Online-help for authors - Terms and conditions for the provision services Content ID

Terms and conditions for the provision of services for the use of the Content ID service

Terms and conditions for the provision of services for the use of the Content ID

Last updated on May 06, 2021 (the “Effective Date”).

1. Introduction

Acceptance
Terms of service

2. Changes to conditions

3. Description of services

4. Finance

5. Rights

6. Service restrictions

7. Content requirements

8. Prohibited

9. Representations and warranties

10. Disclaimers

Introduction

Acceptance

The Licensor, who owns the exclusive property copyright and related rights to the Works, by granting the Licensee the exclusive right to use the Works on YouTube, Facebook and Instagram and other similar services (hereinafter referred to as the Service) also to protect the Licensor's rights (hereinafter referred to as the Service) confirms that he has read and understood this Terms and conditions for the provision of services for the use of the Services (hereinafter referred to as the Terms of Use, Terms, ToU), and agrees to comply with these Terms of Use.

By using the Service, you unconditionally agree to all the requirements and rules of the Services and are obliged to follow their changes. In case of changes that you cannot / do not want to accept, you must inform us immediately by sending a message to the email: ____________.

If you do not agree with these Terms of Use, please do not sign the additional agreement on Supplementing the Agreement with clause 1.3.

You should print or otherwise retain a copy of these Terms of Use for your records.

To use the Service, you must (a) be at least eighteen (18) years of age and have the right to enter into a legally binding contract with us, and you are not prohibited from doing so in accordance with applicable law. You also represent and warrant that any registration information you submit to us is accurate, true and complete, and that you will always keep it that way.

Changes to conditions

2.1. We may change these ToU at any time. If we make any changes, we will change the Effective Date above, and where appropriate, may notify you via email or announcement on theLicensee's website. You understand and agree that by using the Services after the ToU are changed, that your continued use of the Services constitutes your acceptance of the ToU as revised. We encourage you to periodically review our current ToU.

2.2. To the extent that Licensee expands its Services to Services other than YouTube (including, but not limited to, Facebook, Instagram, Vimeo, SoundCloud and any other similar websites and/or applications), these ToU additionally apply to any such websites and/or applications and/or Services.

2.3. Notwithstanding the foregoing, with respect to any material changes to these Terms of Use with respect to the Term (during the term of the License Agreement between Licensee and Licensor), Territory (all countries of the world) or amounts due to you (as described below), we may unilaterally the procedure for making changes to these ToU by giving you thirty (30) days written notice (it is sufficient to send an email notification to your email address in your account) with notification of the changes and their effective date. Such changes will take effective if you do not notify us that you object within thirty (30) days after the notice was sent to you. If you do provide notice to us of objection, then we may either continue under the terms of these ToU without such change(s), elect to end the Term, or agree to negotiate the proposed changes in good faith with you. We agree and acknowledge that any unilateral change to any term of these ToU will be exercised with good faith and fair dealing. You agree and acknowledge that you may not change these ToU in any way without first obtaining our written signature and consent.

Description of services

3.1 THE SERVICES. Licensee provides copyright enforcement and monetization services to enable the identification of claims against unauthorized individuals and/or entities who are using and/or exploiting content on YouTube, Facebook, and Instagram. The Services are currently available only while connected to the Internet.

3.2. CHANGE OF SERVICES. We may change, suspend or stop the Services, in whole or part, temporarily or permanently, at any time, with or without prior notice to you. You agree that we shall not be liable to you or any third party for any modification or cessation of the Services. You acknowledge that we have no express or implied obligation to provide, or continue to provide, the Services, or any part thereof, now or in the future. Any new services and features will be subject to these ToU, as well as any additional terms of use that we may release for those specific services and / or features.

3.3. “AS IS” NOTICE. You understand and acknowledge that the Services are being provided and are made available on an “AS IS” basis. The Services may contain errors or inaccuracies that could cause failures, corruption, or loss of your information. We strongly encourage you to back‐up all data and information on your devices prior to using the Services in any way. YOU ASSUME ALL RISKS AND COSTS WHATSOEVER ASSOCIATED WITH YOUR USE OF THE SERVICES. Additionally, we are not obligated to provide any maintenance, technical, or other support for the Services.

3.4. FEEDBACK. As part of using the Services to protect the rights of the Licensor, we may ask you for comments, suggestions or other feedback regarding the use of the Services. You agree that, in the absence of a separate written agreement to the contrary, we may use any feedback you provide for any purpose without compensation to you.

Finance

4.1. Your use of the Services does not currently require you to pay us. We reserve the right, in our sole discretion, to modify the fees and/or institute additional charges for use of the Services. In such a case, we will notify you of the fees involved and you will not be charged without your prior consent. You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the Services. To the fullest extent permitted by law, all payments to us are nonrefundable. Nothing in these ToU obligates us to extend credit to any party.

4.2. Licensee will pay you fifty percent (50%) of all Net Sums that we actually receive for all uses of your Work in the Services. Notwithstanding the foregoing, Licensee may decide to pay you a different percent of Net Sums, to be negotiated in good faith with you, provided any such different percent of Net Sums is evidenced by written notice from Licensee to you (email notice to your email in your account with the Services shall suffice). “Net Sums” shall mean gross monies that we earn, collect, and actually receive from Services, less any fees, taxes, tariffs or similar amounts that are binding on the Licensee under the law / terms of the Services. Licensee shall have the right to rely on accounting, usage, and any other statements received from our sub-licensees (including without limitation, YouTube and Facebook Analytics and Earnings Reports) for all purposes hereunder. You will be responsible for payment of all taxes assessed to you, and for all payments due to third parties (e.g., co-writers of compositions if applicable, artists, producers, engineers or others who performed services in connection with recordings), and hereby agree to indemnify and hold Licensee harmless from and against any sums for which you are responsible. If Licensee, YouTube, Facebook, Instagram, Licensor, or any of our sub-licensees receives a claim, warning of copyright and / or related rights infringement, or you reasonably suspect that your Work violates any applicable law or UI, or that video views or other activity related to with your Creations, pages, profiles, or your account with us is associated with misleading, manipulation, misconduct or similar deception or fraudulent activities (automated or otherwise), then in addition to any other available rights and remedies, we may withhold all net amounts payable to Licensor until any and all claims or other conduct are favorably resolved to our reasonable satisfaction, in our sole discretion. You will forfeit all amounts that Licensee, Services, and/or our other sub-licensees reasonably determine in our sole discretion are the result of any of the foregoing activity, or if so determined by a court or administrative body. Additionally, if Licensee in its reasonable discretion engages any outside attorney(s), accountants(s), or consultant(s) in connection with the evaluation, investigation, enforcement, or defense of any such matter, then Licensee shall be entitled to offset its resulting expenses by any such reasonable attorney’s, accountant's, or consultant's fees from your account with us (whether currently or in the future available) or charging any such reasonable attorney’s fees (or any balance not deducted from your account) to any payment method then on file with us (e.g., PayPal, Payoneer, credit or debit card). In addition to any other rights and/or remedies, we may, at our discretion, deduct or set-off any amounts that you owe us from any monies otherwise owed to you.

4.3. The Licensee will provide you statements as to Net Sums payable to you in accordance with the general terms of the License Agreement between the Licensor and the Licensee (hereinafter referred to as the Agreement). Within thirty (30) days from the date of receipt of the Licensee's statements, the latter will provide you with payment of any Net Sums due to you for the period specified in the Agreement. The statements may be provided to you by email or otherwise made accessible through your account on the Site. If you do not present a specific objection to a statement within thirty (30) days from the date of receipt of Licensee's report, such statements will be binding and you waive any objection as to the validity and accuracy of such statement. You will be required to provide us with PayPal, Payoneer, or other account information to allow us to automatically remit payment to your account.

Rights

5.1. RIGHTS OF THE LICENSEE. You agree and acknowledge that Licensee and/or our sub-licensees/partners (hereinafter collectively - WE) own all legal rights, titles and interests in relation to the Services, and any related software, including any content that WE provide to you as part of and/or in connection with the Services, including all intellectual property rights that exist therein, whether registered or not, and wherever in the world they exist (collectively, the “Software”). You also agree and acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Using the Software does not give you any rights of ownership in them.

5.2. LICENSE TO USE THE SERVICES. Subject to your strict compliance with these ToU, we grant you a limited, personal, nonexclusive, revocable, nontransferable, and non-assignable license to use the Software as we provide to you as part of the Services.

Service restrictions

6.1. You agree to use the Services only for purposes as permitted by these ToU and any applicable laws or regulations. We reserve the right to modify or impose any limitations on the use of the Services at any time, with or without notice to you. All rights that are not expressly granted by us in these ToU are reserved.

6.2. You agree to not, or to permit anyone else to, reproduce, copy, duplicate, modify, create a derivative work of, reverse engineer, decompile, scrape, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, resell, rent, trade, lease, sublicense, assign, grant a security interest in, or otherwise transfer any right in the Software, except as may be expressly permitted in these ToU.

Content requirements

7.1. “User Content” shall mean any information that you post, upload, contribute, store, transmit, submit, exchange, or make available to or via the Licensee, Services (e.g. music and/or other works of authorship that you upload/submit/deliver to the Site).

7.2. You agree and acknowledge that all User Content is the sole responsibility of the person from whom such User Content originated, and you are solely responsible for any User Content.

7.3. You understand that your User Content may find objectionable by others. We do not control User Content; we do not guarantee the accuracy, integrity, or quality of such User Content; we do not endorse any opinion contained in the User Content. You understand and agree that you use the Service for the Services and provide any User Content solely at your own risk.

7.4. OWNERSHIP OF USER CONTENT. User Content belongs exclusively to the Licensor under the Agreement from which such User Content originated. We do not claim any ownership of your User Content.

Prohibited

8.1. You agree that you will NOT use the Services to do any of the following (the “Prohibited Conduct”)either directly or with the involvement of Licensee:

(8.1.1.) Upload, download, embed, post, email, transmit, store, or otherwise make available anything that infringes any copyright, patent, trademark, trade secret, right of publicity, confidential information, or any other rights of any person or entity;

(8.1.2.) Upload, download, copy, embed, post, email, transmit, store or otherwise make available any User Content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, promotes violence, obscene, vulgar, promotes pornography, invasive of another’s privacy, hateful, inflammatory, racially or ethnically offensive, attacks an individual or group, incites hatred on grounds of race, gender, religion or sexual orientation, promotes drug use, or is otherwise objectionable in our sole discretion;

(8.1.3.) Stalk, harass, abuse, threaten, or harm another;

(8.1.4.) Mislead any user as to the origin of any User Content, deceive any person, or misrepresent your identity or affiliation with any person or entity;

(8.1.5.) Post, send, transmit, or otherwise make available any unsolicited or unauthorized email or other messages, advertising, promotional materials, junk mail, spam, or ‘’chain letters’’;

(8.1.6.) Use or attempt to use another user’s account, password, or other information, unless you have express permission from that other user;

(8.1.7.) Upload, download, copy, embed, post, email, transmit, store, or otherwise make available anything that contains viruses, scrappers, or any other computer code, files or programs designed to harm, interfere, copy, or limit the normal operation of the Services, or any other computer software or hardware, or which does or might restrict or inhibit any other user’s use and enjoyment of the Services;

(8.1.8.) Commit or engage in, or encourage, induce, solicit, or promote, any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;

(8.1.9.) Use any User Content (other than your own) in any way that is designed to create a separate content service or that replicates any part of the Services;

(8.1.10.) Sell or transfer, or offer to sell or transfer, your account to any third party without the prior written approval from us;

(8.1.11.) Collect, attempt to collect, scrape, and/or store personal information on any other users of the Services to be used in connection with any of the foregoing prohibited activities.

8.2. If while using the Services, you encounter User Content you find inappropriate, or otherwise believe to be Prohibited Conduct, you may report it by sending an email to ___________________.

8.2.1. If such User Content is Prohibited Conduct, we will promptly contact the Service to remove such User Content.

8.3. You agree to comply with the above conditions, and acknowledge and agree that WE have the right, in our sole discretion, to suspend and/or terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these ToU. Without limiting any other rights or remedies of us under these ToU, we reserve the right to investigate any situation that appears to involve any of the above Prohibited Conduct, and may report such matters to, and cooperate with, appropriate law enforcement authorities and third parties in prosecuting and or litigating with any users who have participated in any such violations. We reserve the right, in our sole discretion, to determine whether your conduct is Prohibited Conduct.

Representations and warranties

9.1. Without limiting any other representations and warranties contained herein, you represent and warrant to Licensee as follows:

(a) All of your User Content is an original work by you, or you have obtained all rights, licenses, consents, and permissions necessary in order to use, and (if and where appropriate) authorize us to use/license/sublicense your User Content pursuant to these ToU, including, but not limited to, the right to download, reproduce, copy, store, transmit, distribute, share, modify, publicly display, publicly perform, make available and otherwise communicate to the public your User Content through or via the Licensee / Sublicensee / Sublicensees service, and Services;

(b) All your User Content does not and will not violate the rights of any third party in any way whatsoever, including but not limited to, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information;

(c) Your User Content, including any comments that you may post, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation;

(d) Your User Content does not and will not create any liability on the part of us, our subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders;

(e) You are eighteen (18) years of age or older, legally permitted to enter into these ToU and to grant us all the rights granted in these ToU, and these ToU will not interfere with any contract to which you are a party;

(f) No rights in or to any of your User Content have been assigned or otherwise provided to any third party that obtained exclusive rights;

(g) No fees or payments of any kind shall be payable by us to any third party for the use of your User Content as contemplated by these ToU;

(h) You may only submit User Content that you own or control the worldwide rights to, and only to the extent of your own interest;

(i) All User Content that you submit to us is eligible for participation in the Services as outlined in ToU;

(j) You have commercially released all sound recordings which you provide to us;

(k) Unless otherwise specified herein, you shall obtain and pay for any necessary clearances and licenses in the Territory for all your User Content. Specifically, you shall be responsible for and timely pay (a) any royalties and other income due to labels, authors, co-authors, copyright owners, co-copyright owners, artists (featured and non-featured), producers, and any other record royalty participants from sales or other uses of your User Content, (b) all mechanical royalties payable to publishers, writers, co-writers, and/or authors or co-authors of copyrighted musical compositions embodied in your User Content from sales or other uses of User Content; (c) all payments that may be required under collective bargaining agreements applicable to labels, publishers, or third parties other than us, and any other royalties, fees and/or sums payable with respect to your User Content, including without limitation, label content, artwork, metadata, and other materials provided by you to us.

If we provide a means for you to designate that your User Content is jointly owned such that you are capable of specifying that you own a percentage less than one hundred percent (100%) interest in the copyright for the User Content, then you may submit User Content for which you do not own the entire copyright interest. In such instances, if there is a co-writer, co-author, or joint owner of the User Content, then you must specify what percentage of the copyright you own in that work, and only your interest will be covered under these ToU. In addition, if your User Content is covered under an agreement with a music publisher or administrator, or with a record company, then you may not be able to submit to us.

If you enter into any such agreement during the Term, it will be subject to our rights herein. We recommend that you carefully review any applicable agreements and consult with a lawyer to make sure that you can submit works to us without violating those agreements or these ToU. However, if we do not provide a means for you to designate that you own less than a one hundred percent (100%) copyright interest in the User Content, then you may only submit the User Content if You do, in fact, own a one hundred percent (100%) copyright interest in the User Content.

Disclaimers

10.1. You understand and agree to the following:

10.1.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

10.2. ANY MATERIAL TRANSMITTED, STORED, ACCESSED, OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU.

10.3. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THESE TOU.

10.4. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LICENSEE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSEES/SUB-LICENSEES/ SUB-SUB-LICENSEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO YOU. DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR INABILITY TO USE THE SERVICES, (B) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF ANY OF THE SERVICES, (C) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA, (D) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR USER CONTENT OR DATA ON OR THROUGH THE SERVICES, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICES; AND (F) ANY OTHER MATTERS WHATSOEVER RELATING TO THE SERVICES.

10.5. YOU EXPRESSLY AGREE THAT AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE COMPENSATION DUE TO YOU HEREUNDER.

10.6. Nothing in these ToU removes or limits our liability for fraud, fraudulent misrepresentation, personal injury, or death caused by our negligence.

10.7. You agree to defend, indemnify, and hold licensee, our affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensees/sub-licensees/sub-sub-licensees harmless from any claim or demand, (including attorneys’ fees, expert fees, expenses, and court costs), whether or not an action is actually commenced, made by a third party, relating to or arising from any of the following: (a) any User Content you submit, post, transmit, or otherwise make available through the Services; (b) your use of the Services; (c) any violation by you of these ToU; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these ToU and/or your use of the Services.

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