2. Description of App and the Services
3. Intellectual Property Ownership and Licence
- download and use the Choosic software in accordance with its pre-defined functionality only;
- listen to music and view videos streamed from the App and participate in the Choosic community areas;
- communicate with other members of the Choosic community; Provided that you:
- retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Content;
- do not, and do not allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt the object code of the App or Services; to reverse engineer, decompile, reverse assemble, modify or attempt to discover any source or object code, circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information;
- do not insert any code, product or material to manipulate the Content in any way that affects any user's experience;
- do not copy or seek to copy or “rip” any audio and/or audiovisual content from the App or any part of the Service (including, without limitation, the Choosic API);
- do not embed or otherwise exploit the Choosic API for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetising any element of your site which contains the Choosic API); and
Choosic alone shall be responsible for determining, in its discretion, whether any use of the Choosic widget constitutes commercial use in each case.
4. Links to Other Apps
5. Our Linking and API Policy
Any App or smart-phone application that links to the App or on which you include the API:
- must not frame, surround, obfuscate or create a browser or border environment around any of the Content of the App;
- may link to, but not replicate, the Content;
- must not imply that Choosic or the App or any artist or performer are endorsing or sponsoring it or its products, unless Choosic has given its prior written consent;
- must not present false information about Choosic or its products or services;
- must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and
- must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights.
Choosic reserves the right to remove links or block the Choosic Properties at any time and for any reason in its absolute discretion.
6. Acceptable Use
You will not use the Properties to:
- Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
- any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Choosic, its parent, subsidiaries or affiliates), anything that adversely affects Choosic such as discouraging any person or entity from advertising with, linking to or supplying Choosic, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Choosic's sole discretion;
- information, software, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
- material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Properties, interferes with, overburdens, impairs or disrupts the Properties or servers or networks connected to the Properties, or disobeys any requirements, procedures, policies or regulations of networks connected to the Properties;
- information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the App, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the App; or
- any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation.
- Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt the normal flow of dialogue nor otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges on the App;
- Stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
- Use or attempt to use another's information, account, password, service or system except as expressly permitted;
- Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the App or for any services or features offered on or through the App; and
- Undertake any commercial purpose or activity without the prior written consent of Choosic, including, for example and without limitation, inserting your own or a third party’s advertising, branding or promotional content into any of the App’s or Properties’ content, materials or services.
You represent, warrant and agree that you will comply with the above acceptable use requirements. Choosic reserves the right, in its sole discretion, to terminate any user’s account or take such other action as Choosic sees fit in relation to any user who breaches Choosic’s acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, Choosic reserves the right to take court action and/or report users to the relevant authorities. Choosic believes in building a caring community based around sharing music and will not tolerate antisocial or unlawful behaviour on the App or in connection with any of the other Properties.
7. User Accounts, Additional Terms, End User License Agreements & Subscriptions
Choosic may decide to run competitions, promotions, prize draws and other opportunities on the App and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the App or as set out elsewhere in the Properties, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.
Any software that we make available for download or use from the App and/or our servers (the "Software") is the intellectual property of Choosic or its licensors or suppliers. Any such “Software” shall be considered a “Service” or one of the “Properties” as such terms are defined and used herein. Your use of the Software may be governed by the terms of an end user licence agreement that may accompany or that may be included with the Software (the "Licence Agreement"). Please carefully read any Licence Agreement and Paragraph 7 above to determine the full extent of the terms and conditions governing the use of such Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION, REDISTRIBUTION OR OTHER EXPLOITATION IS EXPRESSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION, REDISTRIBUTION OR EXPLOITATION IS EXPRESSLY PERMITTED BY THE LICENCE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
10. Copyrights and Copyright Agents
At Choosic, we aim to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Choosic App in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice (“Notice”) which should include the following written information:
- a statement that you have identified material on the App which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Choosic to locate the material (including, for example, a URL and/or screen shot);
- your full name, email address, postal address and telephone number on which you can be contacted;
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
- a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
Choosic's agent for notice of claims of copyright infringement on or regarding the App can be reached as follows:
By mail: 145-157 St John Street, London, EC1V 4PW.
By email: firstname.lastname@example.org
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to Choosic. Please note that any video content made available on or through the App which contains or displays the Soundcloud logo or which is provided via the Soundcloud player is provided to you by Soundcloud and from Soundcloud’s servers, and Choosic thus does not have the ability to permanently remove all or any such content from Soundcloud’s servers. Therefore, if you have a complaint concerning any video or audio content made available on the App that is provided by Soundcloud, you should contact Soundcloud directly in accordance with copyright policies at: https://soundcloud.com/terms-of-use. If you believe that your work is available on the App via the Soundcloud player in a way that constitutes copyright infringement, please:
(i) contact Soundcloud directly in accordance with copyright policies at: https://soundcloud.com/terms-of-use and
(ii) contact Choosic by sending us a notice in accordance with the provisions of this Section 10.
This product uses the Choosic API but is not endorsed, certified or otherwise approved in any way by Choosic.
11. Third Party Content and Information
The Properties contain Content and information that is provided for your convenience and enjoyment. Third parties provide some of the Content and information. You should be aware that the Content might contain errors, omissions, inaccuracies, out-dated information and inadequacies and that the Content may be subject to terms and conditions, which may be found on the App, the Properties or in the documents and policies of third parties. Choosic makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the App. Your correspondence and business dealings with others found on or through the App including, without limitation, the payment and delivery of products and services, the delivery of videos or other content, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. Choosic will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the App. Descriptions of, or references to, products, services or publications within the App do not imply endorsement of that product, service or publication.
12. Information You Submit
From time to time, the Properties may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, video, text and other materials to, through or on the App ("Your Submitted Information"). For example, the App may offer commentary or other interactive areas ("User Commentary"). Choosic, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Commentary. Choosic reserves the right, but is not obligated, to delete, move or edit Your Submitted Information, in whole or in part, submitted by you for any reason in their sole discretion. Choosic reserves the right to suspend or terminate your access to the App and pursue all legal remedies if we believe Your Submitted Information infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Submitted Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Your Submitted Information. All of Your Submitted Information is your sole responsibility. This means that you, and not Choosic, are entirely responsible for all of Your Submitted Information that you submit, upload, submit, post, e-mail, transmit or otherwise make available via the App. Choosic actively discourages you from uploading information or content about your friends or other people without their express prior consent. If you post personal information in User Commentary or on other publicly available areas of the App, then you may receive unsolicited messages from third parties. Choosic cannot ensure the security of any information you post in User Commentary or on publicly available areas of the App. Under no circumstances will Choosic be liable in any way for any of Your Submitted Information including, but not limited to, any errors or omissions in Your Submitted Information, or for any loss or damage of any kind incurred as a result of Your Submitted Information. You warrant and represent that Your Submitted Information:
- is not defamatory; and
- does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.
Except as otherwise described in our Privacy and Cookies Statement or other agreement on the App at which you provide Your Submitted Information, Your Submitted Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload Your Submitted Information via the App, you irrevocably grant to Choosic, its parent, subsidiaries, affiliates, and partners, without any credit or compensation to you, a non-exclusive, worldwide, perpetual, unrestricted, irrevocable, royalty-free and fully transferable, assignable and sub-licensable right and licence to use, reuse, modify, adapt, alter, display, archive, publish, sub-license, perform, copy, reproduce, disclose, transmit, communicate to the public, post, sell, translate, create derivative works of, distribute, make and export Your Submitted Information (in whole or in part), or to incorporate it in other works in any form, media, software or technology of any kind now known or developed in the future, for any purposes whatsoever including, without limitation, for advertising, marketing, publicity and promotional purposes, such as developing, manufacturing and marketing products and targeted advertisements using such information. You hereby waive any moral rights (or any similar rights in any jurisdiction) you may have in and to any of Your Submitted Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Choosic, its parent, subsidiaries, affiliates, and partners are not obligated to use Your Submitted Information submitted through the App or otherwise, and may alternatively choose, in its sole discretion, to discard, refuse to post, limit or block access to Your Submitted Information without any liability whatsoever. You acknowledge that the App, through Choosic, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Submitted Information, but that it has the right, in its sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of Your Submitted Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Submitted Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Submitted Information. Since Choosic, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in Your Submitted Information.
13. Disclaimer of Warranties
THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APP, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CHOOSIC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT:
- THE PROPERTIES;
- THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PROPERTIES;
- THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PROPERTIES;
- THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PROPERTIES BY USERS;
- ANY PRODUCTS OR SERVICES OFFERED VIA THE APP OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
- THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PROPERTIES;
- SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PROPERTIES OR ANY LINKED SITE.
CHOOSIC DOES NOT WARRANT THAT THE PROPERTIES, ANY OF THE PROPERTIES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTIES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHOOSIC DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, CHOOSIC SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PROPERTIES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP, THE SERVICES OR THE CONTENT. FURTHER, CHOOSIC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. CHOOSIC, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE APP OR OTHER PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK.
14. Disclaimers/Limitation of Liability
- THE PROPERTIES, THE CONTENT, OR YOUR SUBMITTED INFORMATION;
- THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PROPERTIES OR ANY OF THE CONTENT OR FEATURES THEREON;
- ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CHOOSIC OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PROPERTIES OR CONTENT;
- ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS;
- ECONOMIC LOSS (INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); OR
- LOSS OF GOODWILL OR REPUTATION; OR
- SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSS;
- ANY ERRORS OR OMISSIONS IN THE PROPERTIES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE CHOOSIC ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTIES).
- DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE;
- THE TORT OF DECEIT; OR
- ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
- your use of the Properties;
- your use of the Content; or
- your placement or transmission of any of Your Submitted Information or any other content or materials on or through the Properties.
You will cooperate as fully and reasonably as required by Choosic in the defence of any claim. Notwithstanding the foregoing, Choosic retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Choosic herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without Choosic's prior written approval.
16. Governing Law
20. Effective Date