This End-User License Agreement (this “EULA”) is between you (“Licensee”) and You, God’s Music, Inc. (“Licensor”). This EULA governs your use of Licensor’s owned-and-operated websites and applications (collectively, the “Services”), and the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation. This EULA is between Licensor and Licensee, and no other third-party, including Apple. Licensor is solely responsible for the Services and the content described herein.
2. Our Services
a. Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to: stream videos that you have the right to view; upload, store, and/or live stream videos; and use all related functionality that we may provide.
a. Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from Licensor at this email address.
b. Age Requirements: You must be at least 18 years old to create an account or otherwise use
c. Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Acceptable Use Policy. We may allow you to upload, live stream, submit, or publish (collectively, to “submit”) content such as videos, recordings, images, and text (collectively, “content”). You must ensure that your content, and your conduct, complies with this Section. Licensor may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Licensor may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
a. Copyright Policy. You may only upload content that you have the right to upload and share. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
b. Code of Conduct. In using our Services, you may not: use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity); act in a deceptive manner or impersonate any person or organization; harass or stalk any person; harm or exploit minors; distribute “spam” in any form or use misleading metadata; collect personal information about others; access another’s account without permission; engage in any unlawful activity; or cause or encourage others to do any of the above.
c. Prohibited Technical Measures. You will not except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures; submit any malicious program, script, or code; submit an unreasonable number of requests to our servers; or take any other actions to manipulate, interfere with, or damage our Services.
5. Licenses Granted by You. As between you and Licensor, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Licensor to host and stream your content, you grant Licensor the permissions set forth below.
a. Your Video Content. By submitting a video, you grant Licensor permission to: stream the video to end users; embed the video on third-party websites; distribute the video via our APIs; make the video available for download; transcode the video (create compressed versions of your video file that are optimized for streaming); and generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one). The license period begins when you submit the video to Licensor and ends when you or Licensor delete it; provided that Licensor may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the
video is the subject of a takedown notice or other legal claim; or (c) when Licensor in good faith believes that it is legally obligated to do so.
b. Account Profile. You grant Licensor permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Licensor shall have the right to identify public profiles in its marketing materials.
c. Other Content; Feedback. Content that is not covered by the licenses set forth in Sections 5.a or 5.b shall be governed by this Section (e.g., text you submit in comments). You grant Licensor a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services.
d. Scope of Licenses. All licenses granted by you in this Section: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this EULA shall be deemed a license “condition” applicable to Licensor; rather, any breach of a term by Licensor hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
6. Your Obligations
a. Representations and Warranties. For each piece of content that you submit to or through Licensor, you represent and warrant that: you have the right to submit the content to Licensor and grant the licenses herein; Licensor will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content; you have obtained appropriate releases (if necessary) from all persons who appear in the content; the content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and the content complies with this EULA and all applicable laws. You also represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
b. Indemnification. You will indemnify, defend, and hold harmless Licensor and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorneys’ fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this EULA.
7. Term and Termination. This EULA begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. If you breach this EULA, Licensor may, at its option: (a) terminate this EULA immediately, with or without advance written notice; or (b) suspend, delete, or limit access to your account or any content within it. If Licensor deletes your account for breach, you may not re- register. In the event of any termination or expiration, the following sections will survive: Other Content; Feedback, Indemnification, Disclaimers, Limitation of Liability, Disputes, Arbitration, and Choice of Law, and General Provisions.
8. Disclaimers. LICENSOR PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Licensor makes no representations or warranties: that our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers; concerning any content submitted by or actions of our users; that any geo-filtering or digital rights management solution that we might offer will be effective; that our Services will meet your needs; that we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or concerning any third-party websites and resources.
9. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) LICENSOR’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD $100).
10. Disputes, Arbitration, and Choice of Law. If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
a. Choice of Law. Any disputes relating to this EULA or your use of our Services will be governed by the laws of Texas and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
b. Choice of Venue for Litigation. Except for matters that must be arbitrated (as set forth below), you and Licensor agree that any action relating to this EULA or your use of our Services must be commenced in the state or federal courts located in Texas; you consent to the exclusive jurisdiction of those courts.
11. General Provisions
a. Reservation of Rights, Severability. Licensor reserves all rights not expressly granted herein. Licensor’s rights and remedies are cumulative. No failure or delay by Licensor in exercising any right will waive any further exercise of that right. If any term of this EULA is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
b. Force Majeure: Licensor will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Licensor’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Licensor shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
c. Relationship: You and Licensor are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This EULA binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this EULA to any person whose account has been terminated by Licensor or who is prohibited from registering; any such assignment will be void.
d. Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not Licensor, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this EULA confers any right on any third party.
e. Entire Agreement: This EULA constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in in a document executed by authorized representatives of Licensor. If you have a signed agreement with Licensor, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
f. Notices: You must send any notices, questions, complaints, or claims to us at: You, God’s Music, Inc., Attn: LAURA R GATES, 4829 BECK RD, SAN ANTONIO, TX 78263.