Beat Snap 2

TERMS AND CONDITIONS OF USE

PRIVACY POLICY

Terms and Conditions of Use

Introduction

Acceptance of the Conditions of Use

Description of the Beat Snap 2 app service

License

Intellectual Property

Contents provided within our apps

Statement and guarantee

Third-party websites and applications

Intellectual property

Privacy policy – Beat Snap 2 app

Data collected

Controlling your personal information

Security

Data collected in relation to Crashlytics

Data collected in relation to Facebook

CONTROL AND ACCESS TO PERSONAL INFORMATION

CHANGES TO THIS PRIVACY POLICY

Terms and Conditions of Use

Introduction

Welcome to Beat Snap 2 app ®, a service offered by Mixvibes (« Beat Snap 2 app », « Mixvibes », « we », « us » « our ») and our Terms and Conditions of Use & Privacy Policy. This affects your Beat Snap 2 app usage (« mobile application »).

These Conditions of Use, our Privacy Policy, and the Community Rules, constitute a legal agreement, which is a contract (the « Agreement ») between you and MixVibes, concerning the Beat Snap 2 app usage.

Children who have less than 12 years old are not authorized to use the service or try to sign up.

IF YOU DON’T AGREE WITH THESE TERMS, THEN PLEASE DON’T USE THE SERVICE.

Acceptance of the Conditions of Use

Thanks to read carefully the Conditions of Use and our confidentiality policy. IF YOU DON’T AGREE WITH THESE CONDITIONS, THEN PLEASE DON’T USE THE Beat Snap 2 app MOBILE APPLICATION.

By reaching and using Beat Snap 2 app or by reaching to the content of the application, you declare that you guarantee that you read and understood the Conditions of Use as well as the confidentiality policy and the community rules, that you stand by it, that you are legally an adult or that you have more than 12 years and your parents or guardian give you the right to use the Beat Snap 2 app mobile application.

Description of the Beat Snap 2 app service

Beat Snap 2 app is a mobile application, which allows users to make their own beats.

All the new services and features will respect these Conditions of Use and the others additional usage modes we can activate for these services or features.

IMPORTANT: in some cases, the use of the service will require Wifi or mobile broadband internet access and the data credit provided by your operator. The cost of the data connectivity service may vary among service providers. It is your responsibility to review such costs and to determine whether you wish to bear such costs or not.

SUBSCRIPTION INFORMATION

License

Subject to your compliance with these Terms, Mixvibes grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use our Services for your own personal, non-commercial use, (“Licence”). It is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right. You agree not to access our apps or website by any means other than through the interfaces that are provided by Mixvibes for use in accessing the Services.

Intellectual Property

All the original contents, features, designs, texts, audio and video contents, code, graphic assets and functionalities of the Services are owned by Mixvibes or are licensed to us by a third party and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You acknowledge that all contents belonging to Mixvibes can only be used within the restrictions of the License provided to you as an end-user.

Contents provided within our apps

Our apps allow you to make use of contents to record your own creations, e.g. DJ mixes, tracks or video recordings.

Contents provided within the apps

The contents (“Packs”) included in our apps are royalty-free so you can use them in your tracks without any risk of copyright infringement.  However, selling or distributing them separately is not permitted. For instance, you can’t upload a track that is just one bass loop on its own. But as long as you add a drum loop or another sample on top of it, you become the owner of the track. If you are using samples other than the ones natively provided, Mixvibes declines any responsibility in cases of copyright infringement.

Sharing recordings of contents

You can also share recorded contents through various platforms, e.g. SoundCloud, Mixcloud, YouTube or Facebook. As an end-user of the application, and especially when recording contents that are not directly provided by the application, you should make sure the contents do not violate the rights of third parties, for which Mixvibes disclaims any responsibility or liability.

Automatic copyright infringement detection systems

In some cases, recordings uploaded can be flagged for copyright infringement by YouTube’s, SoundCloud’s or other platforms’ detection algorithms. Those algorithms evaluate the resemblance between two audio files and flag the last-added one as a duplicate of the other. In such cases, Mixvibes shall not be liable for any indirect, direct, incidental, special, punitive or consequential damages whatsoever resulting from a recording being flagged for copyright infringement.

The packs provided in our apps are royalty-free and cleared for use. However, if another platform user has already uploaded a recording that sounds similar, the detection system might identify yours as a duplicate. To avoid this, try to create recordings that sound as unique as possible and bear in mind that accidental ressemblance might trigger a copyright infringement notice.

Statement and guarantee

You declare and guarantee to Beat Snap 2 app that:

  1. Your content or any part of this one is a content that you have all the rights, licenses, consents and approvals required to use. You authorize Beat Snap 2 app to use your content in accordance with these Terms of Use, including, without limitation, the right to download, reproduce, stock, transmit, distribute, share, publicly display, publicly perform, make available to the public and communicate your content, and each and every part of this one, on, through or via the website or any service related.
  2. Your content on the platform will not violate rights of third parties including, without limitation, intellectual property rights, performers' rights, privacy or advertising rights, or rights related to confidential information.
  3. Beat Snap 2 app, its subsidiaries, affiliates, successors and assigns, and their employees, agents, officers, directors and / or shareholders will not be responsible of your content.
  4.  Beat Snap 2 app reserves the right to remove your Content, suspend or terminate your access to the platform and / or exercise all legal remedies if we believe than any of your content violates any of the statements or foregoing warranties, or otherwise violates the rights of another person or that violates any law, rule or regulation.

Third-party websites and applications

The platform can give you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, third party (hereinafter "external services", "third party services").

Beat Snap 2 app has no control over external services, and is not, and can not be responsible for their content, operation or use. By pointing or otherwise providing access to external services, Beat Snap 2 app makes no warranty or does not expressly or implicitly endorse, in relation to the legality, the accuracy, the quality or the authenticity of the content, information or services provided by these external services.

External services may have their own terms of use and / or confidentiality policy, and may have different practices and those requirements are explained by Beat Snap 2 app towards its platform. You are responsible for reviewing the Conditions of Use of these external services.

You are responsible for taking the precautions to protect yourself against fraud while you are using external services, and you have to protect your systems against viruses, worms, Trojan horses, and other harmful content or destructive and documents that can be included or may emanate from these external services.

Beat Snap 2 app disclaims any liability for any damages arising from your use of external services, and you irrevocably waive any claim against Beat Snap 2 app, regarding the content or functioning of all external services.

IMPORTANT:

Intellectual property

The brands of the Company and its partners, and logos appearing on the website and / or Software are registered brands. Total or partial reproduction of these trademarks or logos without the consent of the Company or its partners is prohibited.

Privacy policy – Beat Snap 2 app

The Beat Snap 2 app is committed to protect your privacy. Most of our services can be enjoyed without having to communicate Beat Snap 2 app your personal data, but in some cases it may be necessary to provide certain information to access services. This Privacy Policy describes the collection and processing of data in such cases. This privacy statement applies to services that are available on the Beat Snap 2 app application.

Data collected

We may collect the data such as Unique device identifiers to anonymously identify your computer or device. Our Services also integrate third parties that may collect their own data. Please refer to the list of third parties below for more information on the data collected by each partner.

When available, we also provide information about how to opt-out from each integrated third party or how to prevent your data from being collected. Unfortunately, some of the listed third parties do not offer options to opt-out from the user side. In such cases, you may choose to uninstall our apps or stop using our Services in order to prevent data collection.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

– If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@mixvibes.com.

– You may discard the permissions required when installing our apps (record or access to device’s folders) or uninstall our apps.

– You may opt-out from any third party integrated within our Services. Please refer to each partner’s section for more information about how to opt-out.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Data collected in relation to Crashlytics

Crashlytics is a crash-reporting tool that allows us to analyze errors occurring when using our apps. The purpose of such integration is to improve the stability and quality of our products. Please visit Crashlytics Terms of Use for more information about their privacy policy.

Data collected in relation to Facebook

Our apps integrate the Facebook SDK for the purpose of attributing app installs based on ads previously served by Facebook. Please refer to Facebook data policy for more information.

CONTROL AND ACCESS TO PERSONAL INFORMATION

Personal information will always be used for the purposes described above. The registration, if necessary, also enables the user to specify whether you want to be contacted by Beat Snap 2 app and how such contacts should occur. Beat Snap 2 app gives users all the tools they need to ensure that personal information is accurate and current.

In accordance with applicable data protection laws, you can exercise your right of rectification, opposition or withdrawal of your personal information or data by contacting us at the following address: support@mixvibes.com.

You can also adjust the settings of your devices concerning your data processing. On these settings, you will be able to reset your device’s advertising ID and/or limit targeted advertising on your device.

CHANGES TO THIS PRIVACY POLICY

Beat Snap 2 app reserves the right to change the contents. If we use your personal information otherwise specified in the legal information provided at the time of data collection, users will be informed through advertisements published by Beat Snap 2 app.

Last update: 2nd of Octobre 2018.