Terms of Service
By browsing, accessing, using or registering the CollaboMe website you agree to the following main principles:
· You own the contributions you Post to CollaboMe;
· You grant every User of CollaboMe the right to modify, adapt, and/or remix any CollaboMe that you Post to CollaboMe; and
· You grant the Company the non-exclusive right to use and monetize any Contributions that you Post or provide to CollaboMe. If we are successful in monetizing your Contributions, then we will share the Profits with you, if any, in accordance with our Monetized Final Custom Project Terms written on every monetized project.
Terms and Conditions.
- Our goal is for CollaboMe to provide Users(creatives) with a collaborative environment that inspires and facilitates the creation and sharing of interesting and novel artistic content. We provide you with access to CollaboMe and fair compensation for any of your contributions that we monetize pursuant to the Terms. In return for providing, you with these benefits, you acknowledge and agree that the Company may generate revenues and increase goodwill from your use of CollaboMe.
COLLABOME IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM COLLABOME BY THE COMPANY. In order to use CollaboMe, you must either be 13 years of age or above. If you are under 18 years of age, then by using CollaboMe you certify that your parent or guardian has consented to your use of CollaboMe and to these Terms on your behalf, and you acknowledge and agree that your use of CollaboMe is at his or her discretion. Until you are 18 years old, your parent or guardian may ask us to modify, deny access to, or terminate your account and we may do so at his or her request or at any time, for any or no reason, without notice and liability. In any case, you affirm that you are over the age of 13, as CollaboMe is not intended for or targeted to any person under 13 years of age.
- Content Downloads. The Company will make Contributions available to you for download from or through CollaboMe. All such Contributions that you download will be subject to the terms and conditions in the Company Terms.
- Messages. CollaboMe may include features that allow you to send messages to other Users. All messages inside a project will be publicly viewable by other Users so you should carefully consider what you include in messages that you send to other Users through any messaging features offered in CollaboMe. You represent and warrant that you will indemnify and hold the Company harmless from any and all claims arising out of you sending such messages.
- When an Artist Posts a Contribution, such Artist automatically grants Users the right to access, reproduce, modify, adapt, and otherwise use the Contribution in accordance with the license granted in the Terms, and automatically grants the Company a non-exclusive license to (1) reproduce and host the Contribution on computer servers or other storage devices owned and/or controlled by or on behalf of the Company; and (2) monetize the Contribution in a Final Product in accordance with the Terms. However some projects may be restricted from accessing contributions by other creatives. Monetization may include, by way of example and not limitation, sublicensing your Contribution to Contributing artists, Contribution labels, music publishers, movie and television studios, production companies, streaming service, and other third parties ("Sublicensees") for the inclusion of a Contribution in a derivative work of such Contribution or in a Final Product.
Without limiting any other restrictions set forth in these Terms, by using CollaboMe, you agree not to do or encourage others to do any of the following:
· use CollaboMe for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access CollaboMe as offered by the Company;
· Post to CollaboMe any Contributions for which you do not have all necessary rights, permissions, authorizations, consents, and licenses to grant the rights and make the covenants, representations, and warranties set forth in the Company Terms;
· rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials
· Post to CollaboMe or distribute any defamatory, libellous, or inaccurate Contributions;
· Post to CollaboMe or distribute any Contributions or messages that are unlawful or that the Company in its sole discretion deems to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate or shocking to the conscience (collectively, " Objectionable Content");
· impersonate any person or entity, falsely claim an affiliation with any person or entity, or access CollaboMe accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via CollaboMe, or perform any other similar fraudulent activity;
· delete the copyright or other proprietary notices on CollaboMe or Contributions;
· make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of CollaboMe. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
· use CollaboMe for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
· defame, harass, abuse, threaten or defraud Users of CollaboMe, or collect, or attempt to collect, personal information about Users or third parties without their consent
· use CollaboMe if you are under the age of 13 years old;
· remove, circumvent, disable, damage or otherwise interfere with security-related features of CollaboMe or Contributions, features that prevent or restrict use or copying of any content accessible through CollaboMe, or features that enforce limitations on the use of CollaboMe or Contributions;
· reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of CollaboMe or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
· modify, adapt, translate or create derivative works based upon CollaboMe or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law;
· intentionally interfere with or damage operation of CollaboMe or any User’s enjoyment of CollaboMe, by any means, including, without limitation, by Posting or otherwise disseminating to CollaboMe viruses, adware, spyware, worms, or other malicious code.
If you encounter any Objectionable Content on CollaboMe, then please contact the Company at <<<>>>>set up email>><<<<<>>>> or any other reporting functionality available on CollaboMe. You acknowledge and agree that the Company provides you the ability to report Objectionable Content as a courtesy, and the Company has no obligation to remove or take any other action with respect to any Objectionable Content that you report to us. The Company in its sole discretion may terminate, suspend, warn or take other appropriate actions against Users for Posting Objectionable Content to CollaboMe.
· When you use CollaboMe to Post and/or download or edit information on CollaboMe, you will have to create an account by providing an e-mail address, user name and password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device used to access CollaboMe, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Company on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times until you voluntarily choose to terminate your use of CollaboMe or your right to use CollaboMe is terminated by the Company. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify the Company. You are solely responsible for the losses incurred by the Company or others due to any unauthorized use of your account on CollaboMe.
· The Company reserves the right to (i) reject or revoke the right of any User to use any User name on CollaboMe, or (ii) revise any User name used on CollaboMe, in each case, at any time and for any or no reason. In addition, the Company does not permit Users to change their User name. If you impersonate another person or seek to give the false impression as to your true identity, then you are likely to not only lose the User name that you created for CollaboMe but you will also be kicked off CollaboMe.
· Termination by the Company. You agree that the Company, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with the Company or your use of CollaboMe and remove and discard all or any part of your account, User profile, and any Contributions, at any time for any violation of the Company Terms. The Company may also in its sole discretion and at any time discontinue providing access to CollaboMe, or any part thereof, with or without notice. You agree that any termination of your access to CollaboMe or any account you may have or portion thereof may be affected without prior notice, and you agree that the Company will not be liable to you or any third-party for any such termination. You should therefore make sure that you maintain backup copies of any Contributions you Post to CollaboMe. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. As discussed herein, the Company does not permit infringing activities on CollaboMe, and will remove all Contributions that are found to be infringing.
- Termination by you. Your only remedy with respect to any dissatisfaction with (i) CollaboMe; (ii) any term of the Company Terms; (iii) any policy or practice of the Company in operating CollaboMe; or (iv) any content or information transmitted through CollaboMe, is to terminate these Terms and your account. You may terminate these Terms at any time by deleting your account with CollaboMe and discontinuing use of any and all parts of CollaboMe. To delete your account or request that the Company remove any of your Contributions from CollaboMe, send an e-mail to <<<<<<<<<<email>>>>>>>>>The Company will use reasonable efforts to respond promptly to your request for termination or Contribution removal, and will process your request in no event later than ninety (90) days following receipt of your e-mail. Your account will be deemed terminated upon the Company"s confirmation to you that your account has been deleted.
Ownership of CollaboMe: Credits and Title
· The Company. CollaboMe is owned and operated by the Company. Except for any Contributions that are provided and owned by Users, all Materials contained on CollaboMe are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third-party licensors. The Company hereby grants you a non-exclusive, non-assignable, non-sublicensable and revocable license to access and use CollaboMe in accordance with the Company Terms, subject to the Company’s right to terminate your right to use CollaboMe in its sole discretion at any time and for any or no reason. Except as expressly authorized by the Company in writing, you agree not to sell, license, distribute, copy, modify, publicly perform, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Company reserves all rights not expressly granted in these Terms, and there are no implied licenses granted by the Company to you or any third-party.
· Credits and Title. The Company may accord credits with respect to Final Products in its sole discretion, including, for avoidance of doubt, selecting the form, nature and placement thereof. Additionally, the Company reserves the sole and exclusive right to change the title of any Final Product, or to add a title if a Final Product is not titled. Users accordingly waive any and all rights with respect to receiving a credit in connection with a Final Product, and further acknowledge that they have no right to require a specific title with respect to a Final Product.
- You agree to indemnify, defend, and hold the Company, its affiliated companies, contractors, officers, directors, employees, shareholders, agents, and advisors, and its third-party suppliers, licensors, partners, licensees, Sublicensees, heirs, successors, and assigns, and each of their officers, directors, employees, shareholders, agents and advisors, and any third party advertisers advertising before, during, after or in relation to any contributions Posted by you (each, a " Company Party," and collectively, the " Company Parties") harmless from and against any and all loss, liability, damage, award, settlement, judgment, fee, cost or expense (including reasonable attorneys" fees and costs of suit) ("Losses") arising out of any third-party claim, allegation, action, demand, proceeding or suit ("Claim") arising in any way out of: (i) your use or misuse of CollaboMe; (ii) any violation by you of these Terms; (iii) any breach of the representations, warranties, and covenants made by you in these Terms; or (iv) any Company Parties" Use of any of your contributions as authorized in these Terms. The Company Parties are intended third party beneficiaries of these Terms and will have the right to enforce any indemnification obligations or other representations, warranties or covenants that you have made pursuant to these Terms.
- The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify any Company Party if the Company has a good faith belief that you are unable or unwilling to adequately defend the Company Parties, and you agree to cooperate with the defence of these Claims. The applicable Company Party will use reasonable efforts to notify you of any Claim for which it is entitled to indemnification upon becoming aware of it. Notification to you via e-mail will be sufficient for notice pursuant to this paragraph and it is your responsibility to maintain a current e-mail address on file with the Company at all times. A Company Party’s inability to contact you via e-mail for any reason will not nullify your indemnification obligations under these Terms.
Disclaimers; No Warranties; Release.
· No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WITH RESPECT TO ALL RECORDS, FINAL PRODUCTS, AND MATERIALS MADE AVAILABLE ON OR THROUGH CollaboMe. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY COMPANY PARTY OR THROUGH CollaboMe WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
· "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF COLLABOME AND ALL CONTRIBUTIONS, FINAL PRODUCTS, AND MATERIALS IS AT YOUR SOLE RISK. HITRECORD, AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, RECORDS, FINAL PRODUCTS, MATERIALS, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH HITRECORD, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
· Content. THE COMPANY PARTIES DO NOT WARRANT THAT THE DATA, SUBMISSIONS, FUNCTIONS, RECORDS, FINAL PRODUCTS, MATERIALS OR ANY OTHER INFORMATION OFFERED ON OR THROUGH HITRECORD OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
· Accuracy. THE COMPANY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF COLLABOME, RECORDS, FINAL PRODUCTS, MATERIALS OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
· Harm to your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, RECORDS, FINAL PRODUCTS OR DATA THROUGH HITRECORD (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
· Release. You hereby release, and forever discharge the Company Parties from and against any and all accounts, actions, agreements, assertions of right, assessments, bills, causes of action, charges, claims, complaints, controversies, covenants, damages, debts, demands, dues, judgments, liabilities, obligations, proceedings, promises, reckonings, suits, and sums of money, whether or not they have been subject to dispute or otherwise and whether known or unknown, whether asserted or unasserted, whether determined, determinable or otherwise, whether strict, absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, whether incurred or consequential, whether due or to become due, suspected or unsuspected, at law or equity, whether under federal or state law, by reason of any matter, cause, or thing whatsoever that you may now have, have had, or at any time hereafter may have against the Company Parties arising out of any Use by such Company Parties or their licensees or sublicensees of your Contributions or your name, image, voice, and likeness of any identifiable person in any Contributions you Post to CollaboMe (all of the foregoing "Released Claims") for any Uses authorized in these Terms; provided, however, that the Released Claims do not extend to a breach by a Company Party of these Terms. By this we mean that Company cannot breach these Terms and expect you to have released us for such breach as a result of your agreeing to the Released Claims. By way of example and not limitation, if Company fails to share certain profits (if any) with you derived from the monetization of your Contributions in accordance with the Monetized Final Product Terms, the Company would be in breach of these Terms and could not defend itself by claiming that you have Released Claims against Company for such breach. For the further avoidance of doubt and by way of example and not limitation, however, the Released Claims include any Use of your Contribution by an artist, contribution label, music publisher, television or cable network, production company, movie or television studio, or streaming service sublicensed by Company pursuant to these Terms for Uses authorized in these Terms. This means that if Company, Sublicensee or Assignee is Using your Contribution as authorized in these Terms, you cannot bring a cause of action against Company, a Sublicensee or an Assignee for such Use.
· You agree not to hold any Company Party liable for the content, actions, or inactions of other Users of CollaboMe, and you hereby release all Company Parties from any and all Released Claims arising out of or in any way connected with any dispute you have or claim to have with one or more Users, including whether or not any Company Party becomes involved in any resolution or attempted resolution of the dispute. Any dispute you have with another User of CollaboMe is to be resolved by you and such User in any forum with jurisdiction over such dispute, and you agree to indemnify any Company Party for any costs incurred by it if you involve such party in the dispute or any attempt to resolve such dispute.
Limitation of Liability and Damages.
· Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE COLLABOME OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH ANY COMPANY PARTY, EVEN IF THE COMPANY OR ANY OTHER COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
· Limitation of Damages. IN NO EVENT WILL THE COMPANY PARTIES" TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF COLLABOME OR YOUR INTERACTION WITH OTHER USERS.
NB: Collabo Me has major control on projects it started and not as much those started by individuals or independent entities.