Welcome to Trackd® (“Trackd”), a service provided by Trident Cloud® Limited (“Trident Cloud”, “we” “our”, or “us”).
• Description of the Platform This provides a general description of the Platform, its features and functionality.
• Your Trackd Account This section explains your responsibilities should you choose to register for a Trackd account.
• Your Use of the Platform This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
• Your Content This section deals with ownership of your content, and includes your agreement not to record or upload anything that infringes on anyone else’s rights.
• Grant of Licence This section explains how your content will be used and the permissions that you grant by recording or uploading your content - for example, the right for other users to listen to or collaborate on your songs.
• Representations and Warranties This section includes important promises and guarantees that you give when recording and uploading content - in particular, your promise that everything you record, upload and share is owned by you and won’t infringe anyone else’s rights.
• Liability for Content This section explains that the Platform is a recording and hosting service and that its users are solely liable for material that they record or upload to the Platform.
• Third Party Websites and Services Through the Platform you may have access to other websites and services. This section explains that these are separate third party services that are not under the control of Trident Cloud.
• Blocking and Removal of Content This section makes it clear that Trident Cloud may block or remove content from the Platform.
• Disclaimer This section explains that Trident Cloud cannot give any guarantees that the Platform will always be available – sometimes even a platform as awesome as ours will have a few problems.
• Limitation of Liability This section explains some of those things that Trident Cloud will not be liable for. Please make sure you read and understand this section.
• Indemnification If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
• In-App Purchases This section tells you about the terms that apply to purchases made via our Apps
• Changes to the Platform, Accounts and Pricing From time to time, we may need to make some changes to the Platform. This section explains your rights in this situation.
• Termination This section explains how you can terminate your Trackd account and the grounds on which we can terminate your use of the Platform.
• Assignment to Third Parties This section deals with Trident Cloud’s right to transfer this agreement to someone else.
• Severability This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
• Applicable Law and Jurisdiction All of our documents are generally governed by English law.
• Disclosures This section provides information about Trident Cloud, including how to contact us.
The Platform is an audio recording, collaboration and hosting service. Registered users of the Platform may record, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by Trident Cloud at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to songs and discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to record, view, listen to and share Content uploaded and made available by registered users.
You are not obliged to register to use the Platform. However, access to the Apps and certain Services is only available to registered users.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Trident Cloud in writing, and should change your password at the earliest possible opportunity.
You may terminate your account at any time as described in the Termination section below.
(i) record, upload and post audio tracks and songs using the Website or Apps;
(ii) collaborate with other users on their songs by recording or uploading audio or providing feedback to a user’s song;
(iii) participate in the community areas and communicate with other members of the Trident Cloud; and
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of the relevant item of Content.
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform or Apps offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(v) You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add friends to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
(vi) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
(vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
(viii) You must not use the Platform or Apps to record, upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
• any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Trident Cloud’s reasonable discretion;
• any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
• any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Trident Cloud’s reasonable opinion;
• any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
• any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.
(ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
(x) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from licensing, selling or otherwise exploiting Your Content outside of the Platform.
(xi) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
(xii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Trident Cloud employee.
(xiii) You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
(xiv) You must not sell or transfer, or offer to sell or transfer, any Trackd account to any third party without the prior written approval of Trident Cloud.
(xv) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you record, upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Trident Cloud.
Trident Cloud does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not record, upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Trident Cloud shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Our Platform allows you to limit and restrict the availability of certain of Your Content to other users of the Public or Platform and to users of Linked Services, at any time using the settings on the Song page for each Song you upload, subject to the provisions of the Disclaimer section below.
Subject to your settings, you hereby grant to Trident Cloud an unrestricted, assignable, sublicenseable, revocable, royalty-free license throughout the universe to reproduce, distribute, transmit, publicly perform, make available to the public and otherwise use Your Content through any media and format now known or hereafter developed for the purposes of (i) providing the Platform and Services, including Trackd’s hosting, sharing and collaboration services; (ii) advertising, marketing and promoting the Platform; (iii) sharing Your Content with third parties and Linked Services, including Trackd users. You also hereby do and shall grant each user of the Platform, and to operators and users of any other websites, apps and/or platforms to which your Content has been shared or embedded using the Platform (“Linked Services”) a non-exclusive, perpetual, worldwide, royalty-free license to access Your Content through the Platform and to use, edit, modify, reproduce, distribute, contribute to, prepare derivative works of, display, perform and otherwise make available Your Content utilizing the features of the Platform and within the parameters set by you using the Platform. If you are a composer of author of a musical work and have affiliated with a performing rights organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through this Agreement to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations.
For the avoidance of doubt, the rights granted in herein to Trident Cloud, its users and Linked Services shall include, but are not limited to, the right to reproduce your sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform your sound recordings (and the musical works embodied therein), all on a royalty-free basis.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost or access another user’s Content, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
You hereby represent and warrant to Trident Cloud as follows:
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
(iv) Your Content, including any comments that you may post on the Website or Apps, is not and will not be unlawful, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
(v) Your Content does not and will not create any liability on the part of Trident Cloud, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
Trident Cloud reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
You hereby acknowledge and agree that Trident Cloud (i) records and stores Content and other information at the direction, request and with the authorisation of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform or Apps, and to the extent permissible by law, Trident Cloud excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
Trident Cloud and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform or Apps by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Trident Cloud or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
If you discover any Content on the Platform or Apps that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages.
If you would prefer to send us your own written notification, please make sure that you include the following information:
• a statement that you have identified Content on Trident Cloud that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
• a description of the copyright work(s) that you claim have been infringed;
• a description of the Content that you claim is infringing and the URL(s) where such Content can be located;
• your full name, address and telephone number, a valid email address on which you can be contacted, and your Trackd user name if you have one;
• a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
• with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
• your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to legal (at) tridentcloud.com and/or by mail to the following address:
Trident Cloud Limited, Richmond House, Walkern Road, Stevenage. Hertfordshire. SG1 3QP, United Kingdom.
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).
Trident Cloud does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Trident Cloud does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Trident Cloud disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Trident Cloud with respect to the content or operation of any External Services.
Please also note that individual Uploaders have control over the audio Content that they store in their Trackd account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Trident Cloud shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Trident Cloud or the relevant Uploader.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behaviour is inappropriate and violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform or Apps terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Trident Cloud at its discretion.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST TRIDENT CLOUD USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO TRIDENT CLOUD’S ATTENTION, TRIDENT CLOUD MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. TRIDENT CLOUD DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIDENT CLOUD DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM OR APPS WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
TRIDENT CLOUD AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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.
IN NO EVENT SHALL TRIDENT CLOUD’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 GBP OR THE AMOUNTS (IF ANY) PAID BY YOU TO TRIDENT CLOUD DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
TRIDENT CLOUD AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
1 ANY LOSS OR DAMAGE ARISING FROM: (A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM, OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM; (B) ANY CHANGES THAT TRIDENT CLOUD MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES; (C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY TRIDENT CLOUD OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM; (D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT; (E) YOUR FAILURE TO PROVIDE TRIDENT CLOUD WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
2 ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO TRIDENT CLOUD AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TRIDENT CLOUD AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND TRIDENT CLOUD, AND THAT TRIDENT CLOUD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless Trident Cloud, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Trident Cloud.
From time to time, Trident Cloud may promote competitions, promotions, prize draws and other similar opportunities on the Platform or Apps (“Third Party Competitions”). Trident Cloud is not the sponsor or promoter of these Third Party Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Competitions in your country of residence.
You may purchase certain App upgrades and premium services through the iTunes App Store. Apple does not allow for app developers to refund payments made through apps published in the iTunes App Store. All in-app purchases made on the iTunes App Store are subject to Apple’s terms and conditions.
Trident Cloud reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Trident Cloud shall use its reasonable endeavours to notify registered users of such decision in advance.
You hereby agree that Trident Cloud and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that Trident Cloud may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, Apps, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
Trident Cloud may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its accounts from time to time. In the event Trident Cloud proposes to make changes to any type of account to which you, and these changes are material and to your disadvantage, Trident Cloud will notify you of the proposed changes by sending a message to your account and/or an email to the then current email address that we have for your account, at least four (4) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such four (4) week period, your continued use of your account after the end of that four (4) week period will constitute your acceptance of the changes to your account.
You may terminate this Agreement at any time by deleting your account and thereafter by ceasing to use the Platform. You may delete your account by emailing us with the request at goodbye (at) tridentcloud.com
Once your account has been terminated, any and all Content residing in your account, Platform, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), may be irretrievably deleted by Trident Cloud, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Trident Cloud assumes no liability for any material that is irretrievably deleted following any termination of your account. Trident Cloud is not able to provide you with any file of data relating to activity associated with your account, whether before or after termination or cancellation. Data is provided and is accessible only for viewing via your account page, Apps or on the Website for as long as your account is active.
If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to email us at goodbye (at) tridentcloud.com
Trident Cloud may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Trident Cloud. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Trident Cloud.
Except where otherwise required by the mandatory law of the United States or any member state of the European Union
(i) this Agreement is subject to the laws of the United Kingdom, 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
(ii) you hereby agree, and Trident Cloud agrees, to submit to the exclusive jurisdiction of the courts in London, United Kingdom for resolution of any dispute, action or proceeding arising in connection with this Agreement.
Last Amended: 21 May 2018
Welcome to Trackd®, a service provided by Trident Cloud® Limited (“Trident Cloud”, “Trackd”, “we” “our”, “us”).
• Our principles with respect to your information and your privacy
• The information we collect about you
• How we use your information
• How we share your information
• Your choices with respect to your information
• How to contact us regarding privacy issues
We have a pretty simple approach to data protection and privacy, which can be summarised as follows:
You should know exactly what we do with your information
You should have full control over your information
We’ve designed the Website and Apps to give you control over the information you publish and share and other sites and services to which you connect your Trackd account. Please take full advantage of these tools and make sure you only share what you want to share.
Information we collect about you
We collect information about you from various sources:
Information provided by you
You don’t need to provide us with any personal data in order to visit the Website. However, the Apps and certain Services do require that you register for a Trackd account and, by doing so, you will provide us with certain information:
• Essential information:
Depending on how you choose to register your Trackd account, you may be required to provide your full name, email address, birth date, choose a username and password and provide information on the type of artist you are;
• Profile information: You may choose, at your discretion, to provide additional information for your public profile – for example:
• your real name or professional pseudonym (artist name)
• a name (which may be your real name or a pseudonym)
• your location
• a profile picture or avatar
• information about how you categorise yourself with respect to your content (for example, whether you are a musician, songwriter, producer or some other category of creator), your skills, genres in which you create music;
• details of your other websites and social media profiles, including links to those websites and profiles
• None of this profile information is mandatory, and any information you provide for your profile may be deleted, edited, changed or amended by you at any time. For more information, see the Choice and Control section below.
• Information from correspondence: You will provide certain personal data if you contact us by email, mail, fax or other offline or online means or use any of the webforms on the Website.
• Survey information: If you participate in any survey, you may provide certain personal data as part of your response, unless you respond anonymously.
• Information that you post: You may provide personal data when you upload or record sounds in the Apps or Platform, or when you post comments or contribute to community discussions.
Information we collect automatically
There is certain information that we collect automatically as the result of your use of the Platform, or through the use of web analytics services as described in our Cookies Policy. This information includes but is not limited to:
• the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)
• the site that you visited immediately prior to visiting the Website
• the specific actions that you take on the Platform, including the pages that you visit, streaming or downloading songs, uploading or recording audio, connecting your Facebook or Twitter account, sharing a song with another user, following or unfollowing another user, joining or leaving a collaboration, posting a comment, or performing a search
• any search terms that you may enter on the Platform
• the time, frequency and duration of your visits to the Platform
• your browser type and operating system
• the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device
• your location data (e.g. GPS) when using the Apps,
• information collected through cookies and similar technology, as described in our Cookies Policy
• information regarding your interaction with email or Trackd messages, for example, whether you opened, clicked on, or forwarded the email message
Information from other sources
Trackd allows you to sign up and log in using your Facebook account. If you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with Trident Cloud. This includes your first name, last name, gender, general location, a link to your Facebook profile, your timezone, birthday, profile picture, your "likes" and your list of friends.
If you sign up to Trackd using Facebook, your Trackd account will be connected automatically to your Facebook account, and information regarding your activity on Trackd, specifically any new songs that you post on Trackd and any new favourites, may be shared with Facebook and may be published in your timeline and your Facebook friends’ newsfeeds. If you do not wish to share your Trackd activity with your Facebook friends, you can control this from the Settings page on the Website – for more information, see the Choice and Control section below. If you signed up using Facebook by mistake, you can delete your account by emailing us at goodbye (at) tridentcloud.com.
We use the information that we collect about you for the following purposes:
Use of and interaction with the Platform:
• To operate and maintain your Trackd account, and to provide you with access to the Website and use of the Apps and any Services that you may request from time to time. Your username and password are used to identify you when you log into the Platform.
• To identify you as the creator of the tracks that you upload, the comments that you post and/or the other contributions that you make to the Platform.
• To seek your participation in surveys, and to conduct and analyse the results of those surveys if you choose to participate.
• To provide you with technical support.
• To respond to you about any comment or enquiry you have submitted.
• To provide other users with data regarding people's usage of their songs and tracks, i.e. streaming and downloading their tracks or following their profiles.
• We use your month and year of birth to enable age restriction.
• Any additional information that you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your public profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website and Apps, or using our API or other Services. Please bear this in mind when considering whether to provide any additional information about yourself.
• Your email address will be used to send you service updates and notifications regarding your account, and newsletters, marketing messages and certain email notifications, which you may choose to unsubscribe from.
• If you are a Facebook or Twitter user, and one of your Facebook or Twitter friends registers for a Trackd account, we may let your friends who already are on Trackd know that you joined or will suggest to your Facebook or Twitter friend that you might be someone they may wish to follow on Trackd.
• If you are a Facebook or Twitter user and sign up using Facebook or Twitter, we may also use the information we receive about you from Facebook or Twitter to suggest or connect you to users that you may wish to follow on Trackd. It will be up to you if you choose to follow these users and you can unfollow them at any time.
• To analyse the use of the Platform, and the people visiting the Website and using the Apps and Services, in order to improve Trackd and customize it to your needs and interests.
• To show you ads on behalf of advertisers, we use information that you make available to us when you interact with the Platform (e.g. by recording and sharing songs, collaborating with other users, listening, favoriting or creating playlists), including location data, together with information you provide to us through the Platform, e.g. demographic information you choose to make available to us (such as your age or gender) directly or through third party services. This allows us to show you ads that are more relevant and interesting to you. Please note that we do not share personal data with advertisers. Instead, advertisers pre-define a specific audience by certain generic criteria (e.g. the city of residence, the age range, or the number of followers of an unidentified user) for a specific ad campaign. If your profile matches these generic criteria, we may choose to display a suitable ad to you. We may also display ads based on the content that you have recently viewed or searched. Before we may use location data from the app for the first time, your mobile device will generally ask you for permission first. In case you gave permission to do so, location based services in your device will collect location data for a couple of seconds. These will then be shared with us or a respective service provider.
• To customize your use of the Platform and/or the content of any email newsletter or other material that we may send to you from time to time.
For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.
• Other users: Any information in your public profile (other than your email address) will be accessible by other users of the Platform, who may view your profile information, listen to and comment on any of your public songs and add themselves to your list of followers. Similarly, if you comment on any songs on the Platform, your comments will be available to all users of the Platform.
• With your consent: We will disclose your information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.
• Service providers: We use certain reputable third parties, some of whom may be located outside of the European Economic Area, to provide us with certain specialized services related to the Platform. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal data to these third parties, we ask and require these third parties to implement appropriate organisational and technical security measures to protect against unauthorised disclosure of personal data, and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us.
• Other networks and connected apps: If you choose to connect your Trackd account to other apps or social networks such as Facebook or Twitter, you will be sharing certain information with these apps or networks. In the case of Facebook or Twitter, any new public songs that you post or listen to on Trackd or any new favourites may be shared to those networks and will be visible to your followers and friends on those networks. In the case of connected apps, you will need to provide the app developer with full access to your Trackd account in order to upload and download sounds, or comment on, favourite or repost songs from within the app. This may mean sharing your public information, plus access to your songs. Trident Cloud is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust. For information on how to control the information that your share, and how to disconnect your account from other networks or apps, please see the Choice and Control section below.
• As aggregated data: We may aggregate your personal data with similar data relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life.
• If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.
• To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Platform and/or the Trackd community.
• In the context of a business transfer: We may transfer your information to any person or company that acquires all or substantially all of the assets or business of Trident Cloud, or on a merger of our business, or in the event of our insolvency.
Ads displayed to you are in some cases provided by third parties. These may and as far as allowed by your settings or your device, use information about your visit and interaction with the Platform in order to show you personalized ads of products and services that may be of interest to you. Personal information such as your name or email address will not be shared with these.
It is not necessary for you to provide us with any personal data in order to visit the Website, although certain information will be collected automatically by virtue of your visit (as described above) and certain information may be required for your use of the Apps or other Services. If you do decide to register a Trackd account, you can control your information in the following ways.
It is possible to unsubscribe from email newsletters and notifications (other than essential account notifications) at any time by clicking on the link at the end of each email.
If you sign up for Trackd using your Facebook or Twitter account, your Trackd account and your Facebook or Twitter account respectively will be connected automatically. Information regarding the public songs that you record, collaborate on, post, listen to or favourite on Trackd may be shared with the connected Facebook or Twitter account. Content that you share with Facebook may appear on your timeline and in your Facebook friends’ newsfeeds. Content you share with Twitter may be seen by the people following you and shown in your Twitter feed. If you do not want this information shared with Facebook or Twitter, please change your Settings.
Information on how to block or disable cookies is included in our Cookies Policy. Further information is available at http://aboutcookies.org.
You can delete your account by emailing us at privacy (at) tridentcloud.com. Please bear in mind that, if you delete your account, all data associated with your account, including the songs that you have recorded and shared and the usage data associated with those songs, will be deleted and may not be recoverable. The tracks you have recorded for other user’s songs will not be deleted. You are therefore advised to copy or back up all content recorded on Trackd or uploaded to your account before you delete your account.
Even if you delete your Trackd account, it is possible that your information may still show up in some internet search results for a short while afterwards, if the search engine maintains a temporary cache of web pages. Search engines' caching processes are outside of Trident Cloud’s control and therefore we cannot be responsible for any information that remains cached by search engines after that information has been removed from the Platform.
As described above, most of the personal data and other information you provide to us can be accessed and updated in the Profile page of your Trackd account. If you wish to access, amend or delete any other personal data we hold about you, or if you have any objection to the processing of any personal data that we hold about you, please contact us at privacy (at) tridentcloud.com or the address provided below.
If you ask us to delete your account, we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations or where we have a legitimate reason for doing so.
Trackd is not intended for use by children. Anyone under the age of 13 is not permitted to use the Platform and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately at privacy (at) tridentcloud.com.
Trident Cloud Limited, Richmond House, Walkern Road, Stevenage. Hertfordshire. SG1 3QP, United Kingdom.
Attention: Legal Department
Last amended: 21 May 2018
• Respect others
• Create, upload and share
Trackd enables you to express yourself through your sounds, and lets you share those sounds across the web. So, be creative, be expressive and let the world know how awesome you are. But remember – only share sounds that you have created yourself and have permission to share. If you are unsure whether you can upload something, check out our Copyright Information pages.
• Give us a link
Our tools enable you to take tracks from Trackd and share them elsewhere. This is really great, but we're picking up the bandwidth bill each month, so we’d really appreciate it if you could link back to us whenever you post Trackd hosted content elsewhere on the web.
• Criticize, but do it constructively
Criticism can be really valuable, but only when it’s done constructively. So, please share your opinions, but before posting anything, ask yourself "Would I appreciate receiving the same comment?".
• Upload things that aren't yours to upload
Uploading and sharing means you must always be 100% certain that you are the creator of what you're uploading, or have permission from all relevant rights holders. Anyone who repeatedly uploads other people’s content risks having their account suspended or terminated. If you need more information about copyright, check out our Copyright Information pages.
• Use someone else’s name
Trackd usernames are allocated on a first come, first served basis. Please don’t register accounts in the name of another person, or using someone else’s trademark, even if this is meant as a tribute. If you feel that someone is impersonating you on Trackd, or is infringing your trademark, you can tell us about it by sending an email to legal (at) tridentcloud.com
• Rant, flame, troll or be an asshole
Trackd is a social place but it's not the place for you to act out rage from other parts of your life. Don't let a personal issue strain the rest of the community. Inappropriate behaviour, including abusive, defamatory, obscene, racist or offensive comments, will put you at risk of having your account suspended or terminated.
There’s a fine line between promoting your sounds and spamming
The more you can make your messages and actions personal and relevant, the less likely you are to be reported for spam. Faking your own popularity, or using sounds or comments to promote other products or services can be considered as spam and isn’t welcome on Trackd.
We take these rules seriously, and expect you to as well. If you break these rules we will take action. If we receive notification from a rights holder that any sounds, text or images in your account infringe their copyright, or if we believe that your behaviour is inappropriate, we will send you a warning. If we have to send you more than two of these warnings, we will suspend your account. In the most extreme cases, we may suspend your account without warning.
If you feel that someone is infringing your copyright, you can tell us about it sending an email to legal (at) tridentcloud.com
Remember, we want Trackd to be a community where everyone feels comfortable and respected - it’s up to all of us to make sure this happens.
Basically, be nice, respect the law and think before you post. In most cases, we'll send you a warning before we take other measures and we'll always try to act reasonably. We think this is fair but if you don't agree, maybe Trackd is not the place for you.
These guidelines have been written down to ensure that everyone within the community has the experience they want. We're not trying to set up rules and regulations for exactly how you should and shouldn't act but rather to make clear that this should be a place of respect between people and a place for responsible content posting. We hope you agree and understand. If you do, don't or have any other questions or comments please send us an email to hello (at) tridentcloud.com.
We may change these Community Guidelines from time to time, so please be sure to check back here every so often for any updates.
Trident Cloud® provides Trackd® as a platform for creators and we expect all users to respect other people’s copyright.
• What is copyright?
• What is copyright infringement and how can I avoid it?
• Copyright Checklist
• Further resources
Please note: This page provides some basic information about copyright. However, nothing on this page constitutes legal advice – please do not treat it as legal advice or as a substitute for legal advice. Please consult a suitably qualified lawyer on any matters related to copyright.
“Copyright” is the term used to describe a number of legal rights that exist in original literary, musical, dramatic or artistic works, and in sound recordings, films, broadcasts and other creative works. Under copyright laws, these rights are exclusive to the copyright owner, and enable the copyright owner to control how their work is used and to prevent unauthorised use.
Originally, copyright laws allowed the creator of a work to prevent that work from being copied, but copyright laws have gradually been extended over time, and now allow copyright owners to prevent and control things like adaptation or public performance of the copyright work, inclusion of the work in a broadcast, or distribution of the work both physically and on the Internet. Because these rights are exclusive to the copyright owner, anyone wanting to do any of these things needs the permission of the copyright owner.
Copyright can exist in all sorts of things - for example, music, lyrics, photographs, artwork, books, speeches, TV programmes and movies. Also, what might appear to be a single work can include several different copyrights owned by various different people. For example, a music track by a signed artist will often include separate copyrights in the composition, the lyrics, and the sound recording. Copyright in the music and lyrics will usually be owned by the artist or music publishing company, and copyright in the sound recording will usually be owned by the artist’s record label. Use of that track, including any adaptation of the track or any uploading or sharing over the Internet, will require the permission of all of these copyright owners, either directly or through their representatives (for example, through a collecting society or performing rights organisation).
Because the rights afforded by copyright law are exclusive to the copyright owner(s), you will infringe copyright if you do any of those things without the permission of the copyright owner(s) - for example, if you copy or adapt a copyright work, or make it available on the Internet.
The best way to avoid copyright infringement is to ensure that you don’t use anything created by anyone else. Simple as that.
If you do use someone else's work, make sure you have the necessary permissions – this will usually take the form of a licence from the copyright owner(s), which you may have to pay for. There are certain instances where you may be able to use excerpts of copyrighted material without a licence – for example, if you use a small part of someone else's work for the purposes of criticism or review, or if your use constitutes "fair use" under applicable law (particularly U.S. law) – however, discussion of these exceptions is beyond the scope of this guidance. If you intend to use any part of a copyright work in reliance on any of the statutory exceptions, you should seek legal advice first.
Copyright is complicated. If you have any doubt regarding the extent of your rights in any sounds, you should consult with a suitably qualified lawyer before uploading anything to Trackd or making any claims or counter-claims regarding your rights. However, as a general guide, here are some of the issues you might want to consider before uploading anything to Trackd:
For music uploads:
Can you answer “yes” to all of the following questions?
• Did you compose the music yourself?
• Did you write the lyrics yourself?
• Did you record and produce the track yourself or do you have permission from the producer or record label that made the recording?
• Do you have written permission from all copyright owners to use any samples contained in the track?
Can you answer “no” to all of the following questions?
• Were you signed to a record label when you recorded the track?
• Do you have a publishing deal?
• Are you a member of a performing rights organization or collecting society?
• Have you licensed your track to anyone else?
• Does the track contain the entirety or any part of someone else's song(s) Is it based on someone else’s song(s)?
For other sounds, including field recordings, podcasts, audiobooks or voice messages:
Can you answer “yes” to all of the following questions?
• Is the recording spontaneous, as opposed to being recited from a script, play or book (other than one written by you)?
• Is it a recording of your performance?
• Did you make the recording yourself?
• Do you have the permission of anyone else appearing in the recording to upload and share the recording on Trackd?
Can you answer “no” to all of the following questions?
• Is the recording rehearsed or recited from a script, play or book (other than one written by you)?
• Does the recording contain any music or excerpts from other copyright works (e.g. movie dialogue)?
For information about copyright in your country, try your local copyright office:
For information on copyright laws around the world, try the World Intellectual Property Office database:
For more information about copyright and some guidelines for determining whether your content may be infringing, please read our Copyright Guidelines.
Trident Cloud will promptly remove or disable materials from Trackd in accordance with the Digital Millenium Copyright Act (17 U.S.C. 512) (“DMCA”) if notified in accordance with the requirements below that the materials infringe a third party’s copyright. Whether or not Trident Cloud disables access to or removes materials, Trident Cloud may attempt to forward the written notification, including the complainant’s contact information, to the user who posted the content and/or take other reasonable steps to notify the user that Trident Cloud has received notice of an alleged violation of intellectual property rights or other violation. Trident Cloud may also, in its discretion, terminate the accounts of repeat copyright infringers or of those who post inaccurate or unlawful content.
Any notice or counter-notice you submit must be truthful and submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may want to seek the advice of legal counsel before submitted a notice or a counter-notice.
The claim procedure below is for copyright infringement. If you believe materials on Trackd violate other rights, please email details to legal[at]tridentcloud.com.
If you believe in good faith that your copyright has been infringed, please provide us with a written notice containing:
1. Your name, telephone number, address, e-mail address and Trackd username, if you have one;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the material on Trackd that you believe is infringing the copyrighted work and where such material may be found on Trackd (e.g., the Trackd user name and song title);
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. Your electronic or physical signature.
Please submit your notice to Trident Cloud as follows:
By mail: Trident Cloud Limited
Attn: Legal Department
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the DMCA by providing Trident Cloud with a written notice which contains:
1. Your name, telephone number, address, e-mail address and Trackd username;
2. Identification of the material removed from Trackd or to which access has been disabled;
3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
4. A statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) if your address is located outside the United States, any judicial district in which Trident Cloud may be found (which includes the United States District Court for the Southern District of New York) and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
5. Your physical or electronic signature;
Please submit your counter-notice to Trident Cloud as follows:
By mail: Trident Cloud Limited
Attn: Legal Department
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.