To make it easier to understand our terms of use (“Terms of Use” or “Terms”), we thought we would start by highlighting in plain English some of the key issues.
The Serenader app allows users to customize the play of a song to their tastes. This is done by making a personal selection of available musical performance recordings made for the song. Typical musical performance recordings might be a guitar accompaniment, a drum beat, etc. The audio settings of recordings may be also selected. A personal song customization is called a “serenade”.
SECTION A
Key Terms:
You agree to play any music available on the Serenader App (the “App”) only for your personal use.
You may download a reference audio recording of a song only to help you record a musical performance that you want to contribute to the song. The song maybe yours or someone else. No other uses are permitted.
With regard to new serenades that you create of any song on the App, you may share such new serenade with other users of the App as well with anyone on the Internet, provided that you shall make no other use of such new serenade except with the express written permission of Dopastream and the original creator(s) of the recording(s).
You agree that any new serenade made by you can be revised, changed and made into a new serenade by Dopastream or any other user of the App.
You will not attempt to harm the Dopastream App (the “App”) in any way.
You will not create a false identity or pose as anybody else.
Do not use the App if you do not agree to the Terms of Use. Your use of the App means you agree to all the Terms of Use herein.
Should you have any questions concerning these Terms of Use or need technical support, you may contact us at info@dopastream.com
SECTION B
All Terms:
These Terms of Use together with your use of the App will create an ("Agreement") between you and Dopastream ("Dopastream”, "we", "us" or "our") providing, among other things, the terms and conditions for your use of the App, including but not limited to delivery via the Internet, a mobile device, any future technologies, or otherwise. We may from time to time modify these Terms of Use and will post a copy of the amended Terms on the App. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the App. You will be deemed to have accepted the Terms of Use as amended if you continue to use the App after any amendments are posted on the App. PARENTAL ADVISORY. IF YOU ARE A USER BELOW THE AGE OF 18, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE APP IS NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 18 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR APP. BECAUSE THE APP MAY PROVIDE ACCESS TO MUSIC OR OTHER CONTENT THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE DOPASTREAM APP, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE APP, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE APP. YOU MAY BE DENIED ACCESS TO THE APP, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
1. AUTHORIZED USERS
1.1 Age Requirement; Authority. In order to use the App, you represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not access or use the App.
1.2 Registration. To use any aspect of the App and/or to become a Subscriber (see Section 4 below), you may be required to register and provide certain information, including without limitation, a member or user name, a password and a valid email address (the "Account Information"). You may also at some time in the future be required, in our discretion, to register with Facebook and/or Twitter or another social networking App to use our App. You also agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Dopastream will use your Account Information in accordance with our Privacy Policy (see Section 9 below). By providing Dopastream your email address, you consent to our using that email address to send you information about Dopastream, news items, and any other announcements. You may opt out of receipt of such announcements by sending an email to us at info@Dopastream.com. We may also use such email address to provide any notices required by law in lieu of postal mail. In our discretion you may be permitted to post comments to the App. If Dopastream permits users to make comments on the App, you agree you will not post obscene, indecent or defamatory comments. And Dopastream reserves the right to remove any comments in its sole discretion.
1.3 Account Confidentiality. You agree that you will not allow others to use any element of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your Account Information. You agree to notify us immediately of any unauthorized use of your password and/or Account Information. Dopastream will not be responsible for any losses arising out of the unauthorized use of your member or user name, password and/or other Account Information, and you agree to indemnify and hold harmless Dopastream, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
2. LICENSE TO USE THE SERENADER APP
2.1 License Grant. Dopastream grants to you a limited, non-exclusive, non-transferable license to access and use the App for personal non-commercial purposes only.
2.2 Right To Make New Serenades of Recordings. Dopastream grants to you the right to make new serenades of any recording on the App, and share those new serenades with other users of the App or anyone on the internet, provided that you will make no other use of such new serenade except with the express written permission of Dopastrem and the original creator(s) of the recording(s).
2.3 Limitations on Making New Versions. With regard to any new serende of recording(s) you make, you will confine those changes to the possibilities set up by Dopastream or the original creators. Any violation by you of the license provisions contained in this Section 2.1, 2.2 or 2.3 may result in the immediate termination of your right to use the App. Dopastream reserves all rights, title and interest not expressly granted under these Terms of Use to the fullest extent possible under applicable laws. ANY USE OF THE DOPASTREAM APP NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE IS STRICTLY PROHIBITED.
2.4 Others Right to Change Your New Version. You specifically agree that other users may make changes to your serenade of the recording(s) and create their own new serenade of the recording from it and share it with other users of the App or anyone on the internet. You also agree that Dopastresm may make changes to your serenade of the recording(s) and create its own new serenade of the recording(s) from it and share it with other users on the App or anyone on the internet.
2.5 Updates. Dopastream may from time to time make available to all users of the Dopastream App, updates at no cost or subject to additional fees in Dopastream sole discretion. "Updates" means any updates, upgrades or error corrections to the App that Dopastream makes available generally to users of the App. Notwithstanding anything else contained in this Agreement, Dopastream will have no obligation to continue producing or releasing new versions of the Dopastream App or any updates thereto.
3. RESTRICTIONS
You agree that you will not:
3.1 use the Dopastream App to reproduce copyrighted materials except as authorized in Section 2 above;
3.2 edit, change, prepare any derivative work of, except as expressly permitted by sound files provided by Dopstream platform or the original creator;
3.3 make the App available over a network (other than our network) where it could be used by others;
3.4 provide your password, if any, to any other person;
3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the App or any portion of the App;
3.6 circumvent any technology used by us or our licensors to protect content accessible via the App;
3.7 rent, lease or sublicense any of the content in the App; or
3.8 use the App in any way that violates the terms of this Agreement.
4. PATENTS, COPYRIGHTS & TRADEMARKS
4.1 As between you and Dopastream, you acknowledge that Dopastream owns or has a license to use all copyrights and patents associated with the App. All title and intellectual property rights in App is the property Dopastream.
4.2 The following are registered trademarks or trademarks of Dopastream: “Serenader”, and any of its design logos, as well as certain other Dopastream trademarks, service marks, and graphics (collectively, the "Dopastream Trademarks") used in connection with Serenader. The App may also contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Dopastream Trademarks or the trademarks of any third party.
5. SECURITY Dopastream uses technology to protect the digital information provided by us from unauthorized use. Your use of the Serenader App may be limited by such technology. You acknowledge that, from time to time, Dopastream may modify or discontinue using such technology. Security modifications made by Dopastream may from time to time include required updates to the Dopastream App. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
6. PRIVACY POLICY Dopastream cares about your privacy. It is important that you read and understand the terms of Serenader Privacy Policy appended hereto. Dopastream may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Serenader App.
7. TERM
This Agreement will remain effective as long as you use the App or until terminated by us for any reason in our discretion. Sections 3-5 and 8-14 will survive termination and continue in effect.
8. DISCLAIMERS
8.1 THE SERENADER APP (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE APP WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOPASTREAM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DOPASTREAM MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE APP WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DOPASTREAM DISCLAIMS ANY LIABILITY RELATING THERETO.
8.2 DOPASTREAM MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SERENADER APP WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, DOPASTREAM MAY MODIFY, SUSPEND, OR DISCONTINUE THE APP (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER DOPASTREAM ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE APP, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
8.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. DOPASTREAM DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
8.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE APP. DOPASTREAM WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
8.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE APP MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT DOPASTREAM ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
9. LIMITATION OF LIABILITY
9.1 IN NO EVENT WILL DOPASTREAM BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF DOPASTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DOPASTREAM OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
9.2 DOPASTREAM ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE ACTUAL AMOUNT PAID BY YOU AS A SUBSCRIBER.
10. INDEMNITY YOU WILL INDEMNIFY AND HOLD DOPASTREAM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE APP.
11. MISCELLANEOUS
11.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the App.
11.2 Dopastream or its business partners may present advertisements or promotional materials via the App. Your dealings with, or participation in promotions of any third-party advertisers via the Serenader App are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Dopastream is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Serenader App.
11.3 The Serenader App may present links to third-party webApps or third-party services not owned or operated by us. We are not responsible for the availability of these third-party Apps or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party App or services or goods or services available through any such third-party App or service.
11.4 The Serenader App is owned or licensed by Dopastream and is protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
11.5 This Agreement will be governed by the laws of the State of California applying to contracts made and to be performed in California. The exclusive jurisdiction for any claim, action or dispute with Dopastream or relating in any way to your use of the App will be in the state and federal courts of the State of California.
11.6 Should you have any questions concerning this Agreement or need technical support, you may contact Dopastream at the following email address: info@Dopastream.com
11.7 Dopastream may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on App, as determined by Dopastream in its sole discretion. Dopastream reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
Section For Artists Who Contribute Songs And Recordings
For good and valuable consideration the receipt of which hereby acknowledged, the parties hereto agree as follows:
A. TERMS OF USE: By accepting this Agreement, you also agree to Dopastream’s Terms of Use as they appear in Serenader’s app (the “App”). Should you have any questions concerning these Terms of Use or need technical support, you may contact us at info@Dopastream.com.
B. PARTICIPATION IN SERENADER:
1. DOPASTREAM:
a. Serenader uses a real time streaming technology for music made by Dopastream.
b. Users of the App can access songs and modify them in real time. The App allows users to customize a song to their tastes as the song plays; adjust the volume of each instruments; browse serenades that participating artists provide; and share their customizations with their friends who in turn can make their own customized serenades.
c. The App shall be free of charge although Dopastream reserves the right to add “premium” service in the future.
d. Users shall be permitted to download reference audio of serenades only for personal use to help recording their own musical performances and contribute them to the song.
2. NON-EXCLUSIVE GRANT OF RIGHTS:
a. You hereby grant to Dopastream the non-exclusive right to use recordings (“Records”) of musical compositions (“Songs”) and musical performances (“Performances”) that you Deliver to Dopastream, as well as other Materials as defined in Paragraph 4(a)(iii) below. For purposes of this Agreement, “Deliver” shall mean:
(i) that you shall deliver sound files for your Record and instructions for how you would allow users to modify the Record provided that users shall always at least have the ability to vary the volume and pan of each instrument. You can create several serenades of your Record for users to listen to by defining different sets of sounds files. A serenade consists of mixing instructions or “mixing recipe.” For instance, the “unplugged serenade” might be just the voice and acoustic guitar sound files. The “plugged-in” serenade may include electric guitar instead of acoustic guitar. You can also upload more sound files at a subsequent time and create more serenades. Serenades may be presented to users as “flavors” or “moods” to aid categorization and song discovery by users. The App tastes-matching algorithms may also create spontaneously serenades to better match users specific tastes. You shall be able to define the extent of the modifications to your Records that users or the App algorithms may do. Listeners will see that as limited controls on the App. The following are examples of restrictions that you may place on users ability to modify your Records: (i) you might restrict a user from fully turning down the volume of instruments; (ii) or you might restrict users from playing your Record without the original vocals; (iii). you may decide that users can only add or remove specific instruments; (iv) you might limit the addition of of more than one instrument from a third party. All of these files will be stored in your digital locker on Serenader’s server.
(ii) that you deliver at least one image of yourself and a song description for each Song and Record. You shall have the option of delivering lyrics for each Song.
b. Users shall have no ability to download your individual sound files.
c. You shall only be permitted to upload Records and Songs, or other Materials, that you have the right to grant non-exclusive licenses for third party use, and which require no clearances, permissions or payment from or to any third party.
d. You grant Dopastream the right to allow users of the App to modify the Songs and Records, provided that users shall not be allowed to download the sound files of your Record, provided further that they will have the ability to share their serenades of your Records by sharing access to serenade data containing sound file identifiers and mixing instructions, that the users create. The serenades data shall be stored in the user’s personal digital locker. When a serenade data is accessed by those the user shares the serenade with, the recipient will hear the serenade but shall not have the ability to download the individual sound files.
e. Subject to 2(a)(i), users shall also have the ability to make musical additions to your Records. By way of example, if your Record consists of your voice and piano, a user may add a guitar performance to the Record. Users shall have the right to share these new recordings with other users together with the serenade data. Those other users will have the ability to listen to the serenade with or without the new recording.
f. Those that the user shares their serenades with shall also have the ability to make new serenades of the serenade and, subject to 2(a)(i), add new recordings to the their serenade.
g. Except for Dopastream’s non-exclusive right to include your Songs and Records in the App as set forth herein, you shall retain any and all other rights in each Song and Record including the copyrights therein. Nothing in this agreement will limit your right to make any other use of each Song or Record including your right to sell, license or otherwise exploit the Song and/or Record, provided that you may not use “Serenader” or any logo or other mark associated with Dopastream, in connection with the promotion, sale or license of any Song or Record, without the express prior written permission of Dopastream.
i. You hereby give Dopastream the right to use your name, image, likeness, and approved bio in the App in connection with your Songs and Records, and in any advertising, promotion or marketing of such Records.
j. You acknowledge that Dopastream may make copies of your sound files and your serenades data in order to distribute the content to multiple servers. Some of these servers may be in other jurisdictions or countries. The purpose shall be to serve users with the closest bank of streaming servers.
3. TERM, TERRITORY, AND TERMINATION: Dopastream's non-exclusive rights as set forth herein shall be perpetual and shall extend throughout the world. Notwithstanding the foregoing, you shall have a right to terminate this Agreement in regard to your grant of such non- exclusive rights in any, or all the Songs and Records, upon notice of three months (3) months. Dopastream will take down any Song or Record that you direct within that period of time. Dopastream also reserves the right to take down any Record from the App.
4. WARRANTIES AND INDEMNITIES:
a. You warrant and represent that:
(i) You are under no disability, restriction or prohibition, whether contractual or otherwise, with respect to (A) your right to enter into this Agreement, and (B) convey the rights granted to Dopastream hereunder, to perform each and every material term and provision hereof, and to record each and every musical composition hereunder;
(ii) To the extent of your contributions hereunder, Dopastream shall not be required to make any payments of any nature for, or in connection with, the acquisition, exercise or exploitation of rights granted to Dopastream by you pursuant to this Agreement, except as specifically provided in this Agreement;
(iii) Neither the Songs or Records nor any use of the Songs or Records by Dopastream will violate or infringe upon the rights of any person. To the extent of your contribution to the App of any other Materials, such Materials shall not violate or infringe upon the rights of any person, nor shall Dopastream’s use of them will violate the rights of any person. “Materials” as used in this subparagraph means any musical, artistic and literary materials, ideas and other intellectual properties furnished by you, contained in or used in connection with any Record or Song made hereunder, which have not been supplied by the Dopastream. For avoidance of doubt, you shall not sample any third party work without the express written approval of Dopastream;
(iv) All of your representations and warranties shall be true and correct upon execution hereof, and shall remain in effect in perpetuity. Dopastream's use of Songs, Records or Materials hereunder shall not constitute a waiver of any of your representations, warranties or agreements in respect thereof.
b. You shall at all times indemnify and hold harmless Dopastream and any licensee or assignee of Dopastream from and against any and all third party claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of breach by you of any warranty, representation or agreement made by you herein.
c. Dopastream warrants and represents that:
(i) Dopastream is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to enter into this Agreement, and to perform each and every term and provision hereof;
(ii) All of Dopastream’s representations and warranties shall be true and correct upon execution hereof, and shall remain in effect in perpetuity.
5. ASSIGNMENT AND RIGHT TO EXPLOIT ARCHIVE: Dopastream shall have the right to assign, transfer, sell or license this Agreement or any of its rights or obligations under this.
6. AGREEMENT: This Agreement shall be fully valid and enforceable by you clicking on the “Accept” button in the App and providing all the information required by Dopastream in the App.
7. NOTICE: Dopastream may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on App, as determined by Dopastream in its sole discretion. Dopastream reserves the right to determine the form and means of providing notifications to you.
8. JURISDICTION: This Agreement will be governed by the laws of the State of California applying to contracts made and to be performed in California. The exclusive jurisdiction for any claim, action or dispute with Dopastream or relating in any way to your use of the App will be in the state and federal courts of the State of California.
9. MISCELLANEOUS: Should you have any questions concerning this Agreement or need technical support, you may contact Dopastream at the following email address:info@Dopastream.com
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.