Last Updated: July 02, 2013
Your access to and use of this Service is governed by these Special Service Terms as well as the Socialcam Terms of Service (“Terms of Service”) which incorporate these Special Service Terms by this reference (collectively, “these Terms” herein).
I. HOW OTHERS MAY USE YOUR CONTENT
By publishing, sharing, or posting Your Content or otherwise making it available for other users to use, view or access through the Service, you grant to each other user of the Service a non-exclusive worldwide right to use, copy, display, share, distribute, rate, comment on, and publicly perform Your Content, in each case as permitted by the functionality of the Service. Such license is an agreement solely between you and the other user (as licensee) of Your Content.
II. SOUND RECORDINGS
Subject to these Terms, you may incorporate into your videos music and other sound recordings (1) for which you own all copyright and other intellectual property rights, or (2) subject to the restrictions and other terms and conditions governing such Content, which you are responsible for. For example, if you choose to integrate “Friendly Music” content into your videos, the “Additional Use Restrictions” in Exhibit A apply, and, among other things, require you to be at least eighteen (18) years of age.
III. THIRD PARTY SOFTWARE
The Software may be distributed alongside certain third party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"). For more details see: Socialcam Frequently Asked Questions. Your use of the Third Party Software in conjunction with the Software must be used in a manner consistent with those Third PartyTerms.
IV. OTHER RESTRICTIONS; CONFLICTING TERMS
Your right to use the Service is subject to these Terms. Without limitation of these Terms (including, without limitation, the “Be Nice” Policy), this Service is not intended for the exchange of Sensitive Personal Information, and by using this Service, you agree that you will not include in Your Content any Content which violate(s) another’s rights and will not include any image of any individual from which his or her personal identity could be determined.
V. ADDITINAL TERMS FOR APPLE APP STORE APPLICATIONS.
This Section V applies to you only if you have downloaded the Software from the Apple App Store.
- Acknowledgement. We and you acknowledge that these Terms are entered into solely between you and us, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
- License to Software. Subject to all the terms and conditions herein, we hereby grant you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code form, only on your App Store compatible device (“Device”) for the sole purpose of personally using the Service and, if you have downloaded the Software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Acknowledgement. You acknowledge that Apple has no responsibility for addressing any claims relating to the Software or the Service or your possession and/or use of the Software or the Service, including but not limited to (i) product liability claims; (ii) any claim that the Software or the Service fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.
- Express Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
VI. DEVELOPER API TERMS
For developers: we have an API that lets you access certain information from the Service for their apps. Developers must agree to the API Terms.
VII. HOW YOU CAN CONTACT US
If have any questions regarding the Service or you want to contact us, please direct your communications as follows:
To the Special Service Terms for Socialcam
“Friendly Music” – Additional Use Restrictions
With respect to your use of any “Friendly Music” sound recordings provided by Rumblefish, Inc. (“Rumblefish”) and made available to you through the Service (the “Recordings”), you acknowledge that (i) we reserve the right, in our sole discretion, to remove any Recordings from the Service and/or your videos, and / or to disable your access to and use of Recordings on a going forward basis at any time without notice or liability to you, and (ii) that your use of Recordings is subject to, and you agree to abide by, the additional terms and conditions contained in this Exhibit A, and (iii) you agree to indemnify, defend, and hold harmless Our Parties from any and all harms, damages, and liabilities associated with your use of Recordings, including any violation of these additional use restrictions.
- The license to you is a synchronization and master use license. Videos may only be uploaded to the Service, Facebook, YouTube (the Service, Facebook and YouTube are, collectively, “UGC Networks”), or personal, non-commercial websites (such personal non-commercial websites, “Personal Sites”). Personal Sites, together with UGC Networks, “Qualifying Websites)”. Without limiting the foregoing, videos may not be uploaded to Personal Sites that contain content or engage in activities (or that frame, link to, advertise or otherwise endorse any other website or media that contains content or engages in activities) that:
- is or are unlawful, harmful, threatening, defamatory, obscene, harassing or discriminatory;
- violate(s) or infringe(s) the rights of any third party (including intellectual property, name and likeness and privacy/publicity rights);
- depict(s) sexually explicit images;
- promote(s) violence, discrimination, illegal activities;
- advertise(s) any products or services;
- endorse(s) any religious or political cause or candidate;
- is or are intentionally derogatory or denigrating with respect to us, Rumblefish, any UGC Network, or any of our or their affiliates; or
- is or are otherwise reasonably objectionable.
- You must be an individual (not a company or other legal entity), and you must be 18 years of age or older.
- If you have any questions about permitted uses, contact us.
- The Recordings may only be used in a personal, non-commercial video. Without limiting the foregoing:
- the Recordings may not be used in any video that constitutes an advertisement for a business, product or service, or in any video where a scene is essentially an advertisement for a business, product, or service
- the Recording may not be used if you are being paid to make the video, or if people are charged to watch the video, or if you are getting revenue (including any so-called “ad share” revenue from a UGC Network or other Qualifying Website) from advertising or other sources when people watch the video.
- You may not use the Recordings in a video for political purposes (such as, but not limited to, supporting or opposing any governmental policy, government official, political action, or candidate for political office)
- Your videos containing Recordings may only be uploaded to Qualifying Websites. No other uses of the videos containing Recordings are permitted. Without limiting the foregoing, you may not broadcast, distribute on a physical device (such as a CD, DVD, Bluray disk, USB drive, etc.), make it available via peer-to-peer networks or on a cable or satellite channel or pay-per-view, exhibit in a theater, or the like, your videos that contain Recordings. The only way a user may distribute his or her video containing Recordings is by uploading it to a Qualifying Website.
- You may only use the Recording in one specific video per license. Without limitation, if you remix, re-edit, and/or remash your video, you must delete the old version (including by removing it from the Software, the Service, and all other UGC Networks and Personal Sites).
- Your videos must comply with (as applicable): (a) the Terms, and the “Community Guidelines,” if any, of any UGC networks where uploaded, and of the Service, and (b) all applicable laws and regulations. Also, your videos, and/or uses of Recordings, must not be pornographic or promote hate or violence, must not be libelous, defamatory, fraudulent, infringing or otherwise illegal, and must not involve criticism of Rumblefish, UGC Networks, or any of Rumblefish’s and/or UGC Networks’ products or services.
- You can choose which segment(s) of the Recording you wish to use, but, without limitation, you may not remix any portion of the Recording, create mashups, speed up or slow down the Recording, change the pitch or musical key of the Recording, use samples (excerpts) from the Recording in other music, translate or change the lyrics (if any), substitute other vocals, extract vocals or music from the Recording, make any other changes to the Recording, or create other works based on or derived from the Recording, or create a cover (new version) of the applicable musical composition.
- You may not use artwork from the Recording’s album cover or its website, or use the name of the band, photos of band members, etc.
- You may not use the Recording in any way apart from their video, and may not use the applicable musical composition apart from the applicable sound recording. Without limitation, you may not put the Recording on a website, play it at a party, play it at a business, use it on an MP3 player, or make a ringtone from it.
- Your permission to use the Recording in your video is nonsublicensable and nontransferable.
- You must keep your contact information up to date with us.