Copyright Policy

Before you send a notice. A copyright notice or counter-notice is a legal document made under penalty of perjury. Anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, can be liable for damages, costs and attorneys' fees under 17 U.S.C. 512(f). If you are not sure whether material infringes your rights, talk to a lawyer first.

1. About this policy

Background Noises is operated by Third Space LLC, a Wyoming limited liability company ("Third Space", "we" or "us"). This policy applies to bgnoises.com, the web player and the Background Noises apps for iOS and Android (the "Service"). The sounds the Service plays are made by eleMusic Inc. ("eleMusic"), our service provider (Section 27.1 of the Terms). This policy is part of our Terms of Service, and if the two conflict, the Terms control.

2. The sounds

Section 6 of the Terms and How the sound is made say how each kind of sound is made. Where a sound is generated with AI models, eleMusic's prompts describe it in plain terms, name no artist, performer or song, and never ask a model to imitate a real performer. Generated audio can resemble other audio, and the same or similar audio may exist elsewhere. We make no representation that any sound is, or is not, protected by copyright (Terms Section 6.2), and the Terms give you the only rights you have in the sounds.

3. A sound you believe is yours

If you believe a sound or a track in Background Noises infringes your rights, resembles a work you own or represent, or imitates a real performer, write to our designated agent (Section 5) with your name and contact details, the work you believe is affected, the sound or station and roughly when you heard it, what you believe is similar, and a statement that your report is accurate to the best of your knowledge. We may take the sound out of play while we and eleMusic review it, and we may remove or replace it. Removing a sound is not an admission that it infringes anyone's rights.

4. Notices about other material

A little of the material on the Service comes from users, such as the name on an account. If you believe material provided by a user infringes your copyright, send a written notice to our designated agent. Under 17 U.S.C. 512(c)(3), the notice must include substantially the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed or, if a single notice covers several works at one site, a representative list of them;
identification of the material that is claimed to be infringing and that is to be removed or disabled, and information reasonably sufficient for us to locate it;
information reasonably sufficient for us to contact you, such as an address, a telephone number and, if available, an email address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. Our designated agent

Notices to the agent should concern copyright or trademark claims and counter-notices. For help with your account, write to joshua@thirdspaced.com; other ways to reach us are on the Contact page.

6. What happens after a notice

When we receive a notice that substantially meets Section 4, we act expeditiously to remove or disable access to the material, take reasonable steps to tell the user who provided it, and may send that user a copy of the notice, including the name and contact details in it. We may also remove material, or suspend or end access as the Terms allow, without a notice when we reasonably believe material infringes someone's rights.

7. Counter-notices

If material you provided was removed or disabled because of a notice, and you believe that happened by mistake or misidentification, you may send a written counter-notice to our designated agent. Under 17 U.S.C. 512(g)(3), it must include substantially the following:

your physical or electronic signature;
identification of the material that has been removed or disabled, and where it appeared before;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who sent the original notice or an agent of that person.

When we receive a valid counter-notice, we send a copy to the person who sent the original notice and restore the material not less than 10 and not more than 14 business days after we receive the counter-notice, unless our agent first receives notice that that person has filed an action seeking a court order against the user. The consent to jurisdiction applies only to an action by the person who sent the original notice; the Terms govern disputes between you and Third Space.

8. Repeat infringers

We have adopted, and reasonably implement, a policy of ending in appropriate circumstances the accounts of users who are repeat infringers (17 U.S.C. 512(i)). We do not interfere with standard technical measures that copyright owners use to identify or protect their works.

9. Trademarks

Background Noises, BG Noise and the Background Noises logos are trademarks of Third Space LLC, and you may not use them, or anything confusingly similar, in a way that suggests we sponsor or endorse you, without our written permission. eleMusic is the name of our service provider, eleMusic Inc., and belongs to it. Other names on the Service belong to their owners.

10. Changes to this policy

We may update this policy. A change applies only to notices and counter-notices we receive after it takes effect.

This is version 2026-10-21 of this policy, effective October 21, 2026. Earlier versions are listed in the Legal Center and available on request at joshua@thirdspaced.com.