ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE APP KNOWN AS “VOCSTA” (“App”) OR THE WEBSITE AT www.vocsta.com (“Site”) OR ANY OF THE CONTENT CONTAINED WITHIN THE APP OR THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT (“Agreement“).
1. Contracting parties. The App and the Site, together with all content, data, information and other materials contained therein (“Content”) are owned or controlled by Vocsta Ltd, a company registered in England with its registered office at 86-90 Paul Street, London EC2A 4NE, UK. Vocsta Ltd is referred to in these terms and conditions as “we“, “us“, “our” or “VOCSTA”. You must register with us, and create your own user account, to fully use the Site, the App and the Service, and when you register with (or otherwise access) the App or the Site, you are contracting with VOCSTA. Please note that you must be 13 years of age or older to register or use the services available via the App or the Site. By continuing to use such services, you are warranting that you are at least 13 years old and you have the authority to enter into this Agreement.
2. Groups. If you are creating any User Content created as a duo, a group or a band, only one member may register with VOCSTA to upload that User Content and, as that chosen member, you hereby warrant, represent and guarantee that you personally have the authority to represent and legally bind all members of the group/band.
3. Passwords. You will need a valid email address to become a registered user. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the App, the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the App or the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the App, the Site or any Content, or other Users, or to seek to pass yourself off as another User, or to impersonate any other third party. If you think someone else has obtained your account details, please let us know immediately via email@example.com and we will close your account as quickly as possible. Please note that you will be responsible to VOCSTA and to others for all activity that occurs under your registration account.
4. The VOCSTA Service. The service available via the App and the Site (“Service”) provides a facility for users to upload to the App or the Site a personally-created audio-visual musical performance video (“Video“), and/or any personally-created written information or comments, photographs or graphic artwork (“Related Materials“). Videos and Related Materials are, together, “User Content”. Users can upload their Videos to the VOCSTA Public Gallery (including Stages 1 to 4) for other users to view and/or to comment on and/or to vote for. Any Video that receives more than the relevant qualifying number of favourable votes (as set by VOCSTA from time to time) may be promoted to the VOCSTA Featured pages (including Finalists) within the App and the Site to compete against other users in a VOCSTA competition. Prizes for winners of a VOCSTA competition may include cash, an item of musical equipment, an opportunity to perform at a promoted live event, and/or the offer of a recording contract. Additional agreements or separate Terms and Conditions may apply to content displayed in the VOCSTA Featured pages and to the eligibility and awarding of prizes, which will be notified to relevant Users at the applicable time in each case.
5. Cover Songs. Each Video that you upload to the Service may contain both a track (a “sound recording”) and an underlying song (a “musical composition”). In most cases, you must be the original creator of every track and song that you upload to the Service. When posted on the App and the Site, you may choose to perform a cover song (i.e. written by a third party) selected from the VOCSTA Cover Song List (as updated from time to time). The songs on this list have been licensed for use on the App and the Site and may be performed and recorded, and uploaded to the Service by any User. Any Video which includes a performance of one of those listed songs will be a “Cover Video”.
6. Liability for User Content. Save for composition rights in a Cover Video, you must not upload any User Content to the Service unless you have the right to do so. Any User Content which contains content that infringes the copyright of a third party may be removed by VOCSTA on request by a relevant rightsholder or for any other reason. As part of our copyright policy, we will terminate access to the Service for any User if, in our reasonable opinion, that User is determined to be a repeat infringer (or otherwise has been the subject of more than one valid copyright notice or Take Down request which has not been successfully rebutted). If you are not the creator of all your User Content then you must first get permission from each creator of, or performer or individual appearing in your User Content (or, if different, the copyright holder) before uploading any such content to the App or the Site. Additionally, if you want to publish any image(s) of someone other than yourself or any musical performances by anyone other than yourself, you must get permission from each individual person whose image or performance is contained in your User Content before uploading for use.
7. Ownership of User Content. You retain ownership of all rights you hold in your User Content (save for composition rights in a Cover Video). When you upload material to the App or the Site (including, without limitation, Videos, Music Materials and Related Materials) you hereby grant to VOCSTA a worldwide, non-exclusive license to use that material to provide the Service and for reasonable promotional purposes (including without limitation by exhibition in the VOCSTA Gallery and/or elsewhere on the App or the Site, and/or on other services). You further agree to waive your moral rights for the purposes of this license. Where necessary, we reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the App or the Site.
8. Viewing and Use of Content. The App, Site and the Content are intended only for the purposes specified therein, and your use of the App, the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. VOCSTA, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the App, the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the App, the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The App, the Site, the Content and the Service are for your personal, non-commercial use only, and are not for sale, re-distribution, transfer, assignment or sublicense.
8. Code of Conduct for User Content. You agree to obey all applicable laws in using the App and the Site, and agree that you are responsible for the contents and/or communications you upload to or initiate via the App and the Site, including all User Content. You agree that you are responsible for everything that you post or transmit to the Service and you agree (in relation to the App and the Site):
You acknowledge and accept that when you upload material to VOCSTA, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
9. No Endorsement by VOCSTA. We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) any User Content or any other materials uploaded or exhibited or otherwise exploited by Users. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with this Agreement and any other rules of User conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
10. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the App or the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
11. Content Storage. Upon registering with VOCSTA, you will be assigned one (1) User account. VOCSTA limits the maximum amount of disk space per account for storing your User Content to a reasonable amount of server space (as determined in our sole discretion). You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the App or the Site. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the App or the Site, or limit the amount of storage space, bandwidth, or other resources you may use. You acknowledge that we reserve the right to terminate any User account and/or delete any User Content if the account has been inactive for a twelve (12) month period or for any other reason at any time in our sole discretion. You are solely responsible for making backup copies of any and all of your User Content. Do not rely upon the App or the Site as a primary storage space for your User Content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
16. Termination of this Agreement. VOCSTA may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You may request a withdrawal of any item(s) of your content uploaded to VOCSTA at any time by email to email@example.com. We shall use reasonable endeavours to respond such requests, and or takedown the relevant content, within thirty (30) days. For the avoidance of doubt, we reserve the right to take down any item of content at any time for any reason.
17. Repeat Infringers. Your account will be terminated if, in our reasonable opinion, you are determined to be a repeat infringer (or otherwise have been the subject of more than one valid copyright notice or takedown request which has not been successfully rebutted).
18. Liability. You agree that the liability of VOCSTA to you hereunder shall be limited to the amount you have actually paid to VOCSTA for products or services hereunder of, if greater, US$100. No claim may be brought by you more than two years from the event triggering the claim. Except as set out herein, VOCSTA shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the App, the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury or fraud caused by negligence.
19. Warranties. You warrant and represent that you have (and will continue to have during your use of the Service) all necessary licences, rights, consents, and permissions which are required to enable VOCSTA to store, stream and otherwise use your User Content for the purposes of the App and the Site and that you personally created all content (and all materials contained within content) that you upload to the App and/or the Site, and that (save for the underlying song within a Cover Video, where you have identified that song at the time of your upload) you own or control all rights in your User Content.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, THE VOCSTA SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VOCSTA MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE APP OR THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE APP OR THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICE, THE UPLOADING OF USER CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES’ WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
20. Indemnity. You agree to indemnify VOCSTA for any loss or damage that may be incurred by VOCSTA, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the App, the Site or the Service. You further undertake to indemnify VOCSTA for all loss or damage incurred by VOCSTA in relation to any third party claim against VOCSTA for infringement of intellectual property rights arising in relation to your provision of materials to the App, the Site and/or the Content.
21. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the App or the Site, or if you have any other complaint about the App, the Site or any Content or other posted materials, please contact us via firstname.lastname@example.org If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via email@example.com (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply).
22. Trade Marks. The brands, products and service names used in the App, the Site and the Content (including without limitation, “VOCSTA”) are trademarks or trade names of VOCSTA or its trading partners unless otherwise stated.
23. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere“) with the App, the Site and/or the Content in any manner including Interferences that target an individual User. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. VOCSTA will cooperate with the authorities in prosecuting any User who Interferes with the App, the Site, the Content or otherwise attempts to defraud VOCSTA or any other parties through your use of the Site, the Content or any services provided hereunder. VOCSTA reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, monitor your content and force forfeiture of a user name, and at our sole discretion to disallow your continued use of the App, the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
24. No Partnership. Your use of the App, the Site and/or the Service creates no partnership, client, fiduciary or other professional relationship.
25. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
26. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
27. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
28. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
29. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the App and the Site. Your continued use of the App and the Site or Services constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the App and the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.
30. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
31. Contacting Us. If you have any questions, please contact us at the following address: Vocsta Ltd, 86-90 Paul Street, London EC2A 4NE, UK, or email us via firstname.lastname@example.org .
DMCA NOTICE (as a separate link)
NOTICE OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT: Please notify us if you believe any of your intellectual property rights have been infringed by us or any user of the App or the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), Vocsta Ltd (“VOCSTA”) designates the following as its agent for receipt of notifications of claimed infringement: by first or second class mail to Vocsta Ltd, Attn: DMCA Claims, c/o Clintons Law Firm, 1726 Whitley Avenue, Los Angeles, CA 90028, USA, (646 712 0003) or by email to email@example.com. To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) 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 notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid. You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. If you believe that your VOCSTA User Content has been removed in error, you may submit a counter-notification in compliance with DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature, (b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the VOCSTA Service may be accessed, and that you agree to accept service of process from the complaining party, or an agent of such person. VOCSTA shall be solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim relating to the VOCSTA Service or any VOCSTA User Content.