Last Updated on: 9th January 2019
Welcome to Noise!
Your photos do deserve more emotions, therefore, we created a social platform that will help you interact with your circle of friends and followers in a more in-depth, meaningful and authentic way by using our carefully designed sticker reactions for any occasion. Noise is currently available for download on Apple Store.
In these Terms of Service, you will find further in-depth information about:
Services rendered by Noise
Our Application’s features
Basic Usage Guidelines and expected User Conduct
Reserved Rights in cases of breaches to these Terms of Service or other documents
An introduction to our Privacy Protection practices
The Noise iOS and consequently Android mobile applications are the creations of its operator, Noiseapp Limited, Ireland. For more information on how to contact us, please continue to the “Contact” section at the end of this document.
How old do I need to be to use your services?
Our application is intended to be used by individuals at least of the age of majority under their respective state, local or federal jurisdictions. If you are under the legal age of majority in your country, please make sure to have a valid parental consent when using the application. We will not conduct any direct marketing in violation of anti-marketing regulations as applicable in your relevant jurisdiction.
For the purposes of visiting and using our Website and/or Application, we hereby grant you a one-time, non-transferrable, non-exclusive license to view and navigate through Our Services content, for the purpose of their usage in accordance to these Terms of Service and additional document(s) or Policies issued by Noise.
Do I need a User Account to use Noise?
For the purposes of visiting and/or browsing our Application, you may or may not have a registered account. However, without a registered account, some features (including posting, reacting, etc.) will not be available to you.
If you wish to experience the Noise application fully, you may register your User Account for free. You may enter your information manually, or sign up using your existing social networks, like Facebook. Upon registration, your Social network will ask you for permission on processing certain information that are on your social network’s profile.
When you register manually, we may ask you about some of your contact details, such as your Name, Age, Gender and e-mail address. Please provide us with truthful, up to date and accurate information about your identity. We reserve the right to reject service to any individual who/which has used false information to register on their respective account.
You will have the possibility to choose your own Username. Please note that usernames are subject to availability. You may not use a username that is fraudulent, libellous, obscene or profane, use another person’s identity as your username or use a username that you don’t own the rights to. The best usernames from experience are variations or abbreviations of your personal name, your nickname or any pseudonym that does not violate our usage guidelines and this subsection.
You will be asked to input a password that you will use to access your User account. Please keep your password safe and outside the reach of any other person(s), in order to prevent breaches to your account. You are responsible for the activity connected to your account. If you believe that your User account has been breached, please contact us on firstname.lastname@example.org.
We believe in a healthy and correct community. That is why we have created a social platform helping you interact in a more meaningful way. Please use our Application in accordance with the generally accepted codes of moral conduct and good Internet practices. We do not tolerate any intolerance, hate speech, slander or libel on our platform. If you believe that you have been a target of Internet bullying or similar activities, please report the problem through our Application (“Report” option is available under each post).
We believe in a community of people that may express their emotions in an authentic way, and we discourage sharing any negativity on our social network. Please use our social platform in a way that may not damage the performance and functionality of the Application, or cause any harm towards any third party. The content as shared on the social platform may be the property of third parties, so please refrain from unauthorized usage of the content without the right holder’s previous written consent.
We do not tolerate certain behaviours on our Application, namely:
Harassment, threatening or intimidating another User on the Noise Platform,
Impersonation of any person or entity,
Usage of obscene or offensive User names, hashtags, post captions, comments or other types of interaction content on the App,
Permutation of usage of inappropriate language within User Submissions of any kind,
Transmission of any unlawful, threatening, abusive, offensive, defamatory or hateful text or voice communication or images and/or other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and/or publicity rights of any third party, cyberbullying, hate speech or other unacceptable forms of expression on the internet,
Posting of any material, or making any communications whatsoever, with the intention to solicit other Users on the Service or from the Service,
Disparaging Noise’s services, Noise or its representatives or employees, administration and/or other staff.
Posting, submitting, sharing or spreading any malicious code or use any automated means of Website or Application visits such as bots, or take any action that may lower the Website or Application’s performance or worsen the user experience of the Noise Services.
Other actions deemed unfit under widely known codes of conduct on the Internet.
When dealing with these types of unacceptable or repeating behavior patterns, upon report or under our own initiative, we may:
Delete the user submission or upload that violates our Usage guidelines
Issue a warning towards any User that is in violation of our Usage Guidelines
Temporarily or permanently disable any features of any user that violates our Usage Guidelines, with or without prior warning, at our own discretion
Temporarily or permanently disable the access of the user in gross violation of our Usage Guidelines after repeated disabling of the user’s features or access, or after repeating issued warnings on behalf of us
Other means of disabling any harmful or unacceptable behavior on the service, in our sole discretion
Initiate legal civil or criminal proceedings, or report instances in cases in which there is a foundation or substantiated suspicion of illicit or criminal activities. In this case, we may use any operative knowledge we may have on the nature of the gross misconduct or illicit activity, including the personal information of the user in question,
Comply with authority-issued subpoenas or legal demands in regard to any appropriate state authorities in sharing personal information of users
Our Application is made to manage and scroll through the posts you want to share with your followers’ base. This section will inform you about the exciting features we have to share with you.
When you visit your Newsfeed, you will see the latest shares from the people you follow. Here, you may scroll, react to user’s posts with our 30 unique reaction stickers, comment and share the user’s post.
When you visit our Discover section, you will be presented with users’ posts based on the people you follow.
Our Camera section has the option of you taking your snapped pictures and editing them directly within our application
Notifications is the section that follows everything happening to your User profile – from new follows to reactions and comments on your shared posts
In your Profile section, you may edit your User profile and edit some of your privacy settings. Try entering a short bio, re-arranging your posts, and changing your profile picture.
Our Content Policy
User Submissions – Any content you post on Noise, whether through our Website or Application, will be treated as a “User Submission”. For more information on certain types of User Submissions, please see the points under this Subsection. User Submissions are added by users having their own User Accounts on Noise. For the purposes for displaying the Content on the Noise Website and/or Application, you retain all your ownership and proprietary rights to the content shared to the Application, but grant us a universal, perpetual, transferrable, commercial, irrevocable and royalty-free license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such content in all media and distribution methods now known or hereafter devised. Upon sharing your user submission to parts of the website that are meant for public viewing, you hereby recognize and agree that the submitted content may be accessed and displayed before any User or Visitor of the Noise Application that has access to the World Wide Web. We reserve the right to, upon report, or on our own initiative; remove any content that is contrary to our Terms of Service at any time, with or without previous notice.
Reaction Stickers – You may use our variety of 30 vibrant and personal reaction stickers to react to other Users’ posts. Only one reaction is allowed to be used on each post, so choose wisely. You can withdraw your reaction sticker at any time. You hereby agree that your reactions will be visible to a wider audience, depending on the privacy settings of the user’s post. You hereby agree that your submitted reaction stickers towards a given post may be displayed to an audience that may be greater than only Users of the Noise Services, such as the broad public with access to the World Wide Web, through Noise’s Application, based on the privacy settings of the post and/or individual user.
Comments – In certain sections of our Application, such as your own posts or posts of users you follow, you are allowed to add text submissions in the form of comments. You hereby agree that your text submissions may be displayed to an audience that may be greater than only Users of the Noise Services, such as the broad public with access to the World Wide Web, through Noise’s Application, based on the privacy settings of the post and/or individual user.
Our Content – Noise may display content created by and/or for Noise by third parties. Noise reserves all copyright and other intellectual property rights towards the mentioned content.
Reports of possible Copyright Infringement and Abuse Concerns – You have all legal rights under the DMCA in regards to any possible copyright infringements of your work. If you have any abuse concerns, please do not hesitate to report the possible abuse. Abuse concerns can be reported via e-mail (email@example.com) or by filling out a specific form or contacting us directly via the contact information provided on Our Services.
Licensing Terms – Unless expressly stated otherwise by the Contributor on our Website or Application, the contents on Our Services are meant for personal, non-commercial use. Without appropriate prior written consent by the author(s) of the content, you may not use this content for commercial purposes.
Brand Assets – in certain aspects of usage of our Content, Logos, Slogans or other graphic elements, you may be allowed to use our Brand Assets under specific licensing terms, with our prior written consent. You may require our consent by contacting our customer support service via e-mail for specific uses outlined in our Brand Usage Guidelines. Licensing is subject to the Brand Usage Guidelines as included in our Brand Guidelines page on our Website. Please note that all licenses for using our Brand Resources are revocable by us at any time, by means of notice. Please follow the rules as stated in our Brand Usage Guidelines insofar as of implementation of the Brand Resources in any of your publication.
IP Rights - Noise, its logo, any products, services, names or slogans contained within the Service, corporate correspondence or any other space distinguishing the Service are registered trademarks of Noise, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. Except for those rights expressly granted within these Terms of Service and Brand Usage Guidelines, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent; usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights, except for Brand Resources and their Brand Usage Guidelines available in “Press & Media” section of our Website.
Certain features offered on the Noise platform, such as; “Discover”, “Search”, location-based posts or submissions of posts related to any event or location near you may rely on your location settings being turned on. On your first launch of the Application, you may be asked for permission to access your location. You may always change or limit the access to the location services through your device’s settings. Some functionalities and features as the ones mentioned above may not be able to properly and fully function without your location services being turned on.
When developing our features based on User feedback and introducing new and innovative functionalities, we may discontinue any part of our Services with or without previous notice. We may change our legal documents, such as our Terms of Service to accommodate to possible changes made in legal regulations that may affect us as a Service. If we do so, you will be notified either directly on the Application or via your e-mail. In certain cases, we may require you to get acquainted with the changes made to our Terms of Service prior to proceeding with using our Application. Do not worry, we will try our best to include a shortened list of the changes made in our Terms and Policies, as well as provide you with the full text of the new version of our Terms of Service and connected policies.
You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable:
Your access to and use of the Noise Website, Application and our Rendered Services;
Violation of these Terms of Service by You or other Users, as applicable;
Infringement of any intellectual property or other right of any person or entity by you;
The nature and content of all Authorized User Data processed by the Noise Services; or
Any product(s) or service(s) purchased or obtained by you in connection with the Noise Website or Application.
Noise retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Independent Allocations of Risk. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose.
You hereby agree and find reasonable to withhold from any group action in front of any court and explicitly agree that all and any disputes or controversies will be handled on a case-by-case basis, thus withholding of any class action or similar lawsuits or other litigation proceedings against the service. If any litigation is to occur, you hereby expressly agree that your action shall not surpass the amount of 100 EUR, or the expenses incurred from using our Services, whichever is greater.
The parties covenant that the applicable and usable law according to which this agreement will be governed will be the law applicable in the place of business of Noise’s Operator. The Parties accept personal jurisdiction of court(s) and court systems as designated as per the place of business of Noise’s Operator
When possible, the parties to this Agreement will try their best to resolve any issue that they may have in a fair and amicable way, in a manner avoiding litigation. The Parties agree that they will notify each other of any intent for litigation at least 30 (thirty) days prior to such action, and shall, in the notice period, resort to alternative dispute-resolution, such as Mediation or Arbitration. The Parties will designate their arbitrator, seat and place of arbitration and language of arbitration proceedings by means of consensus.
The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining Terms shall stay in full force and effect.
You may contact us in any of the manners you deem fit, as described below:
General Enquiries: firstname.lastname@example.org
Technical Enquiries: email@example.com
Privacy and Terms of Service Enquiries: firstname.lastname@example.org
Your requests will be assigned with a request order number, and may take some time to process, depending on the queue of requests before you. We may take up to 5 or more business days to process your request. Please be kind to our Customer Support service, as they are here to help you with any question or request you may have.
Noiseapp Limited, Ireland
Unit 3d North Point House,
North Point Business Park,
New Mallow Road,