Acknowledgements, End User License Agreement (EULA)

Introduction

User has accepted the terms of the current agreement by (a) the installation of Voisey (collectively referred to as “Voisey”, “The Services”, “we” or “us”), or (b) by clicking "accept" in the electronic version of this agreement.

When accepting this agreement, the user confirms that;

  1. he or she is at least 13 years old. However children under the age of 18 should review this Agreement with their parent or legal guardian to ensure that the child and the parent or legal guardian understand it.
  2. he or she is at least 18 years old. If not, the user has his or her parent’s permission to enter into this agreement;
  3. his or hers registered details are correct;
  4. he or she has reviewed the agreement, including its terms, carefully;
  5. he or she will not use this software and other copyrighted material in violation of this agreement or existing legislation;
  6. Voisey Entertainment Limited may use personal information in accordance with the “Privacy agreement”.
  7. it’s in violation with this agreement to use the Services to upload, transmit, distribute, store or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
  8. he or she will not publish any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory.
  9. Voisey Entertainment Limited may enforce this agreement against users. You acknowledge and agree that Voisey may terminate this license at any time for any reason or no reason.

Description of the app

Voisey is an app where you can capture and create great videos with audio and video effects - ready to be shared with the world. Add voice and video filters with Autotune®, reverb, echo and more. Use one of Voiseys ready-to-play presets or go pro with the advanced settings. Collaborate by adding audio to other videos, or invite your friends to collaborate.

All trademarks mentioned herein are the property of their respective owners and rights holders. The software contains copyrighted material belonging to Voisey Entertainment Limited. Voisey Entertainment Limited has all ownership rights to the software, including the source code.

Copyright Voisey™

Your access and use of the Services All audio material (beats and backing tracks, recorded audio and sound effects and filters. (Beats is defined as an instrumental track, usually referred to as a "Beat", performed by a DJ, created by a producer, or one or more instrumentalists)) and video material (recording of any video content and video filters) included in Voisey is protected by copyright of Voisey Entertainment Ltd, third parties or uploaded beats and/or vocal material by users in Voisey and our web service (also referred to as the “Services”).

You, the User of the Services, is given the permission to upload and make available through the Services user audio and video content, any text, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library made by You. The Services offers the ability for User Content (any audio and video content created by a user) to produce additional User Content, including collaborative User Content with other users. The collaboration feature enables the possibility of overlaying music,vocal, and effects and filters provided by the Services and our licensed software. You agree and represent that you own the copyright of the User Content you are uploading and/or creating through the Services, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content you submit to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.

By submitting content to the Services, in addition that you acknowledge, agree and represent that the User Content is owned by You or you have all necessary permissions from a third-party to upload your User Content, the Content will be considered non-confidential and non-proprietary. If you have any material that is not meant for the public, you only have partial copyright of the User Content, or you don’t have the needed permissions, clearances and authorisations from a third party copyright owner, don’t upload the content through the Services. You are solely responsible for your uploaded User Content.

We appreciate and acknowledge your User Content. Therefore, the copyright of the User Content uploaded through the Services by You or the owner of the User Content is still owned by You and/or the third party that has given you an encompassing permission to upload the User Content. But: You hereby grant us an unconditional irrevocable, non-exclusive, fully transferable, perpetual worldwide licence to use, royalty-free, publish and/or transmit, modify, adapt, make derivative works of, reproduce, and/or distribute and to authorise other users of the Services and other third-parties to view, access, download, use, adapt, modify, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented by submitting User Content through the Services. Also, you further grant us a royalty-free license to use your username, voice, image, and likeness to identify you as the provider of any of your User Content.

The grant You hereby declare comes down to giving us the right of using your User Content in any means explained above without the obligation to pay royalties to any party worldwide involved in the creation of User Content.

You may remove your Beats off the Services at any time, but You hereby grant us the right to keep the Beats hidden on the Services as long as there are users that have made use of, or are using the Beats and created User Content of those Beats.

If you are a professional performing artist being affiliated with performing rights holders organizations, labels and the like, you are responsible to notify such affiliates of the royalty-free license you have granted us and any relevant reporting obligations to such affiliates, and you are solely responsible for ensuring that your use of the Services are in compliance with any contract you may have with a record label with regards to old and new recordings you create or have created, or if you create any new recordings through the Services.

Again, any exploitation needs to be authorized by the respective copyright owner and any use shall be in line with the relevant license agreement.

Audio processing and Analysis: zplane.development GmbH & Co. KG

Filters

Voisey offers audio and video filters, delivered by Voisey and 3rd parties. We collaborate with:

Antares Audio Technologies LLC www.antarestech.com

Zplane.development GmbH & Co. KG www.zplane.de

Consent to Use of Data

You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

License

We will provide you with access to technology from third parties such as Antares and Zplane. Antares and Zplane have developed a range of software developer kits (SDKs) for the purpose of processing digital audio signals. Voisey has through a license agreement with Antares and Zplane acquired the right to exploit this technology.

An overview of other third parties who provide Voisey with different services and access to their technology on the basis of licensing agreements are accessible in the Services.

Voisey, which is made available through the App Stores are licensed, not sold, to you. User of Voisey accepts to follow the requirements determined by the app stores end user license: http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/

Assuming that the user meets the conditions for this agreement, the user is given a non-exclusive, limited license to use Voisey under the terms and conditions stated in this agreement.

The terms of this license, apply for use worldwide with the exception of those jurisdictions where special rules emerge. Voisey Entertainment Limited reserves the right to adjust the agreement in line with the at any time applicable law.

Limitations of use

This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.

Without any prior written consent from Voisey Entertainment Limited, the user is not permitted to share, loan, rent, lease, modify, distribute, sublicense or in any other way make the software available to other parties through the internet, physical medium or other distribution networks. No portion of the Services may be reproduced in any form or by any means, and You shall not exploit the Services in any unauthorized way whatsoever. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

Likewise, it is not allowed to acquire the software's source code, distribute it, or otherwise take advantage of it commercially.

User may not use the software in violation of existing legislation. For this purpose, it must not be exploited in a way that (a) violates trademarks, patents or other intellectual property rights, or (b) in a way that may appear libelous or discriminatory, to other users or other people. Voisey Entertainment Limited disclaims any responsibility associated with such use.

The software is intended only for the user’s personal use. When used in other contexts, for instance in public, the user itself is obliged to clarify any copyright issues either directly with the owner or through author, copyright and performing rights organizations.

Nothing in this agreement authorize you to use any aspect of any musical work or sound and video recording in a manner that is not expressly permitted by this agreement

User acknowledge that he or she has no rights to receive any income or other consideration from the use of any musical works or sound and video recordings made available to user through the service. User will have no right to share in any such revenue, goodwill or value.

Disclaimer

The software is provided “AS IS”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the authors or copyright holders of the Voisey software be liable for any claim, damages or other liability, whether in an action of contract, or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

Voisey Entertainment Limited has no responsibility for the lack of access to the software as a result of lack of Internet connection. When using the software with mobile phone the user is responsible for the costs, including data traffic rates, which apply for your mobile subscription. The user of the service provided herein accepts that the user may be charged for streaming costs when using the service. Streaming costs may apply if the service is used outside of areas with Wifi connection. How much the costs will be, depends on the terms of the user's mobile subscription.

Change of terms

Voisey Entertainment Limited reserves the right – with a reasonable notice – to change or adjust the rules relating to the use of the software.

If the changes represent a disadvantage for the users, the users shall be notified in writing in such a way that the user has the opportunity to unsubscribe before the change takes effect. Continued use after the changes have taken place means that the user has accepted the changes.

Termination

The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

Law and jurisdiction

Any conflict that may appear regarding rights and obligations in conjunction with this agreement, including the ownership and extent of usage rights under this agreement is subject to the laws of England and Wales as legal venue.

When accepting this agreement, the user agree that any conflicts in conjunction with the agreement can be brought before the courts of England and Wales and settled according to the laws of England and Wales.

Contact us

If you have any questions or comments about these terms, please contact us at:

Voisey Entertainment Limited hello@voisey.app London EC2A 2RS England