Shimmeo

Shimmeo - Terms of Service

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND REGISTERING FOR, ACCESSING AND/OR USING THE SHIMMEO SERVICE.

Shimmeo is an application that allows users to create and share music videos. The services offered by Shimmeo include our iOS software applications (including any updates, new versions or new releases thereof), and our website located at www.shimmeo.com. Please read these Terms carefully before using the application (or "App") or website or related services (together, the App, website and related services are called "Services"). By accessing, using or browsing the Services you agree to be legally bound by these terms, and all other terms, policies and guidelines incorporated by reference in these terms. If you do not agree with these terms in their entirety, you may not use the Services.

Shimmeo may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Services, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on Services, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Srvices. The Terms will always show the 'last updated' date at the bottom. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.

The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

ACCESS AND PRIVACY

Any information that you provide to Shimmeo is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Shimmeo. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Shimmeo account, which you may not be able to opt-out from receiving. Subject to the terms and conditions of this Agreement, Shimmeo shall provide you with access to: (i) download the Application via the Internet and (ii) use the Services offered to create and edit video content that has been posted by you and/ or other users of the Service.

Your privacy is very important to us. Use of the Services offered on the site is governed by Shimmeo's privacy policy, which can be accessed at the following URL: www.shimmeo.com/privacy. The Shimmeo Privacy Policy is hereby incorporated by reference into this Agreement.

Any information that you provide to Shimmeo is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Services, we may need to provide you with certain communications, such as push notifications, email announcements and administrative messages. These communications are considered part of the Service, some of which you may not be able to opt-out from receiving.

Terms

  1. Shimmeo does not claim ownership of the content and information you post on Shimmeo, and you can control how it is shared. Rather, you give Shimmeo, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post. This right ends when you delete your content or your account unless your content has been shared with others, and they have not deleted it. When you publish content or information, it means that you are allowing everyone, including people viewing Shimmeo content outside the Shimmeo App, to access and use that information, and to associate it with you (your profile name and picture).
  2. By uploading audio media (“Tracks”) you warrant and represents that: (a)you have all rights necessary to grant all rights granted hereunder, including but not limited to the consent of all writers, performers, producers and artists, as well as any other performers and vocalists performing on the Tracks for the intended use hereunder, (b) you shall not be responsible for any payment hereunder, including, without limitation, to any writer or artist, union, guild, performing rights organization, or any performer or vocalist whose performance is contained on a Track, in connection with any use of the Tracks as authorized hereunder; (c) that each of the compositions and master recordings embodied in the Tracks is an original work; (d) that all “samples”, if any, utilized in a master recording have been cleared for the uses licensed hereunder; (e) that you own or have rights to one hundred percent (100%) of the copyright, including renewals, in and to the composition and master recordings throughout the world; (f) the exercise by Licensee (and the Users) of the rights granted hereunder does not and will not infringe or violate the copyright or any other rights of a third party, including, without limitation, the right of any writer or artist, or any performer or vocalist whose performance is contained on a master recording, or any third-party publisher or record label, or the rights of privacy or publicity of any of the foregoing; and (g) if you are affiliated with a performing rights organization (a “PRO”), Licensor has complied with all obligations in Licensor’s agreement with such PRO relating to the license granted herein (including any notification requirements, if applicable). Any unauthorized use of copyright protected material within your content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements will result in removal of your sounds and may result in termination of your access to the Service.
  3. By uploading or posting audio (“Tracks”) to the Shimmeo platform, you agree to grant Shimmeo a limited, worldwide, non-exclusive, royalty-free, fully paid up, licence to other users of the Service, and to operators and users of any other websites, apps and/or platforms to which your Tracks have been shared, linked to or embedded using the services to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public your content utilizing the features of the Platform. You can limit and restrict the availability of your content to other users of the platform by selecting not to make your sound public for each sound you upload.
  4. Content created on Shimmeo may contain content owned by one or more 3rd parties.
  5. You agree that Shimmeo may exercise the license granted by you without notice, payment or attribution to you. You understand that Shimmeo does not guarantee any confidentiality with respect to any content that you submit. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Shimmeo, are responsible for all of your content that you make available on or in the site, the application, or the related services, whether publicly posted or privately transmitted.
  6. When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  7. You must comply with Shimmeo's Community Guidelines. You shall not in any way use the Service (such as posting audio, videos or comments) or post to any user of the Service anything that: is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction; is fraudulent, criminal or unlawful; is inaccurate or out-of-date; is violent, obscene, pornographic or sexually suggestive, indecent, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; impersonates any other person or body or misrepresents a relationship with any person or body. You must not upload any audio content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity. We reserve the right to remove such content from the Service and from being shared without notifying the user.
  8. You represent and warrant that Shimmeo shall not at any time be responsible for the payment of any fees, advances, public performance fees or royalties.
  9. The application, the site, the Shimmeo content and any related services offered are proprietary to and the property of Shimmeo or its licensors. All intellectual property rights in or associated with the application, the site, the Shimmeo content and any related services offered on the site are and will remain exclusively owned by Shimmeo. You agree to secure and protect the application, the site, the Shimmeo content and any services offered on the site in a manner that will maintain and protect Shimmeo's rights in the application, the site, the Shimmeo content and any related services offered. You shall do nothing inconsistent with Shimmeo's ownership rights in the application, the site, the Shimmeo content and any related services offered. You agree to take all reasonable steps to protect the application, the site, the Shimmeo content and any services offered from loss or damage while in your possession or under your control or use.
  10. The content in the application and available through our services is protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these terms, Shimmeo and its licensors exclusively own all right, title, and interest in and to the services and all Shimmeo content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the services or content.
  11. All trademarks, service marks, logos, trade names and any other proprietary designations of Shimmeo used herein are trademarks or registered trademarks of Shimmeo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
  12. You must not create accounts with the Shimmeo service through unauthorized means, including but not limited to, by using automated devices such as scripts, bots and spiders.
  13. Shimmeo gives you a personal, worldwide, royalty-free, non-assignable, non-exclusive, non-transferable license, without the right to sublicense, to download to use the software that is provided to you by Shimmeo as part of the Service solely for your personal, non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Shimmeo, in the manner permitted by these Terms.
  14. We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the www.shimmeo.com website (the “Website”) or by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App or Service after changes are posted constitutes your acceptance of the amended Terms of Use.
  15. You must be at least 13 years old to use the Service. If you are 13 years of age or older and are a minor, you must have permission from your parent or guardian to use the Service. If you do not have permission from your parent or guardian, you will not be entitled to use the Service if you do not satisfy these requirements. By continuing with the installation process, you represent that you are of majority age or, if you are a minor, that your account was created and registered by your parent or guardian or that you have received your parent(s) or legal guardian's permission to download and use the application and/or the site and services offered on the site under the terms and conditions of this agreement and your parent or legal guardian has joined you in executing this agreement. Further, if you are a parent who is registering for a child, you hereby agree to bind your child to these terms and to fully indemnify and hold harmless Shimmeo if your child breaches or disaffirms this agreement.
  16. We operate the software underlying and required for your use of the Service from the United States of America and it is possible that some downloads from the Service could be subject to government export controls or other restrictions. If you download anything from or use the Service, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States, and using the Service from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Service from or in locations outside of the United States, you do so on your own initiative and are responsible for: Ensuring that what you are doing in that country is legal; and the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services). All access to the Service through your computer or mobile device and for bringing these Terms of Use to the attention of all such persons.
  17. You will not use our copyrights or trademarks or any confusingly similar marks that may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party that may be contrary to our interests. We reserve the right to remove such content from being shared.
  18. You are responsible for keeping your password secret and secure.
  19. We try to make Shimmeo bug free; however we make no warranty that your access to the Service will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. Access to the Service may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App or Services for any reason. If we impose restrictions on you personally, you must not attempt to use the Service under any other name or user or on any other mobile device. We do not warrant that the Service will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device and computer), software, data or other property as a result of your download, installation, access to or use of the Service or your obtaining any material from, or as a result of using, the Service. We shall also not be liable for the actions of third parties. We make no representation or warranty, express or implied, that information and materials on the App or available through our Services are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
  20. Shimmeo does not proof, edit or change any of the Content on the Site, including, without limitation, any of Your Content or any Shimmeo Community Member Content. Shimmeo has no obligation to correct any (a) unfinished video content or any other errors or mistakes in any Content; (b) low resolution video that may appear blurry; (c) editing or design issues, including formatting, organization, style or color; or (d) other creative choices that You make. Shimmeo is not responsible for any incorrect or inaccurate Content (including, without limitation, any of Your Content or any Shimmeo Community Member Content) transmitted through the Service, whether such inaccuracies are caused by Shimmeo, the Application, the Site or the users of any of the foregoing or by any of the equipment or programming associated with or utilized in connection with providing the Application, the Site and the services offered on the Site. Shimmeo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content submitted by users. Shimmeo is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Application and/or the Site or combination thereof, including any injury or damage to users' or to any person's Personal Device or other computer or equipment related to or resulting from participation or downloading the Application or using the Site or any other Content or services offered on the Site. Under no circumstances shall Shimmeo be responsible for any loss or damage, including personal injury or death or property damage, resulting from use of the Application, the Site or the services offered on the Site or from any Content posted on the Site or transmitted by or to users, or any interactions between users of the Application, the Site and/or services offered on the Site, whether online or offline.
  21. Notwithstanding any other provision of this Agreement, nothing herein will obligate Shimmeo to use any uploaded materials, uncluding uploaded audio and video, in any manner. You understand and agree that you have no right to any proceeds derived by licensee or any third party from the use of the tracks. Shimmeo guarantees no amount of publicity and/or exposure arising from the license granted.
  22. Users of the Shimmeo app may only create videos with music from 3rd parties that Shimmeo has licensed and/or cleared. Shimmeo might choose to provide the music for free or for sale. In either case, the music is licensed for use only within Shimmeo, and Shimmeo does not grant users any right to the music outside the Service. No feature of the Shimmeo service should be mistaken for a further grant of rights. For avoidance of doubt, Shimmeo does not grant end users the right to upload content to third party platforms, such as FaceBook, Snapchat, Instagram, Twitter, YouTube or Vine.
  23. Shimmeo might from time to time operate contests and similar promotions through the services. You should carefully review the rules of each promotion in which you participate through the Services.
  24. Shimmeo reserves the right not to publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. We have the right to monitor any materials published or otherwise available on the service and to investigate any violation of these terms, and to take any action that we deems appropriate.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SHIMMEO SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OR IN CONNECTION WITH THE SERVICE, EVEN IF SHIMMEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP AND THE SERVICES. THE APP AND SERVICES ARE AVAILABLE "AS IS," AND "AS AVAILABLE". YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP AND SERVICES. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND SERVICES AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Liability for Content

You hereby acknowledge and agree that Shimmeo stores content and other information at the direction, request and with the authorization of its users and acts merely as a passive conduit for the uploading, storage and distribution of such content. Shimmeo plays no active role and gives no assistance in the presentation or use of any of the Service's content.

You hereby acknowledge and agree that Shimmeo cannot and does not review the content created or uploaded by its users, and neither Shimmeo nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Services for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

Shimmeo and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Service by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the App or the Services. By using the App or Services, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Shimmeo or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Your Representations and Warranties

You represent and warrant that (a) your use of the App and Services will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold Shimmeo Inc. and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys' fees), resulting from your use of the App and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

Third Party Websites

We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists. Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Miscellaneous

These Terms of Use (and our Privacy Policy, our Website Terms of Use, our Website Terms and Conditions, any other document referred to in these Terms of Use and any other terms and conditions specifically agreed between you and us in writing) contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms of Use except as expressly stated in these Terms of Use. Neither us nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Use (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform these Terms of Use) and that party's only remedies shall be for breach of contract as provided in these Terms and Conditions.

These Terms of Use may only be modified by a written amendment signed by an authorized executive of the Company or by the posting of a revised version by us. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the App or Services will be governed by the laws of the state of New York, excluding its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the federal and state courts sitting in the County of New York. All dealings, correspondence and contacts between us shall be made or conducted in the English language. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party. We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Digital Millennium Copyright Act Compliance (DMCA).

  1. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Shimmeo's Designated Copyright Agent with the information detailed in 17 U.S.C § 512(c)(3). You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
  2. Shimmeo's Designated Copyright Agent to receive notifications of claimed infringement can be reached by email at dmca@shimmeo.com. For the avoidance of doubt, only DMCA notices should go to Shimmeo's Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Shimmeo customer service through support@shimmeo.com.

Updated June 1, 2016.