By installing or using the App and/or Services in any manner, you (the ���User” or “you”) agree to be bound by theseTerms, and any and all other terms, policies or procedures, as such may be amended and published through the App or on PanStage’s website from time to time. If you do not agree with any of the terms of contained herein, do not install or use this App or the Services. As long as you do not cease using this App and the Services, you will be conclusively deemed to have accepted these Terms.
1. The PanStage App 1.1. PanStage provides an online platform and community to allow Users, who comply with PanStage policies, to create and share user-generated music, song and/or lyrics (the “Content”), as well as modifications, additions, combinations, versions and derivative work thereof (the “Modifications”, and together with the Content, “User Content”). The App is intended for anyone who wishes to create, share and publish his/her User Content and allow others to make use of such User Content, all in accordance with these Terms.
1.2. Subject to your acceptance of these Terms, and in accordance with the terms and conditions herein, PanStage hereby grants you a non-exclusive, non-assignable, non-transferable, revocable license to install, access and use the App and make use of the Services on a mobile phone or other device.
1.3. The App is licensed to you under the terms herein. You hereby acknowledge that the App and its accompanying documentation are the exclusive property of PanStage and that title to the above shall at all times remain with PanStage. You further acknowledge that you have no rights in the App except those expressly authorized by these Terms.
2. Provision of the App and the Services. 2.1. The App may be downloaded and installed [free of charge]. However, in order to access certain features of the App, such as to submit, browse or edit User Content, you must first register and create an account, as detailed in Section 4. 2.2. PanStage may at its sole discretion cancel or suspend User’s access to the App or certain Services immediately in the event that PanStage believes that such User has breached, or intends to breach, any of User's representations, warranties, or obligations under these Terms or has contravened any applicable law. Upon termination, User shall immediately cease all use of the App and the Services, and User acknowledges and agrees that PanStage may, at its sole discretion, take any measures PanStage deems necessary or desirable to prevent further use by User of the App or Services. 2.3. PanStage reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or delete the App, the Accounts or any part thereof. User acknowledges and agrees that PanStage shall not be liable to User, or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the App and/or the Services.
3. PanStage Intellectual Property 3.1. Certain content and information provided on and through this App and Services, including, without limitation, PanStage’s logo, trademark, graphics, Content, information, text, images, data and other material displayed, available or present on the App or Services, that were not originated from Users, as well as the look and feel of the App and Services (collectively, the “PanStage Content”) are the copyrighted and/or trademarked work of PanStage solely, and may not be used without express written permission from us, other than for attribution.
4.2. You agree not to use the account of another User at any time, and not to allow any other person make use of your user name and password. You further agree to notify us without delay regarding any actual or suspected unauthorized use of, or access to, your account.
4.3. You are solely responsible for maintaining the confidentiality of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
5. User Generated Content – Your Content 5.1. All User Content, specifically including text, data, messages, audio, or other materials communicated, submitted or transmitted by you through the App are the sole responsibility of the user from whose account such User Content originated. 5.2. By submitting any User Content to the App, you hereby represent and warrant as follows: 5.2.1. You grant each User of the Service a worldwide, non-exclusive, royalty-free and transferable license to access User Content of yours which you made public through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content for his/her personal use and as permitted through the functionality of the Service under the Terms. The licenses granted in this section are granted separately with respect to each item of the User Content submitted to the App.
5.2.2. You confirm that your contribution of User Content is your own original work and does not infringe on any third party's rights, including, but not limited to, copyrights, trademark, moral rights or any other intellectual property rights, and that it complies with these Terms.
5.2.3. You are solely responsible for all User Content that is submitted, posted, emailed, distributed, communicated, or otherwise made available using the Services or the use of your User's account, whether or not authorized by you. You acknowledge that PanStage cannot and does not assume responsibility for any User Content.
5.2.4. You shall not and may not submit any User Content which contains the voice, image, or any personally identifiable information or attribute of any third party without first obtaining the prior consent of such third party to submitting the specific Content.
5.2.5. You acknowledge and agree that other users of the Service may modify your Content as they deem fit at any time following submission thereof and for so long as it has not been removed (subject to limitations on removal contained herein).
5.2.6. You confirm that your contribution of any User Content is not defamatory, unlawful, lewd, offensive or otherwise objectionable or infringes on the privacy of another. [All text uploaded as User Content must be “clean”]
5.3. The unauthorized reproduction, distribution, sale or public presentation of User Content submitted to the App is prohibited.
6. User Generated Content – Owning and Sharing 6.1. Once your User Content is submitted to the App, it may be read, listened to or modified by other Users without requiring your consent. Any such Modifications by other users may enhance, build upon, or alter your Content. You may or may not like the modifications made by other Users.
6.2. User Content may be submitted to the App in two manners: By opening a new Music Stage, to which subsequent users may add their own User Content, or By adding levels of Content to existing Music Stages.
6.3. If you open the Music Stage, you automatically grant all other Users the right to personally use and amend your content as well as add musical levels to it, while retaining all other rights to your User Content; additionally, you’ll receive a license to use subsequent content added to your content, as detailed below. Provided, however, that if your original submission is in the form of solely text or solely non-text, then you may only open a Music Stage together with a second submitter of non-text content (such as singing or music) or text, respectively, and you and the second submitter shall both equally and jointly own the rights to the Music Stage. If you submit User Content to an existing Music Stage, then by doing so you relinquish ownership of the User Content and grant the owner of the Music Stage an irrevocable license, as detailed below.
6.4. By uploading content as a Founder, you grant each other User an Attribution-NonCommercial-ShareAlike 4.0 International Creative Commons License to your submitted User Content. By uploading User Content as a Contributor, you grant the Founder of the applicable Music Stage an Attribution 4.0 International Creative Commons License to your submitted User Content. For more on creative commons licenses please visit http://creativecommons.org/.
6.5. In a nut shell, the Attribution-NonCommercial-ShareAlike 4.0 International CC License permits others to copy and redistribute your User Content in any medium or format, and remix, transform, and build upon such content, for non-commercial purposes, provided however, that licensees must distribute your User Content, including any adaptations or transformations, under the same license, and that you will be given appropriate credit as the creator of the original content. The Attribution 4.0 International CC License permits others to copy and redistribute your User Content in any medium or format and remix, transform, and build upon such content, for any purpose, even commercially, provided however, that you will be given appropriate credit as the creator of the original design. Please note that this summary is for convenience purposes and does not replace or modify the above-licenses as well. You can find more information regarding the terms of these Creative Commons License here: http://creativecommons.org/licenses/by/4.0/legalcode.
6.6. Please note that in accordance with copyright law and policy, if you shall make use of any Content which is later removed due to copyright infringement, your own Content and Modification may be deleted as well, even if you did not breach these Terms in any way.
7. User Generated Content – What PanStage Can do with Content and Modified Content 7.1. PanStage does not claim ownership rights to any User Content. However, by creating or submitting through the App any User Content, you hereby grant PanStage an irrevocable, perpetual, royalty-free and worldwide license to use such User Content in any non-commercial manner as PanStage may deem fit. Such uses may include, but shall not be limited to, copying, transmitting, excerpting, publishing for publicity purposes (including on publicly accessible social media pages), creating derivative works of, hosting, storing, indexing, caching, tagging and modifying, in any form or media now known or hereinafter developed. User warrants that s/he has the right to grant such license for such purposes. The licenses granted in this section are granted separately with respect to each item of the User Content submitted to the App.
7.2. User acknowledges and agrees that PanStage will not and cannot review all submitted Content and User Content and that PanStage is not responsible for, nor does it have control over, any Content or User Content. PanStage does not guarantee the quality, accuracy or integrity of such Content or User Content. Notwithstanding the foregoing, PanStage retains the right to review any Content or User Content and block, modify, edit, delete, terminate access to, or remove any such Content or User Content that PanStage, in its sole discretion, considers to be non-compliant with these Terms.
7.3. PanStage reserves the right to purge Content or User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Content or User Content submitted to the App or received from another User through your use of the Services. PanStage shall not be liable for any purging, deletion or failure to retain any such Content or User Content. 7.4. Once your Content has been submitted to the App, You shall not be able to remove it and it shall remain indefinitely available for the use other App users.
8. DMCA COMPLIANCE It is the policy of PanStage to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. 8.1. Anyone may submit a notification that certain Content is infringing upon the rights of a third party by notifying PanStage in writing, at any time after submitting the Content. Upon the receipt of such reasonably detailed notification, PanStage shall cease the use of all infringing Content in the App, and all copies, including electronic copies, of same, that you submitted to us will be destroyed or removed and PanStage shall desist from using such Content, no questions asked. 8.2. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the App, please notify us, in reasonable detail, by sending an email to Contact@pan-stage.com. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
9. Community Conduct Guidelines 9.1. You are solely responsible for your interactions with other Users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services.
9.2. PanStage may, but is not obligated to, monitor interactions between you and other users of our Services and take any action in good faith to restrict access to, or the availability of, any material that we or another user of our Services may consider obscene, lewd, lascivious, offensive, violent, harassing or otherwise objectionable.
9.3. In connection with your use of any of the Services, and without limiting any of the other obligations under these Terms or applicable law, you agree as follows: 9.3.1. Not to submit, post, distribute, communicate, transmit or otherwise make available any User Content that comprises or includes any form of commercial or harassing communications or that comprises or includes any code of a destructive nature.
9.3.2. Not to interfere with or disrupt the Services or servers or networks connected to the App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the App or the Services.
9.3.3. Not to engage in excessive usage of the App or the Services, as determined by PanStage in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the App, or disrupts the availability of the App and the Services for other users.
10. Use and Protection of User Information http://pan-stage.com/privacy-policy.html If you Breach these Terms and Conditions.
11. Indemnification 11.1. PanStage may, at its sole discretion, disable/suspend User's account and User's access to, or use of, the App and/or the Services and PanStage may recover from User any losses, damages, costs or expenses incurred by PanStage resulting from or arising out of User's non-compliance with any provision of these Terms.
11.2. You agree to indemnify and hold PanStage and its shareholders, directors, officers, employees, advisors, subsidiaries, affiliates and agents (the “Indemnified Parties”), harmless from and against all loss, damages, expenses, claims, demands and liabilities incurred or suffered by the Indemnified Parties arising out of (a) any action or omission (including representation) made by You to third parties, creating any obligation or liability regarding the PanStage Services which PanStage has not specifically assumed or approved under these Terms, (b) your breach of these Terms or the documents it incorporates by reference, or (c) your failure to comply with all applicable laws, regulations, ordinances and treaty requirements, relating, among others, to data protection, privacy rights, and copyrights. Limitations on PanStage’s liability 12. Warranty Disclaimers USER ACKNOWLEDGES AND AGREES THAT THE APP, THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. PANSTAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE APP (AND ITS CONTENT, INFORMATION, SOFTWARE, AND LINKS) AND / OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 13. Limitations on Liability and Remedies PANSTAGE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH PANSTAGE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE APP AND SERVICES) IS TO DISCONTINUE YOUR USE OF THE APP. PANSTAGE AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE APP OR SERVICES FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH PANSTAGE’S APP OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF PANSTAGE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PANSTAGE’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, PANSTAGE WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES.
14. Miscellaneous 14.1. Entire Agreement. These Terms comprises the entire agreement between you and PanStage relating to the App and the Services. We may change the terms of these Terms at any time, so please review these pages regularly.
14.2. Provision of Services. PanStage reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the App or any part thereof.
14.3. No Guarantee. PanStage does not guarantee continuous, uninterrupted access to the App, and operation of the App and/or Services may be interfered with by numerous factors outside PanStage’s control.
14.4. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
14.5. No Agency. You and PanStage are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
14.6. Assignment. User may not assign this agreement. PanStage may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
14.7. Choice of Law. The App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.
14.8. Any notices to PanStage may be submitted to Contact@pan-stage.com