Terms and Conditions of Use applicable to the “Vooxly” app
Hi! Five minutes is all it takes! So please make the time to go through the following Terms and Conditions of Use applicable to the Vooxly app. Don’t worry, all the wording is to the point and easy to follow. If you have any questions please don’t hesitate to email us at email@example.com. It is a question of a legally binding agreement between us, the limited liability company Vooxly UG and you. You are only permitted to use the app if you accept the Terms and Conditions of Use. On accepting these, an agreement is concluded.
We would like to point out that the following agreement is applicable exclusively to the requirements under which you may use the app. If you purchase the app itself, then Apple becomes your contracting party!
1. Definitions: the following are a number of terms that come up in the agreement:
- “app” is this Vooxly app
- “Voiceovers” are the speech sound bites that we have recorded with professional voice-over artists so that you can incorporate these into your videos.
- “Vooxly Music” are pieces of music that we have produced so that you can incorporate these into your videos.
- “own sounds” are your own voice recordings or pieces of music, which you record yourself and/or which stem from your own archive.
- “visual material” refers to videos compiled by you using the app and/or photos and/or videos and photos from your archive.
- “videos” are the videos that you compile with the app and which contain “Voiceovers” and/or “Vooxly Music” and/or “own sounds”.
- “specifically” in 2. b) below means that not only does this apply to all the examples listed, but also to everything that bares a similarity.
- “third parties” are all people or companies besides Vooxly and you.
2. Regulations: the following are a few regulations which this agreement obligates you to comply with. Please note that a breach of these regulations can lead to legal consequences!
a) What you may do:
Vooxly UG grants you the following usage rights as basic rights (in other words NOT as exclusive rights!) for private use:
- The adaptation right, in other words the right to compile videos by means of the app i.e. combining your visual material with Voiceover speech sound bites and/or Vooxly Music, as well as the right to use the app to combine own sounds with your visual material.
- The right to store and to make available publicly on the internet: in other words, regarding the videos that have been produced in this manner, you have the right to save them on your mobile device, your computer or other data storage devices, to display them on your homepage and/or show them to the general public via video platforms such as YouTube, draw attention to your videos via social networks such as facebook and to send out the videos via email.
- The right to show the videos to the general public using a projector or television screen.
Commercial and private use:
In so far as the videos comprise Voiceover speech sound bites, only private use is permissible. That is to say that the Voiceover speech sound bites may not be used to make money e.g. within the framework of advertising videos for your company or project. The only exception to this is advertising revenue that you are generating with the video from video platforms such as “YouTube”.
On the other hand, in so far as the video only comprises your own material and/or Vooxly Music, you are also permitted to make use of it commercially in the ways (internet, public screening) described above (where applicable you yourself are responsible for obtaining the third party rights for audio or visual material used!)
If you are interested in making continuing use of Voiceover speech sound bites and/or Vooxly music, please contact us at: firstname.lastname@example.org
b) What you MAY NOT do:
You may not use Voiceovers and Vooxly Musik in any other way than described in 2 a), specifically you MAY NOT:
- Change the Voiceovers and/or Vooxly Music in any way. In other words the Voiceover and Vooxly Musik may only appear in your videos unaltered. Specifically they may not be cut, shortened and may not be provided with effects. What you are permitted to do in all certainty: play your own voice recording over Vooxly Music or vice versa, supply the Voiceovers with your own music. However, in so doing it is imperative that the Vooxly Music and Voiceovers are played back unchanged in their entirety and remain unaltered in all other respects.
- The Voiceovers and/or Vooxly Music may only be used to compile your videos via the app. Specifically you may not store the Voiceovers and/or Vooxly Music separately (in other words outside of the app and unrelated to a video) and then use them for other projects (e.g. your music projects).
- We pride ourselves for having professional voice-over artists in our employ. We created the app so that you can have fun with it. It is therefore strictly prohibited to use the app to produce and/or disseminate racist, discriminating, demeaning, insulting, violence-glorifying, sexist or other videos that infringe the rights embodied in the fundamental rights of the constitution of the Federal Republic of Germany. Not only does a violation of this regulation constitute a breach of this agreement, it also constitutes a breach of the personality rights of our voice-over artists. A violation can lead to civil law and criminal consequences!
- The production and/or release of your videos may not infringe third party rights (specifically copyright law, trademark rights and personality right). This means that you have to get permission first from the people that you intend to film. This also means that you cannot simply use any audio or visual material for which you have not obtained the appropriate legal right of use! The safest approach is if you only use your own material and/or material made available by us. The responsibility for observing external third party rights rests with you alone!
3. Final provisions /reservation of right to make amendments: the following are some provisions that become applicable specifically in the event that a dispute were to arise through use of the app by you and which pertain to amending the Terms and Conditions of Use.
a) Exclusively applicable to the implementation of this agreement and any disputes that may arise from it, is the law of the Federal Republic of Germany and specifically its Copyright Law.
b) This is purely a translation of the German language agreement. If in doubt the wording of the German version will apply!
c) In the event that individual provisions contained in this agreement are ineffectual or impracticable, this will not affect the validity of the practicability of the remaining provisions. In a case like this the parties are obligated to agree on a regulation for the given situation which comes as close as possible to the economic and legal sense of the rule. This guideline is also applicable accordingly to an omission that may occur in the agreement.
d) We reserve the right to adapt these Terms and Conditions of Use in the event that something changes in the regulatory framework or in our business model. The change will ensue by way of an update to the app. It is then up to you to decide whether you agree with the amended Terms and Conditions of Use (and whether you decide to install the update) or not (in other words whether you decide to ignore the update). We are already doing our utmost now to prevent the basic functions and Terms and Conditions of Use of the app from being affected by such amended Terms and Conditions of Use in future.
e) If you have any questions regarding the app or this agreement, please contact us directly at: email@example.com
Status: May 2013