Terms of Service
These terms of service (“Terms of Service”) constitutes a legal agreement between you and Allihoopa AB, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden (“Allihoopa”) and govern your use of the services described under section 1.1. Please read this agreement carefully.
This TOS agreement is only about Allihoopa’s service—that is the stuff on servers on the Internet—and not about our software or apps. If you are only using our software or apps standalone and not sharing through our service, then these terms don’t apply to your usage.
(Software license terms are found in the software EULA pertaining to the applicable product and on the applicable market place, e.g. Apple app store.)
Allihoopa is the provider of specific sharing service platforms (the “Services”) with music creation applications for mobile and desktop use, websites, song sharing pages, song players, sharing tools and APIs, that allows you to create, edit, upload, download, listen to and use music and sounds (collectively the “Content”). These Terms of Service apply to all users of the Services, including users who are also contributors of Content on the Services.
To use the Services you must first agree to these Terms of Service. If you do not accept these terms, you are not entitled to use the Services. You accept the Terms of Service (including any end user licenses and third party licenses referred to in the Terms of Service) by either creating a user account or otherwise clicking to agree or accept where these options are presented. You agree to comply with the Terms of Service and any applicable law, regulations or policies in the relevant jurisdiction. In the event that the Services are used in conjunction with a third party service or product, you agree to comply with the terms and conditions pertaining to such third party service or product.
Allihoopa may modify these Terms of Service by posting new or additional terms. Such modifications and additional terms will be incorporated into the agreement between you and Allihoopa. If you do not agree to the changes, you must notify Allihoopa and cease your use of the Services and any product and Content obtained through the Services. Your continued use of the Services is your acceptance of the changed Terms of Service.
If you are under 18 years of age, you must have your parents or legal guardian’s permission to use the Services.
2. USE OF THE SERVICES
Allihoopa reserves all other rights not expressly granted in the Terms of Service.
In order to access certain features or services provided through the Services, you may be required to provide information about yourself; such as your name, address and billing details. You agree that any such information you provide to Allihoopa will always be accurate, complete and current at all times. Certain features or services may also require you to open a user account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Allihoopa immediately of any unauthorized use of your account or password.
You agree that you will not (i) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), (ii) use the Services to transfer or upload Content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property or (iii) use any Content provided through the Services in a way that interferes or disrupts any servers, networks, or websites operated by Allihoopa or any third party or (iv) in any other manner misuse the Services or use the Services other than for the intended purpose.
You are responsible for backing up your own system, including Content obtained through the Services.
You agree that Allihoopa and/or third parties own all rights to the Services and any products available through the Services, including without limitation all applicable intellectual property rights. Intellectual property rights includes, without limitation, copyright, trademark rights, patent rights, design rights, trade secrets, know-how and any and all other proprietary rights worldwide.
You agree that you will not (i) copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Services, (iii) use the Services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Allihoopa’s or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Services.
3. SERVICES – LICENSE
You retain all of your ownership rights in the Content that you create or upload to the Services. However, by uploading Content you grant every user and Allihoopa a non-exclusive right to use your music (with the right to sublicense). The license includes a right to copy, reproduce, communicate to the public, distribute, prepare derivative works of, modify and adapt your Content – even for commercial purposes – in any and all media and distribution methods and to the extent permitted by the Terms of Service. The license applies worldwide and is royalty-free and irrevocable.
Because we offer an open music sharing service, we ask for broad rights, so we can publish files on the Internet, and so others can freely use the stuff that is posted. In kind, you’ll be able to use everything you find on the service.
Know that even though you are granting broad rights to all, you always maintain ownership of your stuff.
We don’t intend to sell your content. Other people on the service might end up doing something successful with content they find and even make money from it (and so could you for that matter).
You understand that the Content uploaded by you may be used freely by other users, as well as included in the music, songs and Content of other users – even for commercial releases. You also understand that your uploaded music may be modified by other users of the Services without your prior approval.
The license to Allihoopa includes a right to use the Content to perform the Services and in marketing of the Services or Allihoopa. Allihoopa has the right to assign and sublicense the license.
We want to be able to highlight cool stuff we find.
Note: there’s a way for you to set your content to “unlisted” (in the Music section of your account). Your unlisted content won’t be discoverable by others, and we won’t highlight it. Unlisted files have secret links on the Internet and theoretically could be viewed if someone happens to get the secret URL.
You can always delete files, but know that someone could have already downloaded them before you deleted them.
You agree to and warrant that the Content is created, owned or duly licensed by you and that Allihoopa does not need the permission or license from any third party to use the described rights. You may not upload Content that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have the permission from the rightful owner of the material.
By uploading Content you further – to the extent permitted by law – waive any moral rights that may be vested in you as creator.
Content that you have uploaded may be removed from the Services on your request. Please note that such removal has no retroactive effect and that your license still applies to use of Content started before such removal.
As a user of the Services, you are granted a license in accordance with section 3.1 from each other user who uploads Content. You understand that Allihoopa is thus not the licensor and does not warrant or is liable in connection with your use of the Content. The terms in these Terms of Service limiting Allihoopa’s liability also apply to your use of the Content.
4. RULES OF CONDUCT
Please be nice and thoughtful of others.
We want to keep everything running smoothly and be welcoming for everyone.
4.1 You agree that you will not use the Services to defame, harass, discriminate or threaten another person/company or in any other way violate rights. You may not upload Content or other material which promotes illegal activity, is racially or ethnically offensive, constitutes defamation or is otherwise discriminating or offensive in any other way.
Allihoopa reserves the right to immediately, without prior notice to you, remove any Content or other material from the Services that Allihoopa, in its sole discretion, deems to be in breach of these Terms of Service or any other terms or conditions posted on the Services or otherwise deems to constitute a misuse or a use of the Services for other than the intended purpose. Allihoopa reserves the right to terminate a user’s account if you take any action that Allihoopa determines is harmful to the Services or the use of the Services by others or is in violation of applicable law or these Terms of Service.
5. COPYRIGHT POLICY
Allihoopa respect the intellectual property rights of others and expects users of the Services to do the same. Allihoopa will respond to notices of alleged copyright infringement that are properly provided.
If you believe or suspect that Content on the Services is in breach of the Terms of Service or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you 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 (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is email@example.com.
6. PROVISION OF THE SERVICES
Allihoopa reserves the right to modify, suspend or discontinue the Services (or any part of features thereof), at any time without prior notice to you. Allihoopa is not liable to you or any third party should it exercise such rights.
You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Services or any purchases through the Services, and that the reporting and payment of any such applicable taxes are your responsibility.
From time to time, Allihoopa may discover that the Services or part thereof violate any legal agreements, laws or policies. Allihoopa reserves the right to immediately discontinue the Services or relevant part thereof without any prior notice to you.
7. EXPORT RESTRICTIONS
In the event products are provided through the Services, then such products may be subject to laws or regulations relating to the control of imports and exports of the products. You agree to comply with all such applicable laws and you shall not export or re-export directly or indirectly any part of the products to any such country without first obtaining permission from the relevant authority.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Allihoopa, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Services, including your downloading, uploading, installation, or use of any products or Content, or your violation of these Terms of Service.
These Terms of Service will continue to apply until terminated by you or Allihoopa. Please note that a license to Content that you have uploaded cannot be terminated with retroactive effect and that your license still applies to use of Content uploaded before such termination.
If you want to terminate these Terms of Service, you may do so by notifying Allihoopa and ceasing your use of the Services and Content obtained through the Services.
Allihoopa may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) if Allihoopa is required to do so by law; or (iii) if Allihoopa decides to no longer provide the Services.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES AS WELL AS THE SERVICES THEMSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICES CANNOT CHANGE.
YOUR USE OF THE SERVICES AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
11. LIMITATIONS OF LIABILITY
SUBJECT ALWAYS TO SECTION 11.2, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALLIHOOPA AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICES OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICES, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, ALLIHOOPA ́S LIABILITY SHALL NEVER EXCEED ONEHUNDRED (100) EUR.
Nothing in the Terms of Service will affect the statutory rights of any consumer nor exclude the liability of Allihoopa, its subsidiaries or affiliates for: (i) death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited by applicable law.
Allihoopa may assign, transfer, sell or otherwise dispose its rights and obligations under these Terms of Service, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.
Allihoopa may notify you with respect to the Services by sending an e-mail message to the e-mail address provided by you or by a posting on the Services. Notices shall become effective immediately.
These Terms of Service and the use of the Services are governed by Swedish law.
Version dated 9 February 2016
1. COLLECTION AND USE OF YOUR PERSONAL INFORMATION
Personal information is data that, directly or indirectly, can be used to identify or contact a single person.
You may be asked to provide your personal information anytime you are in contact with Allihoopa. When you create a user account, purchase a product, register your product, download software or updates, Allihoopa may collect a variety of information; including your name, mailing address, phone number, e-mail address, contact references, and credit card information as well as information regarding your use of the Services or Products.
Allihoopa uses the personal information to communicate with you and to send you important notices, such as information about purchases, information on technical services issues, support, security announcements and changes to our terms, conditions and policies.
Allihoopa may also collect and use the personal information to operate and improve its website, services and products, and to make them easier to use. The personal information may also be used for research and data analysis for the same purpose.
In addition, the personal information allows Allihoopa to keep you informed about new products, software updates and upcoming events. If you do not want to receive such information, you can opt-out anytime by changing your settings at your user account or by following the specific instructions in the e-mail you receive.
You may request access to your personal information processed by Allihoopa so that you can request that Allihoopa correct the information if it is inaccurate or, to some extent, request the deletion of data. Access, correction or deletion requests shall be made in writing to Allihoopa AB, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden.
The personal information collected may be stored and processed in Sweden or any other country, which has an adequate level of protection for personal data, in which Allihoopa or its affiliates, subsidiaries or service providers maintain facilities. Allihoopa’s website, products and services may contain links to third party websites, products and services. Information collected by third parties is governed by their privacy practices.
Allihoopa takes precautions to protect the security of your personal information against loss, disclosure, unauthorized use or other misuses.
2. SHARING OF PERSONAL INFORMATION
3. COOKIES AND OTHER TECHNOLOGIES
Allihoopa may use technologies, such as cookies, to collect information about the pages you view, the links you click and other actions you take on Allihoopa’s website and services. Cookies are small text files that are stored on your hard drive through your web browser.
Cookies on Allihoopa’s websites
Allihoopa uses session cookies as well as persistent cookies on its websites. A session cookie is a temporary cookie which is erased when a session is ended, i.e. usually when you close your browser, while a persistent cookie is stored in one of your browsers subfolders until deleted manually or the set duration period of the persistent cookie expires.
Third party cookies on Allihoopa’s websites
Allihoopa also uses third party cookies. Third party cookies may be necessary in order for third parties to provide its services to Allihoopa. Allihoopa uses third party cookies such as __ga in order to access Google Analytics data, and ajs_user_id in order to access Segment data.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your settings to decline cookies as well as delete existing cookies from your device if you prefer. If you choose to decline and/or delete cookies, you may not be able to use all features of Allihoopa’s websites or services that depend on cookies.