THE RUMBLEFISH FRIENDLY MUSIC LICENSING SERVICE
TERMS AND CONDITIONS OF USE
Welcome to our website. The following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE ("TERMS") CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND RUMBLEFISH. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.
If you are under the age of 18, but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. This website is not intended for children under the age of 13.
We reserve the right, in our sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by RUMBLEFISH. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by RUMBLEFISH, or its licensors, clients and content providers. All elements of RUMBLEFISH websites, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. "RUMBLEFISH", the RUMBLEFISH logo, "FRIENDLY MUSIC",the Friendly Music logo, and “MICROSYNC” are trademarks of RUMBLEFISH and may be registered in some countries.
NO UNAUTHORIZED COPYING
Except as explicitly permitted under these Terms or a written agreement with RUMBLEFISH, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights will remain the exclusive property of RUMBLEFISH or its licensors unless otherwise expressly agreed in writing.
NO UNLAWFUL OR PROHIBITED USES
You may only use this service for its intended purpose. As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.
The RUMBLEFISH Friendly Music Service allows you to purchase a license to a specific song (each, a “Song”) for a specific use. In order to use a Song, you will be required to agree to the usage terms for the Song and to purchase a license that limits the use of the Song to those exact terms. A PDF file of the license document ("License") will be sent to you and will serve as both invoice and license. The provisions of the License will control your use of the Song and will override any conflicting provisions in these Terms with respect to your use of the Song.
All Songs, and all rights not expressly granted in writing, remain, as between Rumblefish and you, the exclusive property of RUMBLEFISH.
The RUMBLEFISH Friendly Music Service currently contains functionality that allows a customer to, solely for bona fide auditioning purposes, play a Song against the customer’s video by allowing the customer to access the applicable video from YouTube (via the Rumblefish API) (the “Video Editor”). In addition, the RUMBLEFISH Friendly Music Service offers a Mash Feature license, which allows a customer who has purchased that license to choose a Song for use in Rumblefish’s mash feature. This feature (the “Mash Feature”) works by providing the applicable customer with a URL that allows others to access a page on the RUMBLEFISH Friendly Music Service on which they may view the customer-selected video accompanied by the applicable Song. Please note that the Mash Feature is currently only available for personal, non-commercial use.
If you are the original user who is selecting a video from YouTube for inclusion in the Mash Feature, you agree that you will not select any video that (a) contains sexually explicit content or pornography; (b) contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (c) exploits minors; (d) depicts unlawful acts or extreme violence; (e) depicts animal cruelty or extreme violence towards animals; (f) promotes fraudulent schemes, multi level marketing schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; (g) is slanderous or defamatory; (h) you have been paid to create or that you are earning revenue from; and/or (i) violates the YouTube Community Guidelines (available here: http://www.youtube.com/t/community_guidelines).
ENFORCEMENT AND INDEMNIFICATION
RUMBLEFISH will pursue all necessary legal action and will seek all available financial compensation and damages should Rumblefish be notified or otherwise discover any infringement or wrongful use of any Song, information, or Content available through this website.
You will indemnify RUMBLEFISH, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.
RUMBLEFISH fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website. RUMBLEFISH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.
Personally Identifiable Information
In order to fulfill licensing transactions or provide service to you as a customer of RUMBLEFISH, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to RUMBLEFISH, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to RUMBLEFISH, our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. We use best practices for keeping such data confidential, but there is no guarantee that such practices will prevent the disclosure or further distribution of such data beyond RUMBLEFISH.
RUMBLEFISH may periodically send promotional emails to its subscribers about services offered by RUMBLEFISH and its partners. If you have provided us your email address and do not wish to receive email information from RUMBLEFISH or its partners, please let us know by emailing us at: email@example.com or by writing us at Rumblefish, Inc., 107 SE Washington St., Suite 700, Portland, Oregon 97214.
This website may give you opportunities to submit non-identifiable information, including but not limited to voting on songs or creating playlists. By submitting this information, you grant Rumblefish a non-exclusive, irrevocable license to use it in any way, whether aggregated or standalone, that does not use or reveal your personal information. In addition, Rumblefish reserves the right to use portions of your personal information in an aggregate, non-identifiable way, such as disclosing that there are 1000 registered users from Portland, Oregon.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND RUMBLEFISH EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. RUMBLEFISH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. RUMBLEFISH NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.
Except as specifically stated in these Terms, any Licenses or elsewhere on this website, or as otherwise required by applicable law, neither RUMBLEFISH nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
There may be links to other websites from the RUMBLEFISH website; however, these other websites are not controlled by RUMBLEFISH and we are not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against RUMBLEFISH regarding the inclusion of links to outside websites or your use of those websites.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
These Terms will be interpreted, construed and governed by the laws of the state of Oregon, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Any disputes arising in connection with these Terms will be submitted to mediation in the Portland, Oregon metropolitan area and will be conducted in accordance with the rules of the American Arbitration Association. If the parties are unable to resolve the dispute after such mediation, then any further action must be brought exclusively in state or federal courts located in Portland, Oregon and each party agrees not to contest the personal jurisdiction or venue of such courts. Notwithstanding the foregoing, however, RUMBLEFISH will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of RUMBLEFISH, such action is necessary or desirable.
Waiver or Amendment
No action of RUMBLEFISH, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any provision of these Terms be found unenforceable, the remainder of these Terms will continue in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely resembles the commercial intent of the parties.
These Terms set out the entire agreement between RUMBLEFISH and you relating to your use of this website.