seller's sole discretion. A Seller who advertises a refund, return, or exchange policy must honor it.

Where a Customer reports that a product arrived damaged or defective, was not as described, or did not arrive at all, the Seller must respond to the Customer and make a good faith effort to resolve the matter. Ignoring a Customer, or refusing to engage with a report of this kind, is a breach of this Policy.

Where the Seller and the Customer cannot resolve a matter between themselves, either may escalate it to the Company. The Company may step in to mediate, and may take whatever action it considers appropriate to put the matter right, including removing a listing, or suspending or terminating a Seller's account. Sellers must cooperate with any such review and must provide the information the Company reasonably requests.

10. Customer Information

Sellers receive Customer information in order to fulfill orders, including shipping information and order communications. Sellers may use that information only to fulfill and support the order it relates to.

Sellers must not sell, rent, publish, or otherwise disclose Customer information, must not add Customers to a mailing list or any other marketing channel without their consent, and must not retain that information for longer than they need it. Sellers must handle Customer information in accordance with the data protection law that applies to them.

Communications between a Customer and a Seller are ephemeral and persist only for 60 days after an order is placed. These communications are not private, and neither Customers nor Sellers should divulge personal information beyond what is related to a transaction.

11. Taxes and Legal Compliance

Sellers are responsible for determining, collecting, reporting, and remitting any tax that arises on their sales, and for complying with all laws that apply to their business, including consumer protection, product safety, labeling, import, and export law.

Sellers must comply with applicable trade sanctions and export control law. Sellers must not offer or ship Items to any person, entity, or territory subject to sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control, or otherwise prohibited under applicable law.

12. Enforcement

The Company may act on a breach of this Policy in its sole discretion. Depending on what the Company considers appropriate, it may remove or disable access to Content, delist or hide an Item, restrict access to features, suspend an account, or ban an account permanently. The Company may act without prior notice.

Serious breaches, including any involving the sexual exploitation of minors, credible threats of violence, or terrorist content, will result in immediate termination and, where the law requires it or the Company considers it appropriate, a report to law enforcement.

Reports of Content that breaches this Policy, and requests to take Content down, should be sent to dmca@noise.box. Reports are reviewed by hand. The Company does not commit to a response time, to a particular outcome, or to any appeal process, and its decisions are final.

13. Changes to this Policy

The Company reserves the right to modify this Policy at any time and without prior notice. Any changes will be effective immediately upon posting to the Service, and your continued use of the Service after any such change constitutes your acceptance of the revised Policy. It is your responsibility to review this Policy periodically.

14. Contact

Requests to take Content down, and reports of Content that breaches this Policy, should be sent to dmca@noise.box. Other legal questions may be directed to legal@noise.box.