8. Content
As between you and DotBlank, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “DotBlank Content”), are either owned or licensed by DotBlank, it being understood that you or your licensors will own any Member Content (as defined below) you upload or transmit through the Services. Use of the DotBlank Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any Member Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any Member Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any Member Content within the Services or on any third party service ( e.g. , you cannot claim Member Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the DotBlank Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. DotBlank reserves all rights not expressly granted herein in the Services and the DotBlank Content. You acknowledge and agree that DotBlank may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any DotBlank Content (including Member Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other members on the Services (including Member Content).
Members of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, member videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“Member Content”). Members of the Services may also extract all or any portion of Member Content created by another member to produce additional Member Content, including collaborative Member Content with other members, that combine and intersperse Member Content generated by more than one member. Members of the Services may also overlay music, graphics, stickers, virtual gifts, virtual items and other elements provided by DotBlank (“DotBlank Elements”) onto this Member Content and transmit this Member Content through the Services. The information and materials in the Member Content, including Member Content that includes DotBlank Elements, have not been verified or approved by us. The views expressed by other members on the Services (including through use of the virtual items or virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit Member Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other members of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your Member Content, including Member Content that includes DotBlank Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. As noted above, these features may not be available to all members of the Services, and we have no liability to you for limiting your right to certain features of the Services.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Member Content will be considered non-confidential and non-proprietary. You must not post any Member Content on or through the Services or transmit to us any Member Content that you consider to be confidential or proprietary. When you submit Member Content through the Services, you agree and represent that you own that Member Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
You or the owner of your Member Content still own the copyright in Member Content sent to us, but by submitting Member Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other members of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Member Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your member name, image, voice, and likeness to identify you as the source of any of your Member Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your Member Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of Member Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your Member Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your Member Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your Member Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for Member Content posted or used on such third party service via the Services.
Waiver of Rights to Member Content. By posting Member Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Member Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Member Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Member Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any Member Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any Member Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other members or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any Member Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Member Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any Member Content, and under no circumstances will we be liable in any way for any Member Content.
You control whether your Member Content is made publicly available on the Services to all other members of the Services or only available to people you approve. To restrict access to your Member Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by members and published by us or by authorized third parties.
If you wish to file a complaint about information or materials uploaded by other members, contact us at: https://www.dotblank.com/contact.
DotBlank takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is DotBlank’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of members of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the member community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
DotBlank has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.