Plushmusic Terms of Service
By using or accessing this website you confirm your agreement to be bound by this Agreement. Your use of this website is at all times subject to this Agreement (which forms a legally binding contract between Videojuicer and you) and all applicable laws. If you do not agree to this Agreement, do not use this website.
We reserve the right to change this Agreement from time to time. Any such changes will be displayed on this website. Your continued use of this website following such changes will be deemed to be your acceptance of such amended agreement. If you do not accept any such changes, you should stop using this website.
1. The Service
This online community television service (“Service”) is provided to you by Videojuicer Limited (“Videojuicer”, “we” or “us”) on behalf of the Community Environment Owner (“Community Environment Owner” or “CEO”) subject to the terms and conditions below (“Agreement”). The “Service” includes this website (“Site”) and all associated services and software and the audiovisual content made available through the Site, now or in the future (“Content”). The Service enables the creation of a community that produces, views, shares and remixes Content on multiple media through use of the Service’s “Playout” function. As part of this community, users (“you”) may watch, and may be able to create Content, upload it to your own channel on the Site, share it, and remix it with other Content or display it on your website (on the terms set out below).
You may also be able to upload or display audio and/or visual musical works (“Musical Works”) on the Site and receive royalties for their use, if you enter into a distribution licence with Videojuicer (“Distribution Licence”). This particular service is specifically designed to keep track of who submits a Musical Work, and where it’s used so that we can give credit for it when it’s used by others.
If you do not own the rights in or to, or have the requisite permissions to license, a Musical Work, Videojuicer may be able to help you to produce and distribute your own Musical Work. You will need to enter into a recording agreement (a “Recording Agreement”) and a production and distribution licence (a “Production and Distribution Licence”) with Videojuicer in order to do this. The Musical Work may then be featured on the Site and you’ll receive credit for it when it’s used by others.
2. Using the Service
You agree to use the Service only for lawful purposes and only in conformity with all regulations connected with the Service, including this Agreement. Also you agree to comply with all applicable local, national and international laws and regulations as well as with all applicable Internet regulations.
If you wish to upload and/or display Musical Works onto the Site you must enter into a Distribution Licence or a Production and Distribution Licence (each a “Licence Agreement”) with Videojuicer, which will govern the terms upon which you are permitted to do this. See Publishing Material on Plushmusic.tv for further information.
Please note that; when you upload Content (including Musical Works) onto the Site you will have the opportunity to tag it with metadata so that users can search for it.
Other users may place or otherwise associate tags or comments with Content (including Musical Works) you have submitted. Such tags or comments may misrepresent your Content, may rate your Content, or may be otherwise disparaging, embarrassing, or unfavourable. You agree not to submit any Content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, or is otherwise inappropriate, is a falsehood or misrepresentation, is an advertisement or solicitation of business, is intended to impersonate another person, is harmful to minors, makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances or violates any third party’s privacy.
You agree not to submit Content that belongs to anyone other than you, is protected by trade secret or is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have written permission from the rightful owner to submit such Content to the Service and to grant Videojuicer all necessary rights in accordance with the terms of this Agreement.
Save for Content produced or owned by Videojuicer, Videojuicer does not review, control, monitor or moderate any of the content on the Site, including tags or comments placed by users. We do not endorse the Content uploaded to the Site or the views expressed by any user. Content posted to the Site may be subject to copyright protection and other restrictions imposed by the holder of the copyright to such content. You are solely responsible for determining whether your use of material submitted to the Site is lawful. However, we will respond to any notice given of copyright infringement, libel, slander, obscenity in accordance with applicable laws. We reserve the right to remove content from the Site for any reason.
You must not:
- modify any other websites or documents so as to falsely imply association with the Service, Videojuicer or any other Videojuicer product or service,
- resell, reproduce or otherwise exploit any part of the Service without the express written permission of Videojuicer,
- use the Service for the purposes of sending unsolicited “spam” email, viruses, worms, or any other similar contaminating or destructive features or messages,
- store or transmit Content which contains links to, or hint and/or give indications about, another web site which permits any of the prohibited activities listed above,
- abuse (whether written, verbal, physical or otherwise) any other user or any employee or representative of Videojuicer or the Community Environment Owner,
- upload or post any content (including audio content) to which you do not have the necessary rights.
Lastly please do not try any dangerous stunts or tricks in the quest to create cool content. Neither Videojuicer nor the CEO accept any responsibility or liability for any injuries to any persons or their pride while trying to create content.
3. Opening an Account
To use the Service you will need to create a Videojuicer account (“Account”). To create and hold an Account, you must;
- be aged 13 years or older,
- be an individual or other legal person or entity (automated signups, whether in bulk or not, are forbidden),
- be responsible for the security of your Account and password (we will not be held liable for any loss or damages suffered if you fail to comply with this obligation),
- not share your Account (only one person may use each Account),
- not use or maintain more than one free Account,
- not use the Service for any illegal or unauthorised purpose,
- comply with applicable laws,
- provide true, accurate, current and complete information (“Registration Data”) about yourself as prompted by the registration form and maintain and promptly update the Registration Data to keep it true, accurate, current and complete,
- choose a nickname which is how you will be known in the community. This nickname must not be offensive, vulgar, deliberately impersonate another person so as to cause deception, imply you are a Videojuicer or CEO employee or associate, or violate any trademark or copyright. Videojuicer reserve the right to delete any nicknames it deems inappropriate for any reason,
- choose a password to access your Account. You are responsible for maintaining the confidentiality of your password. Your disclosure of your password to any other person is entirely at your own risk and you bear full responsibility for any harm or damage resulting from that disclosure.
Once you have an Account you can start using the Service.
4. Closing your Account
We reserve the right to suspend or terminate your Account and refuse all future use of the Service, or any other Videojuicer service for any reason at any time, including but not limited to; breaching this Agreement (particularly with illegal or fraudulent activities or copyright abuse).
Videojuicer may suspend or terminate your Account and any or all other Accounts held by you or your affiliates at its sole discretion. Such suspension or termination of Service will result in temporary or permanent blocking of your access to the Site and may result in the deletion of your Content from the Site. We reserve the right to refuse service to any individual at our sole discretion.
5. Payments by you
Your use of the Service may be of the type for which we make no charge and therefore we do not need information enabling us to collect payments from you.
To request a level of Service for which any payment is required to be made by you, you must:
- be aged 18 years or older;
- complete the payment section of your “My Account” section of the Site; and
- keep this information up to date and notify us of any change within 5 days of such change.
You agree that when you request a level of Service for which any payment is to be made, you will provide us with accurate and complete information that we need to collect timely payment of any sum you owe us in connection with your use of the Service.
You agree to pay all sums due by means of a designated PayPal account or authorised credit card, or by any other means we determine and approve at our sole discretion by the due date for payment set out in the ‘My Account’ section of the Site.
You have no right to set-off amounts you claim from us against amounts we charge to you. Any claim you make against us will not suspend your payment obligations to us.
If you are unable or unwilling to pay any sum due we may immediately suspend or terminate your use of the Service and we reserve the right to claim interest on any overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998.
6. Payments to you
To request a level of Service for which any payment is made to you, you must:
- be aged 18 years or older;
- have entered into a Licence Agreement with Videojuicer;
- complete the payment section of your “My Account” section of the Site; and
- keep this information up to date and notify us of any change within 5 days of such change.
Depending on the relevant Service, you may be eligible to receive certain payments from Videojuicer, as notified to you in the “My Account” section of the Site and as governed by the terms of the applicable Licence Agreement. Any such payments due to you will be determined by Videojuicer. Such payments may be for, but are not limited to, pay per view of your Content, sales of download to own (DTO) or DVDs of your Content, or remixing fees for your Content. This activity is tracked in the “My Account” section of the Site.
Full payment terms are set out in each Licence Agreement. Payments will be transferred to a designated PayPal account or authorised credit card or bank account as detailed in the payment section of the “My Account” section of the Site.
You are responsible for all applicable taxes and charges in connection with any payments due to you under this Agreement.
7. Copyright and Intellectual Property
Intellectual Property Rights in or to the Musical Works are governed by the terms of any applicable Licence Agreement and/or the Recording Agreement.
Other than as set out in any Licence Agreement or Recording Agreement:
- We claim no intellectual property rights in or to the Content that you submit to the Service. However by using the Service to share content with others, you grant Videojuicer and its successors and any users of the Site a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or Videojuicer removes your Content from the Service. You understand that your material may be transmitted over various networks and changed to conform and adapt to technical requirements.
- You agree that Videojuicer shall have the right to include or otherwise associate advertising, promotional, and other content with any material that you submit. You hereby waive and agree never to assert against Videojuicer, the CEO or any affiliates any moral rights that you may have in your Content during and after the term of this Agreement.
- Other than (i) the licence rights expressly set out below; or (ii) rights in or to any Musical Works as detailed in the applicable Licence Agreement or Recording Agreement, you claim no intellectual property rights in or to the Content on the Site.
In respect of any Service relating to the provision of Content available to download from the Site (“Downloaded Content”), subject to payment by you of all sums due in connection with such Service, Videojuicer grants you a personal, non-exclusive, royalty-free license to use such Downloaded Content for personal, non-commercial purposes only on your own user-operated internet enabled device.
In respect of any Service relating to the provision of Content available to be embedded on your website (“Embedded Content”), subject to payment by you of all sums due in connection with such Service, Videojuicer grants you a personal, non-exclusive, royalty-free license to display such Embedded Content on your website(s) in accordance with Videojuicer’s reasonable instructions from time to time, subject to the following conditions:
- You will not provide or distribute such Embedded Content (or any part of it) to any third party without Videojuicer’s prior written consent.
- You will not acquire any other rights in the Embedded Content.
- Videojuicer reserves the right to amend, replace or cease to provide any Embedded Content at any time and for any reason.
- You will not charge any third parties for access to such Embedded Content (or any part of it) and you acknowledge that any payments due in respect of such Embedded Content will be payable to Videojuicer and/or its licensors (as notified by Videojuicer to you from time to time).
If you breach your obligations under this Agreement, all licences granted to you under this Agreement will automatically terminate.
In respect of any Service provided through the Site by a third party supplier of Videojuicer, you will comply with such third party supplier’s applicable terms and conditions (as notified to you by Videojuicer from time to time), in addition to the terms of this Agreement.
8. Making Claims of Intellectual Property Infringement
If you believe that your work has been copied, displayed, or distributed without your permission in connection with this Service, please notify the Videojuicer Copyright Agent. A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such work(s); (c) a description of the exact name of the infringing work and the location of the infringing work; (d) information sufficient to permit Videojuicer to contact you; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and that you are authorized to act on the copyright owner’s behalf.
The Videojuicer Copyright Agent can be reached by email or post as follows:
Attention: General Counsel: Duncan Brindley
21-22 Great Castle Street,
London, W1G 0HY, UK
The copyright agent will only respond to any claims involving alleged copyright infringement.
9. Service Availability
We do our best to make sure that the Service is available 24 hours a day, 7 days a week, however there will be times when the Service will be interrupted for maintenance, upgrades or repairs or due to failure of services or equipment that is beyond our control. We reserve the right to modify, suspend or discontinue the Service at any time with or without notice. You agree that you will not hold us liable for any modification, delay or discontinuance of the Service and that you are solely responsible for creating backups of (i) any Musical Works that you submit to the Service under the terms of any applicable Distribution Licence; or (ii) any other content not comprising Musical Works. For the avoidance of doubt, Videojuicer will be responsible for keeping backups of any Musical Work produced pursuant to any Production and Distribution Licence and/or Recording Agreement.
10. General conditions
The Service is provided “as is” and “as available” with no representations or warranties of any kind, either express or implied to the maximum extent permitted by law. You assume sole responsibility and risk for your use of the Service. You agree that we cannot be held responsible for the Content (including Musical Works) on the Service and that use of the Service is at your own risk.
10.2 Limitation of Liability
Except as provided in any applicable Licence Agreement and/or Recording Agreement, you agree that, to the maximum extent permitted by law, none of Videojuicer, the Community Environment Owner or any affiliates or sponsors will be held responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages or losses arising out of or relating in any way to your use of the Service, or inability to use the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service. In the event that you use the Service to initiate a business transaction with a third party or to access a third party website, we have no control or responsibility and we accept no liability whatsoever in respect of that transaction or website.
You agree, at your own expense, to indemnify, defend, and hold harmless Videojuicer, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to your use of or access to the Service, or violation of this Agreement by you or, when due to your cooperation or negligence, by someone else using your Account.
If any article (or part of an article) in this Agreement is determined to be invalid or unenforceable by any court or administrative body of competent jurisdiction, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the article, and the validity and enforceability of the rest of the Agreement shall not be affected.
If either party fails to enforce any right reserved by it in this Agreement, that failure will not constitute a waiver of said right.
10.6 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to the choice or conflicts of law provisions of any jurisdiction, and the courts of England and Wales shall have exclusive jurisdiction, provided that any action brought by Videojuicer or the Community Environment Owner against you shall, at the election of Videojuicer or the CEO (as applicable), be brought in either the courts located in England and Wales, or the applicable courts of the jurisdiction in which you reside. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.
10.7 Entire Agreement
The terms of this Agreement will be without prejudice to the terms of any Licence Agreement or Recording Agreement entered into by the parties from time to time. In the event and to the extent only of any conflict between this Agreement and the Licence Agreements or any Recording Agreement, the Licence Agreements or the Recording Agreement shall prevail over the terms of this Agreement.
10.9 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We reserve the right to modify this Agreement at any time without notice. In the event of any major changes we will notify you by displaying a notice on the Homepage. Modifications and additions to the Service itself are also subject to this Agreement. Your continued use of the Service after the Agreement or Service has been modified will constitute your acceptance of any change.
11. Agreement Access and Contacts
You can view an up-to-date copy of this document at will by visiting www.plushmusic.tv/docs/terms-and-conditions.html in any web browser.
Any questions regarding this Agreement should be directed by email to email@example.com
from all at Videojuicer