Date of first publication: December 27, 2019
Last update: January, 2020
BY ACCESSING OR MAKING USE OF THIS PORTAL, ITS SOUNDS, MUSIC AND OTHER CONTENT OFFERED (“The Service”), YOU ACCEPT THAT YOU HAVE READ AND UNDERSTANDED SUFFICIENTLY, AND AS A CONDITION FOR YOUR USE, YOU ACCEPT THE PRESENT TERMS AND ARE OBLIGED TO FULFILL THEM IN ITS LITERALITY ("The Terms"). IF YOU ARE NOT SUITABLE, OR DO NOT ACCEPT THE TERMS, THEN YOU HAVE NO PERMIT, LICENSE OR AUTHORIZATION TO USE THE SERVICE. THE USE OF THE SERVICE BY YOU AND THE SERVICE OFFERING BY THE COMPANY (understood as VOX TERRA COLECTIVE, consisting of Lany Arévalo, Rafael Puyana, Héctor Buitrago, Diana Restrepo and Daniel Roa) CONSTITUTES A CONTRACT BETWEEN YOU AND THE COMPANY WHICH WILL BE RULED BY THE PRESENT TERMS.
AS DESCRIBED BELOW, THESE TERMS CONTAIN AN INDIVIDUAL ARBITRAMENT COVENANT TO RESOLVE DISPUTES, INSTEAD OF ANY CLASS ACTION OR COLLECTIVE JUDGMENTS, UNLESS THE LAW PROHIBITS THE RESOLUTION OF A PARTICULAR CASE OR QUESTION. THE PRESENT TERMS ALSO LIMIT THE MAXIMUM PERMITTED BY LAW, COMPENSATIONS AND RESERVATIONS IN FAVOR IN AN EVENTUAL DISPUTE. Please review clause 18 for more details on your acceptance to arbitration in any eventual dispute with the Company
- INTRODUCTION AND FITNESS
- REVISION TO THE TERMS:
We reserve the right to change these terms from time to time, at any time, in free discretion, which will be effective at the time of publication. Please review these Terms periodically for your changes. However, if any of the modifications to these Terms modify your obligations and / or rights in any way, we may require your acceptance for continued use of the Service. In that case they will be effective and applicable from their acceptance to said modified terms. Disputes or differences arising from these Terms will be resolved in accordance with the version of the same that is effective at the time the dispute arose.
You must be at least 18 years of age to use the Service, or have the authorization and supervision of a responsible adult when using it. By accepting the Terms, you declare and warrant to us that: (i) you are at least 18 years of age or have the authorization and supervision of a responsible adult during the entire time you use the Service; (ii) you have not been suspended or prohibited from using the Service; (iii) the use of the Service that you perform is in strict compliance with any and all laws and regulations in force. If you are an entity, organization, company, collective, musical band or artist, the individual acceptance of these Terms by you is stated as a declaration and guarantees that you have the authorization to bind said entity completely. No part of the Service or Platform is intended for persons under 14 years. IF YOU ARE LESS THAN 13 YEARS OF AGE, YOU MUST REFRAIN FROM USING THE SERVICE AND THE PLATFORM IMMEDIATELY.
- REVISION TO THE TERMS:
- THE SERVICE
The Service means the platform and website located at www.vozterra.com and any associated software or application (including mobile devices) and internet services under our control, whether partial or total, used in connection with the Service. The Service contains a production line to create, save and share original musical content, both from the Company, and yours at the time you decide to upload it to the Platform and Service. The objective is the possibility of using together the shared contents of any user and the Company, to create musical and audio pieces that reflect the importance of natural sounds and mother earth.
By uploading your Original Content and / or Derivative Content on our Platform and the Service, you accept these Terms, the purpose of the Company and the unlimited use by it and third parties, free of charge of all proprietary and copyright rights. related rights, on work, interpretations and / or phonogram, that could be recognized to you and any third party with rights over them, including but not limited to the rights of reproduction, public communication, provision, marketing, distribution, translation, transformation and any other. Therefore, no assignment or transfer is preached on the domain of the content (Work, interpretations and / or phonogram) that you upload to the Service, but a perpetual license, for the Universe, all means, unlimited and irrevocable, according to the Terms described here.
The Service could be linked to third-party websites. At the time you make selection of such links, you will be leaving these terms, even when said third parties use our or our Service content. We are not and will never be responsible for such third party sites. By using our Service, we are not sponsoring or instigating anyone to use third-party sites, their products or services. We are not and will not be liable for any damage, loss or circumstance that involves your use of such sites or their services.
By using the Service or providing your personal information to us, you agree that we may communicate with you electronically regarding security, privacy, consumer service and other administrative matters relating to the use of the Service. If we know about any failure or breach of the system, we will try to notify you electronically by publishing this news in the Service or sending us an email. To withdraw your personal information or notifications you must write us at email@example.com
- USER LICENSE TO VOZTERRA
By uploading, uploading and posting on our Service and portal your Content, you declare and accept that you grant the Company (VOXTERRA Collective) a FREE non-exclusive license, of all economic rights including but not limited to reproduction, public communication, posting available, distribution, transformation and commercialization of said Content and the musical works, phonograms, interpretations and protected material contained therein, for its maximum term of legal protection, in the territory of the universe. In this way, the Company has, from the moment you upload and / or upload your Content, the unlimited and perpetual power to make use of such Content, in any existing means or for existing, for commercial or non-commercial, free or remunerated purposes. , in whole or in part, for the purposes freely determined. Among others, you may grant sub-licenses to third parties, so that they in turn use their Content to generate Derivative Works (“Derived Content”), understood as new Works protected by copyright that contain pre-existing protected material from third parties. Said Derivative Content will be governed by these terms and conditions, so that from its creation they are licensed to The Company under the same conditions as the Original Content.
You declare that you know and accept that if the use of your Original Content and Derivative Content generated from the use of the Service, published or not, on our platform, will be governed by these terms and conditions. In this way, he understands and accepts that he will not receive any consideration, royalty, right or economic compensation or of any kind, for the exploitation that the Company makes of it, even if he receives some income. VoxTerra declares that any remuneration that it eventually receives for the use of any content of its portal will be reinvested in the Service and Platform Project. You hereby declare that you waive in your own name, and all those whose rights are included in the Content Loaded on the Service, to any financial compensation, including payments to Collective Management Companies (Author and Related Rights), Publishers, Stamps, Unions, and any other union or third party.
By uploading your Content to the Service as stipulated in these Terms, you also grant us a royalty-free license to use your name, image, voice and similarity, as made available to you or on your behalf through the Service together with advertising, marketing or promotion of yours, your User Content, the Company, or the service.
- ADDITIONAL DEFINITIONS
- Collaboration License: it is a license that Content Creators grant to their Collaborators. Under the Collaboration License, the Creator hereby grants each Collaborator an irrevocable and royalty-free license (FREE) to Include the Creator's Content only within the workspace of the Creator's project for Derivative Content.
- Contributor: It means a User who takes Original Content and uses it by including it in its Derived Content, which may be used by The Company according to these Terms.
- Creator: Means the User who publishes Original Content (which has not been used in Collaboration) to the Service and / or a User who is considered the creator for being the first to upload or publish Content not intervened by a Contributor.
- Publish, upload or upload: It is to carry out the process of Digital Storage of a Content through the Service, making it available to the public, that is, available for any Collaborator and The Company to use the Content, according to the present terms. You declare that you understand and accept that such use of loading, publication and use of the Service may only be made on content to which you have a legitimate right, either because it is your property and ownership, or because it has the necessary and sufficient powers about it.
- Original Content: As provided above, it is the Content that includes literary, musical, phonogram, interpretation and any other protected content, which is first uploaded to the Service.
- Derivative Content: As provided above, it is the Content that a Contributor takes and makes use of Original Content, adding or modifying some of its characteristics and qualities, adding Original Content of its ownership as Creator, so that it is generated a Derivative Work, derivative phonogram and any other known within the scope of copyright.
- CONTENT OF THE USER IN GENERAL.
Publishing User Content is a privilege, not a right. The Company reserves the right to terminate said privileges of any user at any time and for any reason, without liability for said user. If you find objectionable Content in any User Content, notify us by sending an email to firstname.lastname@example.org. You are solely responsible for the Original Content or Derivative Content of any User you use. Any expression contained in any Original or Derivative Content, commits only the Creator and Collaborators, exempting The Company from any responsibility.
DO NOT PUBLISH ANY USER CONTENT IN THE SERVICE IF YOU ARE NOT THE OWNER OF THE COPYRIGHT OR ARE NOT TOTALLY AUTHORIZED TO GRANT RIGHTS OVER ALL THE ELEMENTS OF THE USER CONTENT YOU WANT TO PUBLISH IN THE SERVICE.
IN ADDITION, IF YOU ONLY HAVE THE RIGHTS ON A SOUND RECORDING OR INTERPRETATION, BUT NOT ON THE UNDERLYING MUSICAL WORKS INCORPORATED IN SUCH SOUND RECORDINGS, YOU WILL NOT BE ABLE TO PUBLISH SUCH SOUND RECORDINGS IN THE SERVICE UNLESS YOU HAVE ALL THE RIGHTS AND AUTHORIZATIONS WITH RESPONSES TO SUCH INTEGRATED MUSICAL WORKS THAT GIVE YOU SUFFICIENT RIGHTS TO GRANT US A LICENSE IN ACCORDANCE WITH THESE TERMS.
You declare and guarantee that:
- any User Content that you post on the Service is truthful, accurate, not misleading and is offered in good faith,
- you are the owner of the User Content that you publish on or through the Service, or you have the right to grant the license established in these Terms;
- the Publication and use of your User Content on or through the Service does not violate the privacy rights, advertising rights, copyrights, contractual rights, intellectual property rights or any other right of any person;
- the Publication of your User Content on the Service will not require us to obtain more licenses for, or pay royalties, fees, compensation or other amounts or grant any attribution to third parties; and,
- the publication of your User Content on the Service does not generate a breach of contract between you and a third party. You must pay all amounts owed to any person as a result of Publishing your User Content on the Service, including any subsequent Publication on the Service by any User who has used their User Content in Collaboration. You agree that your User Content is not confidential or exclusive, unless otherwise agreed between you and us.
- If in any way you believe that your Content or intellectual property is being used illegally, outside these Terms and / or improperly, please contact us immediately to our email and / or contact profile.
- CONTENT OF THE COMPANY
The Service is owned and operated by the Company. Visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the computer. Service ("Materials") provided by the Company are protected by intellectuals. property and other laws. All materials included in the Service are the property of the Company or its third party licensors. Except as expressly authorized by the Company, you may not use the Materials. The company reserves all rights to Materials not expressly granted in these Terms. You do not have any right or license over the trademarks, teachings and protectable elements of the Service, Page or the Company.
- DISPOSAL OF CONTENTS INFORMATION
We reserve at our sole discretion and without prior notice to remove, not publish, delete and unpublish any content, profile and user that we consider, with or without any reason, as well as considering it inappropriate, violating our Terms, violating or contrary. to good taste, good moral, adequate behavior and / or potentially dangerous or illegal. By making use of the Service you waive any claim for the removal of your content, user and profile, as well as the loss of any information hosted and taken from our Service and Platform.
- DISPUTES BETWEEN USERS
We will not be nor are we responsible for disputes, dislikes, fights or disagreements between you and other users. You must not involve the Company for any reason in such disputes or differences, keeping the Company harmless from any damage or injury caused by its behavior and / or third parties on the occasion of its behavior.
- DECLARATION OF INDEMNITY AND RESPONSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) THE SERVICE AND ALL MATERIALS AND CONTENTS AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON A BASIS "AVAILABLE" AND (B) OUR COMPANY REJECTS ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, RELATED TO THE SERVICE AND ALL MATERIALS AND CONTENTS AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE; AND (II) ANY WARRANTY THAT COMES FROM THE COURSE OF TREATMENT, USE OR TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIAL OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE COMPANY WILL NOT WARRANT THAT CORRECTED.
- APPLICABLE LAW, CONTRACTUAL ADDRESS AND COMMITMENT COVENANT
THE APPLICABLE LAW IS THAT OF THE REPUBLIC OF COLOMBIA AND THE CONTRACTUAL ADDRESS IS THE CITY OF BOGOTÁ, COLOMBIA. ANY DIFFERENCE THAT COMES BETWEEN THE COMPANY AND YOU AND / OR ANY USER, WILL BE RESOLVED BEFORE A COURT IN CENTRAL ASSEMBLY OF ARBITRATION AND CONCILIATION OF THE CHAMBER OF COMMERCE OF BOGOTÁ, ACCORDING TO THE FOLLOWING RULES: THE COURT WILL BE INTEGRATED BY 1 ARBITER DESIGNATED BY THE COMMON AGREEMENTS. IN CASE THAT IT IS NOT POSSIBLE, THE REFEREE WILL BE DESIGNATED BY THE ARBITRATION AND CONCILIATION CENTER OF THE BOGOTA CHAMBER OF COMMERCE, AT THE REQUEST OF ANY OF THE PARTIES. THE APPLICABLE PROCEDURE SHALL BE THAT OF THE REGULATION FOR NATIONAL ARBITRATION OF THE ARBITRATION AND CONCILIATION CENTER OF THE BOGOTÁ CHAMBER OF COMMERCE. THE COURT WILL DECIDE ON RIGHT.