TERMS OF SERVICE
These terms of service (“Terms of Service”) constitutes a legal agreement between you and Allihoopa AB, Riddarhuskajen 1, SE-111 28 Stockholm, Sweden (“Allihoopa”) and govern your use of the services described in section 1.1. Please read this agreement carefully.
This TOS Agreement covers the Allihoopa Services and Content as further defined below. Software license terms governing Allihoopa software and applications offered as a standalone service are found in the software EULA pertaining to the applicable product and in the applicable marketplace, e.g. Apple app store.
Allihoopa is the provider of specific sharing service platforms including music creation applications for mobile and desktop use, websites, song sharing pages, song players, sharing tools and APIs (the “Services”), that allow you to create, edit, upload, download, listen to and use music and sounds (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 and Content you must first agree to these Terms of Service. If you do not accept these terms, you are not entitled to use the Services or Content. You accept these Terms of Service (including any sublicenses and third-party licenses referred to in these Terms) 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 and Content you provide to the Service.
You agree that Allihoopa and/or third parties own all rights to the Services, Content, unless it is Content you own and have added to the Service, and any products available through the Service, including without limitation all applicable intellectual property rights. Intellectual property rights include, 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 and/or Content.
You retain all of your ownership rights in the Content that you create or upload to the Services. However, by uploading Content you grant Allihoopa a non-exclusive right to use your Content and a limited sublicense to grant every Allihoopa user the non-exclusive right to use your Content, with limitations outlined below. The license with sublicense rights (“License”) includes a right to copy, reproduce, communicate to the public, distribute, prepare derivative works of, modify and adapt your Content in media and through distribution services to the extent permitted by these Terms of Service. The License applies worldwide and is royalty-free. The License is revocable only to the extent the Content has not been used by another User and/or distributed to a third-party service, as further defined below (Sections 3.5 and 9). This License includes the right to use the Content in a commercial setting but not to Monetize the Content. “Monetize” shall mean to generate money or some form of currency and/ or income directly through the exploitation of one or more individual pieces of Content.
The scope of the rights and limitations of in the License include the following:
i. Allihoopa is a commercial business that makes money by charging for some products and services. We do not and will not generate income through the sale or license of any specific piece of Content without your advance, express approval.
ii. Allihoopa may enter into agreements with third party services from time to time to enable users of third party services to access and use Content within the third-party service, or to allow Allihoopa Users to use third party services in creating and sharing Content, but in all cases the terms and conditions of this Agreement shall apply to such third-party services.
iii. Users are NOT allowed to make money from the sale, license or other exploitation of any Content on the Service, including original Content that user has contributed unless the user is exploiting ONLY that Content that the user owns in its entirety.
iv. Users are allowed to post Content on social media sites, so long as the user is not earning revenue from the Content. This exclusion covers, but is not limited to, advertising revenue from the use of Content in a video posted to a social media site.
v. Users are allowed to share Content via email, text or any other digital personal messenger service subject to the prohibitions on Monetization.
vi. Content Users add to another User’s Content (whether uploaded to the Allihoopa site, or shared on third-party sites, or shared through personal communications referenced in Section 3.1(A)(v)) above shall not contain: (a) political speech; (b) highly offensive and/or sexually explicit Content; (c) product endorsements; (d) incitements to violence; (e) hate speech.
vii. Allihoopa’s rights to sublicense include the right to assign this Agreement and/or grant third party services access to the Content, subject to the terms, conditions and limitations herein.
B. Failure to comply with one or more terms and conditions of the License may result in one or more of the following: a User’s permanent removal from accessing the Allihoopa network; all User’s Content being removed from the Allihoopa platform; Allihoopa pursuing removal of a User’s Content from a third-party platform; cooperation with the authorities in pursuing civil and/or criminal charges if warranted; lawsuit for copyright violations, breach of the terms of this Agreement and/or violations of law. See also, Section 5 regarding copyright violations.
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, subject to the terms and conditions of this Agreement. You also understand that your uploaded music may be modified by other users of the Services without your prior approval. No user has the right to monetize any specific Content.
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 written 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 solely to the extent of the sublicense granted to Allihoopa from the user who created the Content and subject to the limitations in this Section 3.
4. RULES OF CONDUCT
Please be nice and thoughtful of others. We want to keep everything running smoothly and be welcoming for everyone.
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 AND BREACH OF TERMS POLICY
Allihoopa respects the intellectual property rights of others and expects users of the Services and Content to do the same. Allihoopa will respond to notices of alleged copyright infringement that are properly provided as follows:
A. 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.
B. If you believe that a user has violated the Terms of Service by monetizing the Content, please notify us providing the same information as 5.1(A) above, plus information where the Content is alleged to have been monetized. Allihoopa will use reasonable commercial efforts to have the Content removed if it is being monetized on a website or to recover the amounts earned in violation of these Terms. However, given the nature of the Services and the inability for Allihoopa to track ownership percentages in a piece of Content, any monies recovered from a violation of the prohibition on monetization in excess of the actual fees incurred in pursuing the violation shall be donated to Musicians without Borders.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is firstname.lastname@example.org.
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. In doing so, some or all of the Content may become unavailable. If a user has provided Content to Allihoopa through the Services and wants to maintain a copy of the Content, user should duplicate the original Content created and uploaded to the Services. For the sake of clarity, the only content a user may freely use without regard to these Terms of Service is original content, created by the user and either added to an existing piece of Content originally downloaded from the Service or uploaded to the Service in the first instance by the User.
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. If you terminate your use of the Service and/or the Content, you must delete all Content that is not content that is 100% exclusively created and owned by you. Any continued use of the Service and/or the Content shall mean you continue to be subject to these Terms of Service and agree to be bound by them.
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, Riddarhuskajen 1, SE-111 28 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.