Terms of Service
Last updated: 12 June 2018
These Terms of Services (ToS) are a binding legal agreement between Ayoo AG, Cherstrasse 4, 8152 Glattbrugg, Switzerland (the «Company») and individual users («you»), governing the use of the Ayoo app and any related services and websites (together the «App») and any use of music, photographs, text, videos and other content (the «Content») including, but not limited to, creating, downloading, generating, publishing, remixing, recording, sharing and uploading Content in and with the App.
By accepting these ToS, you are bound by them. If you do not fully accept and understand these ToS, you are not allowed to use the App. In case of any questions regarding these ToS, please contact the Company at firstname.lastname@example.org or any other published contact address.
1. Ayoo App
1.1. The App allows you and other registered Users of the App (the «Users») to create, post, share, transmit and upload Content (the «Posts»). You may combine your own video recordings with music from your own music library at your own discretion and responsibility or with music as provided by the Company and third parties in the App. In addition, the App allows Users to interact with existing Posts in so-called Duets and Battles where Users can generate Posts combining self-created content with content from existing Posts in the App.
1.2. The Company may offer additional features for the App, including, but not limited to, instant messaging between Users and public sharing of Posts and other Content.
1.3. The App may contain advertising and the Company may display advertising to Users.
1.4. The Company reserves the right to permanently or temporarily amend, change, discontinue, suspend, take down and / or withdraw all or part of the App and all or part of the Content at any time (the «Changes»), for example due to changes of the applicable laws, for maintenance, or to add new features. Changes shall be governed by these ToS. The Company shall make reasonable efforts to notify Users about Changes.
2. Use of the Ayoo App
2.1. Users must be at least 12 years old to use the App. By accepting these ToS, you confirm that you are at least 18 years of age, or you have been authorized to use the App by your parents or legal guardian who is at least 18 years of age.
2.2. Users must register an user account (the «Account»). For the registration, you must provide the Company with certain accurate and personal information. Some information may be required to use the App while other information may be optional or only necessary for certain features of the App. You may have to allow the App to access certain features of your smartphone such as your camera and your music library in order to use the App or use all features of the App. Your name or username will appear alongside any Content.
2.3. Any Account registration is subject to confirmation by the Company. The Company reserves the right to permanently or temporarily remove or suspend any Account without prior notice if the Company believes there may be a breach or a risk of a breach of these ToS.
2.4. Users are fully responsible for their respective Account and for any activity on and in relation thereto, whether or not such activity was authorized by the account-holding User. Your Account is limited to your non-commercial and personal use of the App. You must keep any account information up-to-date and ensure that your password is and remains confidential and secure. You may not assign, sell, transfer, or offer to assign, sell or transfer your Account or any rights related to your Account to any third party. If you want to use the App or any Content other than expressly permitted in these ToS, including in a commercial way, you will need express permission from the Company and have to get in touch with us first.
2.5. In return for enjoying free access and use of the App, the Users acknowledge and agree that the Company may generate revenues, increase goodwill or otherwise increase the value of the Company from the Users’ use of the App, including, but not limited to, through the sale of advertising, promotions, sponsorships, and anonymized usage data, and the Users will have no right to share in any such goodwill, revenue, or value whatsoever.
3. User-Generated Content
3.1. Users are fully and solely responsible for their use of the App and for any Content that they create, post, share, transmit and upload to or through the App (the «User-Generated Content»). User-Generated Content is controlled and owned solely by you.
3.2. Users control whether User-Generated Content is made publicly available in the App to all Users or only made available to selected Users. To restrict access to User-Generated Content, Users can use the privacy setting available in the App.
3.3. By generating User-Generated Content, you accept and understand that you grant the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license for any use of your User-Generated Content in connection with the App, including, but not limited, to, promotion of the App in app stores and in any media, along with your name or username as an attribution (the «License»).
3.4. The License ends when you delete your User-Generated Content or your Account unless your User-Generated Content has been shared with third-parties and they have not deleted your Us-er-Generated Content. Your deleted User-Generated Content may persist as backup and cache copies for a reasonable period of time but will not be made available by the Company.
4. Legal Compliance and Intellectual Property
4.1. Users are fully and solely responsible for compliance with all applicable laws in relation to their use of the App and to User-Generated Content. You shall in particular ensure that your User-Generated Content does not infringe any third-party rights including, but not limited to, copyright, personal or trade mark rights, violate any applicable laws, contain any abusive, defamatory, discriminatory, libelous, obscene, sexually explicit or violent Content, contain any harmful or malicious Content, or include any advertising or promotional messages.
4.2. The Content, including, but not limited to, any software and interactive features, may be protected by copyright or other intellectual property rights and licensed or owned by the Company. Moreover, the Company solely owns all design rights, databases and compilation and other intellectual property rights in and to the App, in each case whether registered or unregistered, and any related goodwill.
4.3. Nothing in these ToS grants Users a license or any other right to use third-party Content. Users are fully and solely responsible for clearing the rights to any third-party Content, including, but not limited to, Content used in User-Generated Content.
4.4. The Company cannot and does not take any responsibility for User-Generated Content. The Company shall not be liable in any way for User-Generated Content.
4.5 The Company is under no obligation to monitor or pre-screen User-Generated Content. In case of any reported infringement, unlawful action, or if the Company considers a User to violate these ToS, the Company may block, examine or remove User-Generated Content. The Company reserves the right to carry out spot check, even if no infringements or unlawful actions have been reported.
5. Notice and Notice / Notice and Takedown Policy
5.1. The Company respects third-party rights including intellectual property rights and expects Users of the App to do the same.
5.2. In case of any reported copyright infringement or any other infringement of third-party rights, the Company complies with the Swiss Code of Conduct Hosting and its notice and notice / notice and takedown policy as recommended by the Swiss Internet Industry Association.
5.3. Any alleged infringement shall be reported to the Company as a notice by e-mail to email@example.com or by postal mail to Ayoo AG, Cherstrasse 4, 8152 Glattbrugg, Switzerland.
5.4. A notice must at least meet the following consent-related and formal requirements: Name and address of the sender, explanation on why the sender is particularly affected, precise description of the allegedly infringing Content or User-Generated Content or a User’s allegedly infringing actions, and explanation on how and why the Content or User-Generated Content or a User’s actions are allegedly infringing any third-party rights.
5.5. The Company is entitled to charge Users for any costs incurred in relation to a notice. Users must compensate the Company for any other damage suffered as a result of asserted claims.
6. Third-Party Services
The Company may include third-party services and links to third-party services in the App including, but not limited to, social networks. The company does not control such third-party services and is not responsible for any content or functionality of such third-party services.
7. Data Privacy
8. Representation and Warranties
8.1. By accepting these ToS and by using the App, Users confirm that they will not infringe any applicable laws or third-party rights. You further confirm that you have obtained, if necessary, all required consents and permissions from any relevant third-parties, and that your User-Generated Content will comply with these ToS.
8.2. By accepting these ToS and by using the App, Users agree that they will compensate, hold harmless and indemnify the Company for any costs and other damages incurred as a result of any negligent or willful breach of these ToS. You will not have to compensate the Company if costs and other damages arise out of the Company’s negligence or the Company’s breach of these ToS.
9. Disclaimers and Limitations
9.1. The App is provided on an «as is» and «as available» basis. The App is provided without any conditions, guarantees or warranties as to its availability, quality, reliability, suitability and sustainability. The Company shall not be liable to Users for any failure or unavailability of the App.
9.2. The Company does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User-Generated Content, and under no circumstances will the Company be liable in any way for any User-Generated Content or the deletion thereof.
9.3. The Company expressly excludes its liability for any costs and other damages arising from the use of the App or related to the App to the fullest extent permitted by law.
You may terminate your use of the App at any time by deleting your Account. Please note that deleting the App from a device will not delete your Account, and any User-Generated Content will remain in the App. If you wish to delete your Account contact the Company at firstname.lastname@example.org. Please note that if you delete your Account, all User-Generated Content will automatically be deleted.
11. General Provisions
11.1. The Company reserves the right to change these ToS at any time. The Company shall make reasonable efforts to notify Users about any changes of these ToS.
11.2. The Company may assign, sub-contract or transfer any or all of its obligations and rights under these ToS and related to the App to any third-party.
11.3. If any provision of these ToS should be held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable and the remaining provisions of these ToS shall remain in full force and effect.
11.4. These ToS and any claim or dispute arising out of or in connection with the App or these ToS, including, but not limited to, non-contractual claims and disputes, shall be governed by and construed in accordance with Swiss law, with the exception of the provisions on the conflict of laws. The exclusive venue shall be the registered office of the Company.
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