1. Use of White Label API
b. Registering Your App. To access the White Label API, you will first need to contact [email protected] After creating your account, we will issue you a client ID and client secret. Your client ID is required for all calls to the White Label API.
c. Security of Your Client Secret. Make sure you look after your client secret. If your client secret is lost or stolen, or if you believe that your client secret has been used without your permission, contact us immediately at [email protected]
a. Changes to the API. We may in our sole discretion modify or update the White Label API from time to time. We will try to ensure, as far as possible, that future version(s) of the White Label API are backwards compatible with at least the most recent previous version, but cannot guarantee that this will always be possible. You should adapt your app to use the most up-to-date version of the White Label API promptly following a new release.
3. Content and Privacy
a. User Content. Remember, it's not your content. It's not White Label or SoundCloud Limited’s (“SoundCloud”) content. All audio, text, images, comments and other data or information associated with user accounts on the White Label platform ("User Content") is owned by the SoundCloud user that created or uploaded it (the "Uploader"), and you must respect their rights at all times. Misuse of User Content may constitute copyright infringement and result in action being taken against you by the Uploader or other copyright owner.
i. White Label does not grant you any rights in User Content, and you must not claim or attempt to claim ownership of any User Content, misrepresent yourself, your company or your app as being the source of the User Content, or attempt to use, license or exploit any User Content on your own behalf or on behalf of any third party (other than the Uploader and with their express permission). When displaying or distributing User Content via your app, you must ensure that such User Content is always correctly attributed to the Uploader (see the section entitled Attribution and Branding below).
ii. You must always respect the usage restrictions set by Uploaders, and in particular, you must not do any of the following things (or authorize or allow others to do them):
• access, distribute, make available or use any User Content for which API access has not been enabled by the Uploader, or any User Content that has not been made publicly available by the Uploader, (other than User Content residing in an account to which your app has authenticated access);
• modify any User Content (including adaptation, editing, excerpting, or creating derivative works) unless the Uploader has specifically and expressly indicated his/her consent to that modification (for example, by selecting a Creative Commons license that permits creation and distribution of derivative works); or
• attempt to circumvent any time or territorial restrictions set by the Uploader with respect to any User Content.
iii. You must not use the White Label API to ‘rip’ or capture any User Content from any part of the SoundCloud platform, or use the SoundCloud API to circumvent any usage restrictions or content protection measures imposed by any Uploader with respect to User Content on the SoundCloud platform.
iv. All User Content available over the SoundCloud API has been created and uploaded by users. We expect all White Label users only to upload content to which they own or control the relevant rights (see the section below entitled Liability for User Content). Regardless of any permissions set by any Uploader with respect to any User Content, you must not use the SoundCloud API, or any User Content accessible via the SoundCloud API, for any of the following purposes:
• to create a page, profile, channel or other online presence dedicated to one or more specific artists or set of repertoire;
• to create any kind of alternative digital content service, including: any service that aggregates and streams User Content from multiple users into an on-demand listening service, or any playback experience which aggregates and streams User Content with content from other services (e.g. SoundCloud with YouTube);
• to incorporate, synchronize or use User Content with or into any advertisement, game, video, film or other audiovisual work, or any other application, unless you’ve obtained all relevant licenses, including synchronization licenses, from all relevant rightsholders;
• to create any app that uses any User Content in any way that creates or implies any direct association or endorsement between the app and any Uploader, User Content or other rightsholder;
• to create any webcasting radio app;
• to create any app that uses User Content, other than your own User Content, in association with contests or promotions;
• to create any app that endorses or supports any political position, candidate for political office or any religion; or
• SoundCloud Go Content.
c. Caching and Downloading. Your app must not include file-save functionality, or otherwise designed to cache, download or persistently store any User Content. Your app may employ session-based caching, but only to the extent reasonably necessary for the operation of your app during that session, and any cached content must cease to be available, accessible or playable within your app at the end of that session. If any Uploader changes their settings with respect to any item of User Content (for example, by removing that item of User Content from the platform, or by disabling API access), you must ensure that your app reflects and respects such changes as soon as reasonably possible. Except for session-based caching referred to above, your app must not offer offline access to any User Content including, in the case of audio User Content, as permanent downloads or temporary downloads for offline listening, regardless of whether Uploaders have set that User Content as allowed to be downloaded on the SoundCloud platform.
e. Usage and Quotas. We reserve the right, at our discretion, to impose restrictions and limitations on the number and frequency of calls made by your app to the White Label API. You must not attempt to circumvent any restrictions or limitations that we impose.
4. Attribution and Branding.
a. Attribution. When displaying or streaming User Content, you must ensure that your app:
i. credits the original Uploader as the creator of that User Content;
ii. credits SoundCloud as the source of that User Content;
iii. includes (in the case of web pages and mobile web pages) clearly visible backlinks from the relevant sounds within your app to the URL for the relevant sound on SoundCloud; and
b. Naming Your App. You must not use any White Label, Noon Pacific, or SoundCloud logos, or any similar mark, as the name or part of the name of your app (for example, "Noon Pacific, Noon Eastern, Noon Central, etc."), or as part of any logo, icon or branding for your app.
c. Domain Names. You must not operate your app from any domain that includes the word "whitelabel" or “noonpacific” or any obvious derivation or misspelling of the word "noon pacific", or from any domain that is likely to cause an end user to believe that your app originates from, or is endorsed by White Label or Noon Pacific.
d. Press and Publicity. You must not issue any press release or similar public announcement regarding your app that makes any reference to White Label, Noon Pacific or SoundCloud without our prior written consent. If we choose to feature your app in our app gallery (which we don't guarantee to do), you agree that we may use the name of your company and/or the name and logo of your app for this purpose. We may also use your company and app name and logo in presentations, reports, case studies, marketing materials and similar documentation for as long as you make use of the White Label API.
5. Other Legal Terms.
a. Ownership. Everything related to the White Label API is owned by White Label. You hereby acknowledge that, as between you and White Label, all rights, title and interest, including without limitation, all intellectual property rights, in and to the White Label API, any and all documentation provided by White Label in connection therewith, the White Label platform and the White Label logo, are owned by White Label.
d. Representations and Warranties. You hereby represent and warrant to White Label as follows:
i. You have the right to distribute and make available your app to end users thereof, and your app and end users' use of your app in compliance with your app's terms of service (if any), does not and will not infringe or violate the rights of any third party or any applicable law, rule or regulation.
ii. You have obtained, and will maintain throughout all periods during which you make use of the White Label API, any and all licenses, consents, permissions and/or clearances necessary in order for you to develop, implement, operate, distribute, make available and support your app, and to enable end users to use your app (e.g. any synchronization licenses that may be necessary if you are combining User Content with visual media output such as video or images, and any public performance licenses with respect to any copyrighted music made available via your app).
iii. You will comply with all applicable laws in connection with your use of the White Label API and all User Content and Personal Data accessed thereby, including without limitation, all applicable intellectual property and data protection laws in all relevant jurisdictions.
iv. You will not use the White Label API or any User Content or Personal Data for any purpose that is fraudulent, illegal, libellous, defamatory, offensive, discriminatory or in any way that promotes, solicits or condones the infringement of intellectual property rights, or otherwise brings White Label into disrepute.
f. Limitation of Liability. Any liability that White Label does have will exclude the things listed below. White label and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for any loss or damage arising from:
ii. your inability to access or use the White Label API, or to access any user content, personal data or the White Label platform via the White Label API;
iii. any changes that White Label may make to the White Label API or to the White Label platform or any part thereof, or any temporary or permanent suspension or cessation of access to the White Label platform, the White Label API or any or all user content or personal data in or from any or all territories;
iv. any removal by the Uploader, White Label or any authorized third party of any particular item of user content from the White Label platform, or any changes made to the availability of such user content or the use permitted to be made of that content over the White Label API;
v. any action taken against you by any user or third party rights holders with respect to your access to or use of any user content or personal data via the White Label API, or any action taken as part of an investigation by White Label or any relevant law enforcement authority regarding your use of the White Label API or any user content or personal data accessed thereby;
vi. any errors or omissions in the technical operation of the White Label platform or the White Label API, or from any inaccuracy or defect in any user content or personal data;
vii. your failure to provide White Label with accurate or complete information, or your failure to keep your username, password or client secret suitably confidential;
viii. 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
g. Ownership. Everything related to the White Label API is owned by White Label. You hereby acknowledge that, as between you and White Label, all rights, title and interest, including without limitation, all intellectual property rights, in and to the White Label API, any and all documentation provided by White Label in connection therewith, the White Label platform, the Noon Pacific logo and the White Label logo, are owned by White Label.
i. Termination. Either party can terminate use of the White Label API as described below:
iii. On termination, all rights granted hereunder shall cease. You shall immediately cease all use of the White Label API, shall remove any and all Noon Pacific and White Label logos from your app or any advertising, marketing and promotional materials related thereto, shall destroy all Confidential Information, and shall delete all User Content and Personal Data.