dubdub Terms of Service.
Revised terms of service effective as of May 23, 2017
The products and services offered by dubdub from time to time, whether on mobile or on the web, are referred to as the “Services”. These terms of service (the “Terms of Service”) is a legal agreement between you and dubdub Inc., a Canadian company (“dubdub”, “we”, “us” or “our”) setting forth, among other things, the terms and conditions for (i) your access and use of the www.dubdub.com and www.dubcandy.com websites and any related sub-domains, which we operate (the “Website”) and (ii) our handheld device applications (the “Application”).
PLEASE READ ALL THE TERMS OF SERVICE CAREFULLY
1.1 Your Agreement. By accessing or using the Website, the Application and/or using the Services, you accept and agree to the provisions of the Terms of Service without any reservations, modifications, additions or deletions. If you do not agree to any provisions contained in the Terms of Service, you are not authorized to use the Website or the Services. We may deny you access to the Website and/or the Services, with or without notice to you, if you do not comply with the provisions of the Terms of Service. If you do not agree to these Terms of Service, you should delete the Application from your handheld device.
1.2 Modifications to the Terms of Service. We may from time to time modify the Terms of Service and will post a copy of the amended Terms of Service on the Website or through the Application, so we encourage you to review them periodically. If we make any substantial changes to the Terms of Service, we will notify you by posting a prominent notice on the Website and the Application. If you do not agree to, or cannot comply with, the Terms of Service as amended, you are not authorized to use the Website, the Application and the Services. You will be deemed to have accepted the Terms of Service as amended if you continue to access or use the Website, the Application or the Services after any amendments are posted on the Website and the Application. We reserve the right to refuse to provide our Services to anyone at any time.
1.3 Ability to Accept Terms of Service. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are 13 years old or older, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services. The dubcandy Application is only available to users who are legally capable of opening and managing their own bank account(s).
1.5 dubdub Policies and Guidelines. Your use of the Website, the Application and the Services is also subject to dubdub’s Policies and Guidelines (www.dubdub.com/policycenter) (the “Policies”), which are incorporated by reference and made a part of the Terms of Service. It is important that you read and understand the terms of our Policies. You must comply with our Policies in order to use the Services.
SCOPE OF SERVICES
2.1 General. Different Services may be made available to you depending on whether (i) you use the Services via the Website only or if you download the Application on your mobile device or (ii) if you register or not; Services are free of charge at the moment, except as otherwise provided hereunder. Additional paid services and in-app purchases may be added in the future.
2.2 Registration. If you register:
- 2.2.1 You agree to provide truthful and accurate account information, including but not limited to a username, password, name and valid email address (collectively, your “Account Information”);
- 2.2.2 You agree to keep such information for yourself (except your username that you are free to share with any stranger);
- 2.2.3 You agree to update your Account Information as necessary to keep it accurate.
2.3 Description of Services. As a user of our Application, you will have access to the following features and other features that we may add from time to time:
- 2.3.1 Viewing and sharing dubs;
- 2.3.2 Discovering video stories;
- 2.3.3 Engaging with creative people and brands;
- 2.3.4 Creating and editing dubs with or without dubsound (free library).
2.4 Features for Registered Users. Registered users also have access to the following features and other features that we may add from time to time:
- 2.4.1 Have your own personalized page;
- 2.4.2 Creating and editing your profile;
- 2.4.3 Liking and commenting on dubs;
- 2.4.4 Publishing dubs;
- 2.4.5 Some other stuff that you should find out yourself when using our Services.
2.5 dubcandy Registration. You must register with dubdub to be able to use the dubcandy Application and its features such as adding up to five actionable tags to a video, earning revenues from sales made with our affiliated merchants, accessing the dashboard and withdrawing funds.
2.6 Features may not be the same. We reserve the right to remove any features at any time, without notice to you. Some features may be made available to paid, privileged or partner members only, at the sole discretion of dubdub.
3.1 Content you Post. In connection with your use of the Services, you (or other users of the Services) may display, post, submit, transmit or otherwise make available certain content (including your dubs and any comments made on dubdub.com, dubcandy.com or in the Application) (collectively, the “Content”). You understand that we do not guarantee any confidentiality with respect to any Content you submit.
3.2 CERTAIN REQUIREMENTS FOR THE CONTENT YOU POST. BY PROVIDING ANY CONTENT TO US, ON OR THROUGH THE WEBSITE OR THE APPLICATION, YOU REPRESENT AND WARRANT THAT (I) YOU UPLOADED YOUR CONTENT (INCLUDING YOUR VIDEO AND AUDIO CONTENT) IN COMPLIANCE WITH OUR TERMS OF SERVICES AND POLICIES, (II) YOU ARE ENTITLED TO SUBMIT SUCH CONTENT (AS AN OWNER, LICENSOR OR OTHERWISE) AND TO GRANT DUBDUB THE LICENSE DESCRIBED IN THE PARAGRAPH BELOW, (III) YOU OBTAINED THE WRITTEN OR VERBAL CONSENT OF THE PARTICIPANTS APPEARING IN YOUR VIDEO CONTENT, (IV) SUCH CONTENT IS ACCURATE, NOT CONFIDENTIAL AND NOT IN VIOLATION OF ANY CONTRACTUAL OR LEGAL RESTRICTIONS, INTELLECTUAL PROPERTY RIGHTS OR OTHER THIRD PARTY RIGHTS AND IN COMPLIANCE WITH THE DUBDUB COPYRIGHT AND TRADEMARK POLICY, (V) DUBDUB MAY SHARE THIS CONTENT WITH OTHER USERS OF THE SERVICES OR THROUGH SOCIAL NETWORKS OR OTHERWISE, (VII) YOU HAVE LEGITIMATELY ACQUIRED OR ARE OTHERWISE ENTITLED TO USE THE MUSIC OR OTHER SOUNDTRACK USED IN YOUR CONTENT, AND (VIII) YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR OWN CONTENT AND THE CONSEQUENCES OF SUBMITTING AND PUBLISHING YOUR CONTENT ON OR THROUGH THE WEBSITE OR THE APPLICATION.
3.3 Ownership and License to dubdub. You (or your licensors) retain all right, title and interest in and to the Content you submit on or through the Website or the Application, including any and all intellectual property rights thereof. However, by providing any Content on or through the Website or the Application, you grant dubdub (and its successors, parent company and affiliates) a royalty free, worldwide, perpetual, irrevocable, unlimited, assignable and sub-licensable right and license to host, broadcast, publish, transmit, distribute, disseminate, monetize, advertise, display, copy, reproduce, translate, adapt, edit, reformat, compile, publicly perform, prepare derivative works based upon, and otherwise use and exploit any and all the Content posted by you, including all the data gathered from such Content, such as the number of views, click-through rates, purchased products and earnings for each dubcandy video you may create and share, on any form, medium, or technology, known now or in the future, for any purpose on or in connection with the Website, the Application or the Services or the promotion thereof by dubdub including on social networks, all without compensation to you except where a compensation has been agreed to with the owner of the original work before Content is posted on dubdub or as otherwise specifically provided by our Services. The above licenses granted by you in video Content you submit to the Services terminate within a commercially reasonable time after you remove or delete your Content from the Services, but, in respect of any Content posted on social or other networks prior to your removal and which cannot be reasonably removed by us, the above licenses shall remain in full force and effect. You understand and agree, however, that dubdub may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
3.4 License to other Users. You also hereby grant to each user of the Services a non-exclusive, royalty free license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service.
3.5 Certain Restrictions. As a condition to the use of the Application and the Services, you acknowledge and agree that:
- 3.5.1 you will not distribute in any medium any part of the Services or the Content without our prior written authorization, unless dubdub makes available the means for such distribution through functionality offered by the Services;
- 3.5.2 you will not alter or modify any part of the Services;
- 3.5.3 you will not access Content through any technology or means other than the video playback pages of the Services and the Application, the Embeddable Player, or other explicit means authorized by dubdub;
- 3.5.4 if you use the Embeddable Player on your website, you will make it clear that the embedded content comes from dubdub.com and you will not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the dubdub website or Application;
- 3.5.5 you will comply with all applicable laws in connection with your use of the Services.
- 3.5.6 we may discontinue any aspect or features of the Services at any time;
- 3.5.7 we may feature and un-feature, in our sole discretion and in whole or in part, your Content in one or more page of the Application, or on dubdub.com and/or on our Facebook, Twitter, Instagram, Snapchat or other social network pages;
- 3.5.8 you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal rights or remedies you have or may have against dubdub with respect thereto and, to the extent permitted by applicable law, agree to indemnify and hold harmless dubdub, its directors, shareholders, officers, employees, agents, partners, affiliates or licensors to the fullest extent allowed by law regarding all matters related to your use of the Services; and
- 3.5.9 you will not submit to the Services any Content or other material that is contrary these Terms of Service including any dubdub Community Guidelines, which may be updated from time to time, or contrary to applicable local, national and international laws or regulations.
3.6 Your Liability. You understand and expressly agree that:
- 3.6.1 dubdub is a public content creation, discovery and monetization platform; users of the Services may search for, see and/or use any Content that you make publicly available through the Services or, if your content is made private, that users access through the web links that was provided to them;
- 3.6.2 The Content is the sole responsibility of the person from whom such Content originated. This means that you, and not dubdub, are entirely responsible for all Content that you display, post, transmit or otherwise make available on the Website or the Application and that dubdub is not liable in any way for any loss or damage of any kind incurred, including by any third party, as a result of the use of any Content that is displayed, posted, transmitted or otherwise made available on or through the Website;
- 3.6.3 You are liable for any illegal or prohibited Content (see Prohibited Acts);
- 3.6.4 You must comply with all applicable laws including, without limitation, privacy laws, intellectual property laws and regulatory requirements;
- 3.6.5 dubdub may not monitor or control the Content posted on the Website or the Application in real-time and does not guarantee the accuracy, integrity or quality of such Content or that such Content will remain available to you or others. dubdub does screen content posted on dubdub using our Services, other than content made private except if such content is flagged by other users as being inappropriate or not in compliance with our Terms of Service and Policies, but this screening is done on a best effort basis and solely for the purposes of sorting Content for display and flagging Content that may be inappropriate and not in compliance therewith. As a user, you are encouraged to flag (report) inappropriate content through our community policing features; and
- 3.6.6 dubdub shall have the right to, but not the obligation, to monitor, change or remove any of Content without notice at any time including any comments that we deem in our sole discretion breaches our Terms of Service. We will use commercially reasonable efforts to block or remove offensive, abusive or inappropriate Content discovered by or reported to dubdub. However, dubdub may not review all Content in real time and may not be in a position to review all Content, and you understand that by using the Website or the Application, you may be exposed to Content that is inaccurate, offensive, abusive or inappropriate.
- 3.6.7 You acknowledge that any song, artist and other metadata that may be made available through our services may be gathered through users or various third parties, Therefore, we make no representations, warranties or guarantees as to the accuracy of any such data.
3.7 Music and Sound Effects. The music or sound effects provided by dubdub (“dubsound”) may be royalty-free (free library) or may require that you purchase a license in order to use it (premium library). dubsound is provided “as is” and is for a limited use as further provided below. dubdub hereby grants you a limited, worldwide and non-exclusive right and license to use dubsound, only within the Application, to create video content for any commercial or non-commercial purpose and to publish it using the Service on the internet including various social media platforms, websites, Apple TV or other similar TV boxes and other digital media platforms. It is prohibited to use any dubsound for any purpose other than to create video content using the Service. dubdub may at any time, in its sole discretion and without prior notice, remove, edit, add or change the content of the dubsound libraries, revise the pricing of the dubsound premium library, and switch content from one library to another.
3.8 Third Party Sites. The Website, the Application and the Services may contain links to third party sites or resources that are not owned or controlled by dubdub. dubdub has no control over, and assumes no responsibility for, any content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the terms and policies of those third parties where applicable. By using the Website, the Application and the Services, you expressly release dubdub from any and all liability (direct or indirect) arising from your use of any third-party site or resource accessed from the Website, the Application or the Services.
3.10 Commercial License Required. If you (i) wish to offer video as a service using our patent-pending Application and Service for commercial purposes (i.e. revenue generating) other than as (A) an individual acting on your own behalf only (i.e. creating Content for yourself only) or (B) an employee of a business or other for-profit organisation (“Business”) other than an Enterprise (as defined below) and acting solely on behalf of said Business (i.e. creating Content for said Business only as part of your duties as an employee and not for any third party), (ii) create and publish, on behalf of a Business, private Content twice as much (or more) as you create and publish public Content on behalf of said Business, (iii) create and publish Content on dubdub on behalf of a Business that has 500 employees or more or whose securities are traded on a stock exchange or any affiliate of such Business (an “Enterprise”), please contact us at email@example.com as such use requires a commercial license from dubdub.
3.11 Promotions. dubdub may from time to time run promotions with, or provide any other incentives to, all of its users or a limited number of users chosen by dubdub in its sole discretion (“Promotions”). Such Promotions may include depositing additional funds to your dubcandy account provided you meet certain criteria or have completed certain deliverables that dubdub determines from time to time in its sole discretion. Any Promotion may be cancelled or amended at any time without notice.
3.12 Acting Influencers. If dubdub hires you as an influencer to create Content for one or more brands, you hereby agree for good and valuable consideration, subject to any service agreement you may have entered into with dubdub, that you will (i) create branded Content diligently and professionally, to the best of your abilities, in accordance with the applicable goals and deliverables indicated to you, (ii) use the dubcandy Application to monetize such branded Content, (iii) use your best efforts to promote the interests and goodwill of the brand, dubdub and the Application, (iv) devote sufficient time and attention to complete any such duties, and (v) not remove, make private or otherwise hide such Content made as part of your acting influencer activities with dubdub and said brand(s), without the prior written consent of dubdub.
4.1 Certain Prohibited Acts. So that the Website, the Application and the Services are available for all users to enjoy, you may not, in addition to other prohibited acts stipulated in these Terms of Service, and hereby represent, warrant and covenant that you will not or permit or enable any third party to:
- 4.1.1 violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights including dubdub’s Copyright and Trademark Policy;
- 4.1.2 use technology or other means to access, index, frame or link to the Services that is not authorized by dubdub (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
- 4.1.3 introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- 4.1.4 damage, disable, overburden, impair, or gain unauthorized access to the Services, including dubdub’s servers, computer network, or user accounts;
- 4.1.5 remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services;
- 4.1.6 use the Services to advertise or promote services that are not expressly approved in advance in writing by dubdub;
- 4.1.8 encourage conduct that would constitute a criminal offense or give rise to civil liability;
- 4.1.9 violate dubdub’s Terms of Service or any or policies or guidelines posted by dubdub;
- 4.1.10 interfere with any other party’s use and enjoyment of the Services;
- 4.1.11 access or attempt to access the Services by any means other than through our home page, user or video page or our Application, or use automated tools to operate the Services (e.g., scripts);
- 4.1.12 use the Website, the Application or the Services in a way (including without limitation by downloading, uploading, transmitting or otherwise making available any Content on or through the Website) that (i) violates the terms of the Terms of Service (including, without limitation, through the posting of any Content that violate third party rights or applicable laws); (ii) is unlawful, infringing, harmful, threatening, tortious, defamatory, libellous, offensive, abusive, obscene, pornographic, sexually explicit, vulgar, invasive of another’s privacy, profane, hateful, fraudulent, malicious, lascivious, filthy, violent or otherwise objectionable or improper, or which encourage conduct that would violate any law or government regulation or give rise to civil or criminal liability under any law; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of “junk messages”, “chain letters”, or unsolicited mass mailing or “spamming”; (v) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (vi) promotes information that you know is false, misleading, or promotes illegal activities or conduct; (vii) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (viii) interferes with or disrupts the Website, the Application or the Services ; (ix) collect or “harvest” from the Website or the Application the names and/or other information of other users for the purpose of transmitting to those other users unsolicited commercial messages; or (x) otherwise violates any local, national or other applicable law or regulation or any fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 4.1.13 remove any dubdub intro, outro or watermark that may be added with the Services to any Content published on dubdub, except with the prior written consent of dubdub;
- 4.1.14 attempt to do any of the foregoing.
4.2 Your Account may be Suspended or Terminated. Any use of the Website, the Application or the Services not specifically permitted under the Terms of Service is strictly prohibited and may result, at dubdub’s sole discretion, in the suspension or termination of your account.
4.3 Reporting Violations. Any misuse or violation of the Services may be reported to firstname.lastname@example.org.
PROVISIONS SPECIFIC TO DUBCANDY
5.1 Definitions. For purposes of this Agreement, the following terms have the following meanings:
- 5.1.1 “Commissions” means monetary payments made to you in relation to sales by Customers from Merchants.
- 5.1.2 “Customer” means a user of the Application that is referred to a Merchant via the Service and/or interacts with Merchants by purchasing goods and/or services or donating money.
- 5.1.3 “Merchant” means a party that supplies goods and/or service to, or otherwise supports an e-commerce transaction with including accepting money donations from, Customers and which has an affiliate program or other means of communicating to dubdub the associated Commissions.
- 5.1.4 “Your Site” means all the website(s) and online network(s) where you intend to or actually publish and share a dubcandy video.
5.2 Registration. In order to use dubcandy, you must download the Application from the AppStore or from Google Play and complete the initial registration process. Once you have signed in within dubcandy, you may be able to use only certain features of dubcandy until your enrollment is completed with dubcandy. dubdub evaluates all registration applications for suitability to receive access to the dubcandy Service in its sole discretion. dubdub may require that you provide certain information including personal information in order to complete your enrollment and enable payment processing with dubcandy, such as your full name, address, country of residence, phone number, email address, social account information, bank information, your history with any affiliate program and financial institution, and where you will post and share dubcandy videos (i.e. Your Site). dubdub will inform you via email or in the dubcandy Application if your registration application has been approved.
5.3 Responsibility for Your Site. You will be solely responsible for all matters related to the content, operation and maintenance of Your Site, including, but not limited to: (i) embedding dubcandy Content on Your Site, (ii) creating and posting Merchant descriptions and links on Your Site; (iii) the accuracy and appropriateness of all materials posted on Your Site (including, but not limited to, your Content and all information regarding Merchants and Merchants’ products and/or services); (iv) ensuring that all materials (including Content) posted on Your Site do not infringe or misappropriate any third party intellectual property rights and comply with our Terms of Service and the terms of service of the Merchant you are referring Customers to; (v) ensuring that all materials (including Content) posted on Your Site is not illegal or otherwise prohibited, (vi) adding proper disclaimers that are required by dubdub, Merchants, advertising agencies and governmental authorities in connection with your referral of Customers to Merchants.
5.4 Prior Screening. dubdub reserves the right, at any time without notice, to (i) screen and pre-authorize any of your dubcandy videos before you may be able to share or embed them online, including on Your Site, and (ii) restrict you from using, publishing and sharing any dubcandy Content in its entire discretion.
5.5 Compliance with Applicable Laws. You represent, warrant and covenant that you shall comply with applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state, or otherwise) that govern marketing email and anti-spam legislation, as well as any applicable Merchant terms and conditions and policies, in each case to the extent applicable to your operation of Your Site and use of the dubcandy Service, including, without limitation, those regarding the disclosure of a material relationship inherent in the links on Your Site.
5.6 Restrictions to dubcandy Content. You may not create any Content using the dubcandy Application if by doing so you are violating these Terms of Service or any third-party rights. For instance you are not allowed to add tags to a dubcandy video if that video was created by someone other than yourself, except if you have obtained the permission of the person or group of persons who created said video.
5.7 Promoting your Own Products. Notwithstanding any provisions to the contrary, should you wish to use, directly or indirectly, the dubcandy Application as a business or other for-profit organization to promote and sell your own products and services please contact us at email@example.com as such use requires a commercial license from us.
5.8 Updating Information about your Sites. You must promptly inform dubdub at firstname.lastname@example.org or through any feature that allows you to do so in the Application if you intend to post dubcandy videos on websites and other online networks that have not been specified when you enrolled with dubcandy. dubdub may approve or reject each site request at its discretion. If dubdub decides to reject a domain request, it is not obliged to provide you with its reasons for doing so. If dubdub approves a site request, it will notify you by email or within the dubcandy Application, and you may begin posting dubcandy videos in relation to such additional website(s) and online networks. Should the additional sites be added without dubdub approval, dubdub can at its discretion reverse all commissions earned.
5.9 Merchants. You acknowledge and agree that (i) dubdub selects in its sole discretion which Merchants the dubcandy Service can be affiliated with, as well as the number of Merchants (if any) the dubcandy Service will be affiliated with; (ii) Merchants set their Commission structures and may change their Commission structures (generally or solely with respect to you) or terminate, with or without prior notice, their involvement in the dubcandy Service (generally or solely with respect to you) at any time and dubdub will have no control over or liability in connection with any Merchant’s decision to do so; (iii) dubdub may add tags and links to your Content or add additional tags and links to your dubcandy videos if it considers, in its sole discretion, that you can earn revenues with these tags without however making any warranties that any such added tags will generate any revenues to you, and (iv) Merchants or other businesses may at any time send dubdub notice requesting that you remove links or references to Merchants’ or other businesses’ brands, products, services or trademarks and dubdub will communicate this notice to you and may take-down, remove and delete any Content posted by you in connection therewith.
5.10 Commission and Payment. dubdub will be the ‘publisher of record’ for all Merchant affiliate programs, and will collect all commissions received from Merchants on account of referrals from dubcandy Content created by you. dubdub will pay you a Commission equal to (i) a percentage of revenues (the “Applicable Percentage”) that dubdub actually receives from Merchants on account of referrals from your own dubcandy Content (“Merchant Revenue”) minus (ii) any Chargebacks (as defined below) and any other commission cancellations, reversals or deductions that may be applicable as determined by dubdub with respect to any referrals from your own dubcandy Content and minus (iii) any Payment Processing Fee (as defined below) (collectively, “Deductions”). The Applicable Percentage may be revised by dubdub from time to time without notice. Your Commission can only be paid when it is indicated as being available for payment in the dubcandy Application. Your Commission will be made available for withdrawal at the end of each month for all Commissions earned by you that correspond to Merchant Revenue that dubdub has received up to that point, subject to dubdub’s minimum withdrawal amount and dubdub’s minimum hold period (“Hold Period”) which can range from 60 to 90 days after your Commission has been earned with a Merchant, to cover potential Chargebacks and other Deductions. There is a minimum of $20.00 for any withdrawal of Commission and any withdrawal will be subject to (A) transaction and payment processing fees charged by our payment processing partners and banks (“Payment Processing Fees”) and (B) payment processing fees that may be charged by your own bank or other payment processing agent. Withdrawal notices are usually processed by dubdub within 2 to 5 business days but processing delays beyond our control may occur. The Payment Processing Fees are currently as follows but can be revised at any time without notice: https://dubdub.com/payment-processing-fee-schedule/. The Applicable Percentage and the anticipated Merchant Revenues are currently as follows but can be revised at any time without notice: https://dubdub.com/commission-schedule/. dubdub will collect, through the Payment Agent, all relevant details for tax purposes as necessary and specified by applicable law.
5.11 Chargebacks. A Merchant may determine, in its sole discretion, that any sale was not a bona fide transaction, whether goods are returned by the Customer or otherwise (a “Chargeback”), and may make a Chargeback claim requesting certain Commissions be canceled or reversed to reflect the fact that the Merchant’s business never benefited from the transaction. Chargebacks are communicated to dubdub as they occur. Merchant Revenue is typically paid by Merchants, and Chargebacks are typically determined, within sixty (60) days but can fall outside of this, from the applicable sale; however, you acknowledge and agree that dubdub is not required to pay any Commission to you until dubdub has actually received the corresponding Merchant Revenue, and that you will be solely responsible and will pay dubdub for (and dubdub may deduct from any Commission payments to you) the full amount of any Chargebacks and other Deductions, regardless of when such Chargeback or other Deduction is claimed by the Merchant, including after any Hold Period that applies to you. Commissions earned are solely the result of Merchant’s evaluation and approval of referrals from your dubcandy Content that contains tags that link such Content to such Merchant’s online store and dubdub has no say nor visibility into how these referral transactions are evaluated and approved, nor why a referral transaction was disallowed or not paid on.
5.12 Merchant Revenue Calculations. You agree that different Merchants use different Merchant Revenue calculations based on fixed amounts per sale, CPA “cost per action”, CPC “cost per click”, bounties, or other percentage based methodologies (without limitation). You shall review all Merchant affiliate program terms and conditions that apply to your dubcandy Content (see the Merchant Section below for a list of the applicable terms and conditions that apply to you). Any and all requests and appeals for payment or rationale behind click-affiliation are not the responsibility of dubdub, nor does dubdub have any duty to help you resolve any issue with any Merchant affiliate payments. You are solely responsible for any fees charged by your bank or other provider for receiving payments from dubdub. It is also your sole responsibility to ensure that you provide dubdub with accurate information in order for dubdub to process any payments to you. Furthermore, should any payments be returned or rejected, dubdub will charge these fees directly to you and may deduct such fees against your account balance.
5.13 Applicable Percentage May Vary. dubdub may, in its sole discretion and on a case by case basis, modify the Applicable Percentage and the Commission based on volume or other special arrangements with certain dubcandy users, including pursuant to a commercial license agreement.
5.14 Declining or Reversing Payments. dubdub may at all times decline or reverse the payment of any Commissions owed to you if you have not complied with these Terms of Service. Furthermore, dubdub is entitled, in its entire discretion, to forfeit all of your earned but unpaid Commission if your account is terminated for breach of these Terms of Service or if your account remains inactive for a period of 12 months or more.
5.15 Currency. All Commissions will be paid in U.S. dollars unless otherwise stipulated in the dubcandy Application.
5.17 Denying Services. dubdub may deny, suspend or terminate your use of the dubcandy Services and remove any of your dubcandy Content at any time, at its entire discretion.
5.18 Compliance with Native Advertising Regulations and Guidelines. It shall be your sole responsibility to comply with all native advertising regulations and guidelines applicable to you. Such regulations and guidelines may apply to you in particular if you (i) have created and distributed Content featuring products and services from a brand or have endorsed products and services in consideration of a remuneration or other consideration given to you, (ii) are tagging products and services using the dubcandy Application or (iii) are otherwise, in exchange of a remuneration or other consideration, promoting or advertising products and services on behalf of a third party. Such regulations and guidelines include those promulgated by the Federal Trade Commission (U.S.), the Advertising Standards Canada and the Competition Bureau (Canada). Please refer to https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses, among such regulations and guidelines that may apply to you. Feel free to contact us at email@example.com for more information about native advertising.
5.19 Responsibility for your own Actions. dubdub shall not be responsible in any way for your use and actions as a viewer or Customer of any dubcandy Content including the purchase of any product, service or the use of other tags and links to third-party sites or applications, including any donations or other e-commerce transactions made with dubcandy Content and dubdub makes no representation nor warranty in respect of any such product, service or links to third-party sites or applications tagged in any dubcandy Content, including the accuracy or suitability of any such product, service or links to third-party sites or applications.
5.21 Interruption of Services by Payment Agent. Our Payment Agent may, for various reasons, interrupt or terminate the use by dubdub of the Payment Agent’s services at any time with or without notice. dubdub shall not be responsible for (i) any interruption or termination of the Payment Agent’s services (in the case of such termination, dubdub shall however use reasonable commercial efforts to find and use another Payment Agent), (ii) any delays that may arise with the Payment Agent’s services or any other third party involved in the payment processing of any Commission, such as a bank.
5.23 Release to Payment Agent. You hereby release, hold harmless and forever discharges the Payment Agent and any of its employees, officers, directors, shareholders and agents (“Payment Agent Released Parties”) from any and all action(s), cause of action(s), suits, claims and demands of any kind whatsoever against any Payment Agent Released Parties, which you ever had, now have or may have, or which your heirs, executors, administrators, successors and assigns, or any of them, hereafter can, shall or may have, directly or indirectly, against the Payment Agent Released Parties for or by reason of your use of the dubcandy Application, except for gross negligence, wilful misconduct or lost funds from the Payment Agent.
Amazon Affiliate Program
- 5.24.1 By tagging in your dubcandy videos any products or services that are made available by Amazon, you agree at all times to fully comply (with the necessary adjustments since dubdub has a direct affiliate relationship with Amazon, not you) with the following agreements that govern dubdub’s direct relationship as a participant in, and your indirect relationship in respect of the use of, the Amazon Services LLC Associates program:Amazon Associates Program Operating Agreement: https://affiliate-program.amazon.com/help/operating/agreementAssociates Program Participating Requirements: https://affiliate-program.amazon.com/help/operating/participation And all other policies, guidelines, agreements and documents referred to therein (collectively, the “Amazon Agreements”).
- 5.24.2 You hereby release, hold harmless and forever discharges Amazon and any of its employees, officers, directors, shareholders and agents (“Amazon Released Parties”) from any and all action(s), cause of action(s), suits, claims and demands of any kind whatsoever against any Amazon Released Parties, which you ever had, now have or may have, or which your heirs, executors, administrators, successors and assigns, or any of them, hereafter can, shall or may have, directly or indirectly, against the Amazon Released Parties for or by reason of your use of the dubcandy Application, except as otherwise provided in the Amazon Agreements.
Rakuten Affiliate Program
- 5.24.3 By tagging in your dubcandy videos any products or services that are made available by Rakuten Marketing LLC (“Rakuten“) and its advertisers including Macy’s (“Rakuten Advertisers“), you agree at all times to fully comply (with the necessary adjustments since dubdub has a direct affiliate relationship with Rakuten and the Rakuten Advertisers, not you) with the following agreements that govern dubdub’s direct relationship as a participant in, and your indirect relationship in respect of the use of, the Rakuten Affiliate Network: – Rakuten Publisher Membership Agreement and Rakuten Affiliate Network Policies, the applicable provisions of the Macy’s terms and conditions for linking Content to Macys.com, as well as all other policies, guidelines, agreements and documents referred to therein (collectively, the “Rakuten Agreements”).
- 5.24.4 You hereby release, hold harmless and forever discharges Rakuten and the Rakuten Advertisers and any of their employees, officers, directors, shareholders and agents (“Rakuten Released Parties”) from any and all action(s), cause of action(s), suits, claims and demands of any kind whatsoever against any Rakuten Released Parties, which you ever had, now have or may have, or which your heirs, executors, administrators, successors and assigns, or any of them, hereafter can, shall or may have, directly or indirectly, against the Rakuten Released Parties for or by reason of your use of the dubcandy Application, except as otherwise provided in the Rakuten Agreements.
6.1 Interruptions. You acknowledge that: (i) your access to and use of the Website, the Application and/or the provision of Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the Application and/or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of the Website, the Application and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Website or the Application; (b) in the event of a denial of service attack or other attack on the Website and/or our servers or other event that we determine, in our sole discretion, that a risk to the Services, to you or to any of our other users may be created if the Services were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Interruptions”).
6.2 No Liability. dubdub shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
6.3 Notice of Interruption. To the extent we are able, we will endeavour to post updates on the Website, within the Application or through other means (e.g., Twitter) regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
7.1 Your Responsibility. You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Services. You agree to accept responsibility for all activities that occur under your account or from your handheld device on which the Application is installed (where applicable).
7.2 No Guarantee. We endeavour to use reasonable security measures to protect against unauthorized access to your account and to any data which may be stored on our servers. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Website, the Application or their content. You accept all risks of unauthorized access to the Website, the Application, your Account Information and any other information you provide to dubdub.
7.3 Disclaimer and Indemnity. dubdub will not be responsible for any loss or damage arising out of the unauthorized use of your account and you agree to indemnify and you hold harmless dubdub, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
CANCELLATION & TERMINATION OF YOUR ACCOUNT
8.1 Cancelling Your Account. You can cancel your account at any time by contacting dubdub at firstname.lastname@example.org. If you subscribed to a paid plan, your account features will be automatically terminated at the end of your pre-paid period unless renewed. Subscriptions created with Apple or Google may be cancelled at anytime by following the instructions provided by Apple or Google.
8.2 Termination or Removal of Content by dubdub. dubdub may terminate your account immediately (i) in the event of breach or violation of the Terms of Service or if dubdub determines that you are a repeat infringer or (ii) as set forth in the section “Warranty Disclaimer” (see Section 10 below). dubdub may at any time, without prior notice and in its sole discretion, remove any Content that does not comply with the Terms of Service.
8.3 Surviving Obligations. All provisions of the Terms of Service which by their nature should survive expiration or termination of an agreement shall survive the expiration or termination of the Terms of Service, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability and indemnification. Termination of your access to and use of the Website, the Application and the Services shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to dubdub, including without limitation any indemnification obligations contained herein.
9.1 Grant of License. The technology and other intellectual property used by dubdub in connection with the Website, the Application and the Services are licensed to it by dubdub Inc., with the authorization of Mydub Media Corporation. You acknowledge and agree that dubdub may assign to Mydub Media Corporation, without your prior consent or notice to you, in whole or in part any right granted by you to dubdub hereunder.
9.2 Type of License. dubdub grants you a personal, non-exclusive, non-transferable, worldwide, revocable license to access and use of the Website, the Application and the Services in accordance with the terms set forth in the Terms of Service. The Website, the Application and the Services are made available to you for your non-commercial use only, except as otherwise specifically stipulated hereunder. You need to obtain our permission if you want (i) to sell, distribute, license or in any other way exploit, in whole or in part, the Services, the Content or the use of the Website or the Application (including by way of a bundle with other products and/or services) or any information or software associated with them or (ii) to modify or create derivative works from the Website, Content or the Application, in whole or in part, except as specifically permitted hereunder. The Application is licensed, not sold. Upon your installation of the Application, dubdub grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use, or the use of any other third party with access to your handheld device, except as otherwise specifically stipulated hereunder.
9.3 Reservation of Rights. dubdub reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void.
9.4 Trademarks. The following are trademarks (registered or not) used under license by dubdub: “dubdub”, “dubsuite”, “dubcandy”, “dubworld”, “dubprofile”, “dubdub Stories”, “mydubdub” as well as certain other dubdub trademarks, service marks, graphics, and logos (collectively, the “Trademarks”) used in connection with the Website, the Application or the provision of Services. The Website or the Application may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners’ websites (collectively, the “Other Trademarks”).
9.5 Property. Except as otherwise provided hereunder, all content displayed on the Website or the Application as well as all the software (including any source code) used in connection with the Website, the Application or the Services are the exclusive property of Mydub Media Corporation, used under license by dubdub Inc., or third parties and is protected by copyright laws.
9.6 No Implicit License to Intellectual Property. Except as otherwise provided hereunder, nothing appearing on the Website or the Application will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website, the Application and/or the Services (collectively, the “Intellectual Property”) and the Intellectual Property remains the exclusive property of Mydub Media Corporation, used under license by dubdub Inc., or its owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Website or made available through the Services except as otherwise permitted hereunder (e.g. embedded content).
9.7 Feedback. If you choose to communicate to us comments, suggestions for improvements to the Website, the Application or the Services (collectively, “Feedback”), you may do so by writing to us at email@example.com or through the Website or the Application. However, we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to dubdub, its successors and assigns and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) dubdub is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) dubdub shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) dubdub may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from dubdub under any circumstances.
10.1 “AS IS” USE. “AS IS” BASIS. THE WEBSITE, THE APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU “AS IS.” THE ACCESS AND USE OF THE WEBSITE, THE APPLICATION AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR USE OF THE WEBSITE, THE APPLICATION OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUBDUB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. DUBDUB MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DUBDUB DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
10.2 WARRANTY DISCLAIMER. DUBDUB MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE ACCESS, THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE APPLICATION OR THE PROVISION OF THE SERVICES OR THE CONTENT PROVIDED BY THE USERS ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, DUBDUB MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES OR YOUR ACCESS OR USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, OR WITHDRAW ANY CONTENT FROM THE WEBSITE OR THE APPLICATION. IF DUBDUB ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, DUBDUB WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY.
10.3 YOUR INFORMATION. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON OR THROUGH THE WEBSITE, THE APPLICATION OR OUR SERVICES (INCLUDING PERSONAL INFORMATION) IS AT YOUR OWN RISK. DUBDUB DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
LIMITATION OF LIABILITY & INDEMNITY
11.1 LIMITATION OF LIABILITY. IN NO CASE WILL DUBDUB, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR ACCESS, USE, MISUSE OR INABILITY TO ACCESS OR USE THE WEBSITE, THE APPLICATION OR THE SERVICES OR (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, IN BOTH CASES (I) AND (II) REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF DUBDUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, IN NO EVENT WILL DUBDUB’S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES EXCEED CAD$100, OR IF YOU ARE A USER OF DUBCANDY, THE COMMISSIONS PAID TO YOU BY DUBDUB UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
12.1 No Partnership. No agency, partnership, joint venture, or employment is created between you and dubdub or Mydub Media Corporation as a result of the Terms of Service and you do not have any authority of any kind to bind dubdub or Mydub Media Corporation in any respect whatsoever.
12.2 Applicable Law; Jurisdiction. The Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, applicable to agreements made and entirely to be performed within the Province of Ontario, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. You and dubdub expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these Terms of Service nor to any dispute arising therefrom. Regardless of where you access the Website, the Application or use the Services, you agree that any action at law or in equity arising out of or relating to the Terms of Service shall be filed and adjudicated only in the federal or provincial courts located in the Province of Ontario (district of Toronto), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Terms of Service. Notwithstanding the foregoing, we shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by an Ontario court will, or may, not be enforced by the jurisdiction in which you resides or is located; or (iii) to enforce a judgment obtained against you in an Ontario court.
12.3 Severability. If any of the provisions of the Terms of Service or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Service will not be affected.
12.4 Contact us. If you have any questions regarding the Terms of Service or wish to report any issue relating to the Website, the Application or the Services you were provided, please contact us by email at firstname.lastname@example.org.
12.5 Language. The parties hereto acknowledge having expressly required that the Terms of Service and the Policies are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions de service et les Politiques soient rédigées en anglais.
dubdub is committed to maintaining your privacy.
1.4 Collection of Information. We collect personal information (collectively, “Your Personal Information”), as follows:
- 1.4.1 that you provide to us directly via the Websites or the Application when you fill out registration forms to create an account or payment processing forms or provide us feedback or comment;
- 1.4.2 that we receive from our social networking partners (e.g., Twitter, Facebook, Instragram, etc.), if you decide to link our Services with any such partners. This may include: your username, email address, public profile and friends who are using our Services.
- 1.4.3 dubdub also collects the following usage information when using the Services, whether you are accessing or using the Website or the Application as registered user or non-registered user (collectively, “Usage Information”): (i) Usage Information collected via the Websites: our cookie information (see below), your IP address, the name of the domain from which you access the Internet, the date and time of your access or use of the Website or the Application, the type of Internet browser and operating system (OS) you use, the hardware device (computer, tablet or mobile/smartphone) you use, the name of your Internet service provider (ISP), and the URL of any other website that referred you to our Website, including through Google Analytics; (ii) Usage Information collected via the Application: we collect information with respect to your use of the Application, such as your usage history, your location by city and country, your use of any available features in the Application (type of media, number of tracks, music, etc.), the number of dubs created and published and the sharing of dubs from the Application, chat information and messages, the products you are tagging in your dubs and all the data available through our affiliate partners with respect to your tagged videos, including without limitation the number of views, click-through rates, purchased products and earnings for each dubcandy video.
- 1.4.4 We may also collect system information to diagnose and debug software issues. Usage Information may be linked with personal information contained in your account, so it may be regarded as personal information.
1.5 Third-Party Suppliers. If dubdub retains a third party to perform certain business related functions, such as transmitting payments or data related to payments on our behalf, such third party shall be referred to as a “Third Party Supplier”. Tipalti, Inc. shall be one such Third Party Supplier. As an agent of dubdub, a Third Party Supplier may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, payment account information, address, and date of birth) for the purpose of our making payments to you and complying with laws. We and each Third Party Supplier shall have the right to collect, store use and disclose your information in order to assist in making payments to you, perform risk monitoring of transactions and to comply with applicable laws related to payments. Third Party Supplier shall have the right to communicate directly with you regarding any payment involving us or the Third Party Supplier.
1.6 Use of Information. We use Your Personal Information to manage your account, send you information on our Services, offer you new features or new services, optimize the Services we provide to you, provide updates for the Application and provide customer services. If you receive promotional emails or in-app notifications from us and you no longer wish to receive any such emails or notifications, you may follow the unsubscribe instructions in each of the email communications you receive or inform us that you no longer wish to receive in-app notifications using our in-app chat service.
1.7 Use of Usage Information. We may use Usage Information in aggregate for statistical purposes. We may also use Usage Information to evaluate and improve the features and functionality of our Website and/or the Application.
1.8 Sharing and Disclosure. In no event will dubdub sell or rent your personal information to third parties without your consent. dubdub may only share your Personal Information to the following:
- 1.8.1 Other users of the Services if you use the comment and chat functionalities and to your followers;
- 1.8.2 Members of your network (e.g. your network/friends/followers on Facebook and Twitter or other network connected to our Services) if you decide to share certain personal information with them via the Services;
- 1.8.3 Followers of our social media pages where we can associate your username (not your full name) on content made by you and posted by us on such pages;
- 1.8.4 Service providers that facilitate our Services, provide any or all part of the Services on our behalf or help us improve the Services (for example, data storage, web analytics, mapping providers and maintenance service providers). These services providers have access to Your Personal Information only for purposes of performing these tasks on our behalf; and
- 1.8.5 Law enforcement officials, governmental agencies, or other legal authorities (i) in response to their request; (ii) when permitted or required by law; (iii) to establish our compliance with applicable laws, rules, regulations, or guidelines; or (iv) or to establish, protect, or exercise our legal rights or defend against legal claims or demands. We may also share with third parties certain aggregated non-personal information about our users (such as the type of web browser they use) so as to optimize our Services.
1.9 Reorganisation or Sale Transaction. In addition, if dubdub merges with another company, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares, or in the event of bankruptcy, it is possible that Your Personal Information we possess may be sold, transferred or otherwise shared as part of that transaction. Also, dubdub may decide to retain a copy of the information post transaction. dubdub may at any time assign, without notice, in whole or in part, any such information to its parent company, Mydub Media Corporation.
1.10 Other Jurisdictions. You acknowledge that our service providers, as well as users of the Services or members of your social network may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home province, state, country or other governmental jurisdiction.
1.11 Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive or handheld device’s memory. dubdub may set and access certain cookies on your computer or handheld device for the following reasons:
- 1.11.1 to facilitate your signing-in on the Website or the Application;
- 1.11.2 so that we can provide you with customized content;
- 1.11.3 to keep track of preferences you specify while you are using our Services;
- 1.11.4 to provide general internal and user analytics;
- 1.11.5 to conduct research to improve the content of the Website, the Application and the Services;
- 1.11.6 to assist in identifying possible fraudulent activities. If you configure your browser to reject cookies, you may not be able to use certain or all of our Services.
1.13 Posting on Users’ Accessible Areas. As a registered user, you may post, submit and exchange content and information on areas of the Website or the Application that are accessible to other users if you decide so. You should exercise caution if you choose to disclose personal information in a publicly accessible area. You are solely responsible for any personal information that you disclose and disseminate on publicly accessible areas.
1.14 Correcting and Updating Your Personal Information. You should advise us if you believe that Your Personal Information is inaccurate. You have the right (i) to ask for Your Personal Information to be corrected or updated and (ii) to withdraw your consent to the use by dubdub of Your Personal Information. To do so, please update your account information or contact us at email@example.com. However, you may not be able to use certain or all of our Services if you do so. If you wish to update what information is shared through our social networking partners, you can make the appropriate changes within the privacy controls of your corresponding social networking account.
2.1 Restricted Access. We restrict access to personal information to dubdub employees and agents who need to know that information in order to operate, develop or improve our Services.
2.2 Protecting your Information. We make commercially reasonable efforts to protect against the loss, misuse, and alteration of personal information under our control. To help protect the confidentiality of personal information, we endeavour to use appropriate security measures (including physical security measures). Nevertheless, such security measures cannot prevent all loss, misuse or alteration of personal information and we are not responsible for any damages or liabilities relating to any such incidents.
2.3 Risks Associated with the Internet or Wireless Data Transmission. Despite dubdub’s best efforts to ensure third parties will not access or obtain Your Personal Information through the Website or the Application, complete confidentiality and security cannot currently be guaranteed on the Internet and/or where data is transferred via wireless digital technology of any type. Communication in this manner is subject to interception, loss, or alteration. You acknowledge and agree that dubdub cannot be held responsible for any losses or damages whether pecuniary or otherwise resulting from the transmission of Your Personal Information in this manner and that such communications are at your own risk.
LIMITATION OF LIABILITY
3.2 User Control and Uninstall for the Application. You can access and change user settings from the options/settings menu on your handheld device. Uninstall methods vary depending on your device. dubdub has no control over these functions and denies any responsibility of your use thereof, and any data or Your Personal Information sent to third parties as a result of said activities.
COPYRIGHT & TRADEMARK POLICY
Be Creative and Respectful
At dubdub, we are committed to helping everyone protect their copyright, trademark and other intellectual property rights.
Copyright is a form of intellectual property, applicable to certain forms of creative work such as film, music, books and art.
Trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
We believe that copyright/trademark law is fundamentally about striking a fair balance between content creators and copyright/trademark owners. In today’s digital world – where everyone can be a creator and content is instantly accessible to a huge audience – ensuring that we strike the right balance to safeguard the rights of copyright and trademark owners and ensure that users can express themselves in new and innovative ways is essential to fostering a vibrant, creative world.
However, as a dubdub user you have a responsibility to understand the implications of any copyright or trademark infringement but also understand your rights to counter-notice or appeal any request to remove your content on dubdub on the basis of fair use for instance. A notice of infringement from a third party may not necessarily mean that you are not legally entitled to use such content (such as a song or image). In case of doubt, you should consult with a legal advisor.
Filing a Notice of Alleged Infringement
If you are a copyright or trademark owner and reasonably believe that certain content published on dubdub violates your rights, you can file a notice of alleged infringement (“Notice of infringement”) in English or in French by email at firstname.lastname@example.org, by fax at 1-514-907-9363 or by mail at 183 Bathurst Street, Suite 400, Toronto (Ontario) Canada M5T 2R7. Please be aware, however, that DMCA notices and counter-notices may only be accepted to address copyright infringement claims and are not the proper method to report other legal claims including trademark, defamation or privacy violation claims. Legal sanctions can apply for certain knowing and material misrepresentations in DMCA notices.
A Notice of Infringement must include the following:
- Your complete contact information (full name, mailing address and phone number). Note that we regularly provide your contact information, including your name and email address, the name of your organization or client who owns the right in question, and/or the contents of your report to the person who posted the content you are reporting. You may wish to provide a professional or business email address for contact by users.
- A description of the work that you claim has been infringed.
- A description of the content on our site that you claim infringes your copyright or trademark.
- Information reasonably sufficient to permit us to locate the material on our site.
The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
- A declaration that:
- You have a good faith belief that use of the copyrighted/trademarked content described above, in the manner you have complained of, is not authorized by the copyright/trademark owner, its agent, or the law;
- The information in your notice is accurate; and
- You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright/trademark that is allegedly infringed.
- Your electronic signature or physical signature.
- Any other information you deem relevant.
If you have any other claims with respect to content published on dubdub.com, please contact us at email@example.com.
Right to Appeal
If dubdub receives a Notice of Infringement that pertains to content posted on our platform by you as a dubdub user, we may need to immediately take down and remove such content without first contacting you and we have no duty to you other than to inform you when such content has been taken down. However, you are entitled to appeal or counter-notice any take-down and removal of your content following the receipt of a Notice of Infringement.
If we remove your content because of a copyright or trademark claim, you’ll receive a warning from dubdub that includes the contact information of the person or company who made the report and/or the contents of the report.
Upon submission of an effective counter-notification from you, we will promptly forward it to the reporting party. If the reporting party does not notify us that they have filed an action seeking a court order to restrain you from engaging in infringing activity on dubdub related to the material in question within 10-15 business days, we will promptly restore eligible content.
In rare instances, we may not be able to restore content due to technical limitations. In that event, we’ll send you an update letting you know you may repost the content to the site at your discretion.
An effective counter-notification must contain your name, address and telephone number, among other information, and the party who reported your content can use that information to assist them in filing an action against you in court. This means that dubdub is required to pass the contact information you provide in the counter-notification to the reporting party.
It’s our policy to disable the accounts of people who repeatedly infringe others’ intellectual property rights when appropriate. Please make sure that all content you’ve posted and will post in the future doesn’t violate or infringe the rights of others.
If you have any questions in respect of this policy, please contact us at firstname.lastname@example.org, at 1-855-693-8271, by fax at 1-514-907-9363 or by mail at 183 Bathurst Street, Suite 400, Toronto (Ontario) Canada M5T 2R7.
FAIR USE POLICY
Learn more about our balanced and responsible approach to copyright protection and fair use.
A fair balance.
We believe that copyright law is fundamentally about striking a fair balance between artists and users. In today’s digital world – where everyone can be a creator and content is instantly accessible to a huge audience – ensuring that we strike the right balance to safeguard the rights of artists and ensure that users can express themselves in new and innovative ways is essential to fostering a vibrant, creative world. Sitting at the centre of the copyright balance is fair dealing (in Canada) or fair use (in the United States). This principle recognizes that users have the right to work with copyrighted materials without the need for further permission in appropriate circumstances to help them engage in their own acts of authorship and creativity.
The digital world.
The digital world is changing incredibly quickly and we believe we are about to see even greater changes in years to come. Artists increasingly understand the value of promoting user generated content, in which their fans use some of their copyrighted work in creative new ways. The fans love it and the artists benefit with a loyal following and commercial opportunities. In fact, some artists have even promoted lip dub contests across high schools because it’s a way of saying “thank you” for being a fan.
The embrace by many artists of this new social, creative and fun trend demonstrates their open minds and their willingness to give back to their fans who were there to support their art in the first place. The best fans have a real admiration for artists’ creativity and understand all the sacrifices they made to get where they are.
Your bottom line.
As an artist, you know that a great part of your bottom line is all about the fans. By being engaged with your work, fans give credit to the true artist you really are and the amazing work you keep making year after year. In many ways, the use of “a portion” of your work in user generated content represents a true and modern meaning of social collaboration without prejudicing your work and harming your revenue stream. In fact, it’s just the opposite… fans are really the best ambassadors of your work! And that’s what social media should be all about! Fans just want to have fun, sing your songs hundreds of times, promote your work, show off to their friends. They also want their share of fame and to expose their own talent and creativity.
The legal framework.
With user generated content creating a win-win opportunity for artists and fans, let’s consider the legal rules that govern this exciting new world. We’re supporters of creativity, great artists, and engaged fans, so we want the legal discussion to be accessible and understandable to everyone.
The fair use doctrine is often criticized for being too complex and difficult to understand. As a result, everyone loses as both artists and fans are often left wondering what they can and cannot legally do. On many user generated content websites, in case of doubt, content is quickly removed and users are advised to consult with an attorney. But how can users create innovative content if they have to consult with an attorney before they even get started or worry that their transformative work will be quickly taken down? The management of copyrighted work is frequently done by computer robots and they too have done a really poor job for the fans. As soon as music algorithms detect a possible infringement, the “infringing” content (as decided by robots) is taken down. The user is left confused and frustrated and has had a bad creative experience. Every time that happens, the industry takes one more step back by shutting down another creative, beautiful mind…
A responsible approach.
Why up to 90 second music dubs? We believe this portion represents a fair and reasonable use of the original music work, with no risk of representing a substitute of the original work. As fair use requires the analysis of a human with judgment and knowledge of copyright law, we had to provide for an objective criteria to determine whether or not the use of a portion of a music work was fair. And, as you might have figured out, 90 second music previews are now pretty much mainstream – just visit an online music store near you. In fact, not long ago, the Canadian Supreme Court was asked to consider whether playing song previews on online music stores qualifies as fair dealing. Its conclusion? By a unanimous full bench 9 judge ruling, it is.
Our business is governed by Canadian law, which not only has a fair dealing rule that covers music clips, but which also features specific protections for non-commercial user-generated content (Section 29.21 of the Copyright Act). That provision, the first of its kind anywhere in the world, gives fans the right to use copyrighted works when they create non-commercial user generated content under appropriate circumstances. This is a great new provision that meets everyone’s needs! Our policy is based on both Canadian fair dealing and the non-commercial user generated content provision. In other countries, we rely on local fair use or fair dealing.
Music dubs are compliant with the law.
For these reasons, music dubs on dubdub.com are compliant with the law as they represent legitimate user generated content used and disseminated within the boundaries of the law and the fair use or fair dealing doctrine. Fans can get creative again and show off to the world and their favorite artists! Meanwhile, we require users to buy songs from legitimate sources and encourage creative, colorful, transformative and humoristic content.
Dubs are transformative in their nature. When you watch a music dub, the images become much more important than the background soundtrack. It’s the facial expressions, the costumes, the creativity, the originality, the rhythm, the energy and the thrill of watching your friends having fun that become the heart of the new work. It’s a truly original transformative “new” work. And it’s so much fun!
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We may from time to time modify the Terms of Service and will post a copy of the amended Terms of Service on the Website or through the Applications, so we encourage you to review them periodically. If we make any substantial changes to the Terms of Service, we will notify you by posting a prominent notice on the Website and the Application. If you do not agree to, or cannot comply with, the Terms of Service as amended, you are not authorized to use the Website, the Application and the Services. You will be deemed to have accepted the Terms of Service as amended if you continue to access or use the Website, the Application or the Services after any amendments are posted on the Website and the Application. We reserve the right to refuse to provide our Services to anyone at any time.
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dubdub Policies and Guidelines. Your use of the Website, the Application and the Services is also subject to dubdub’s Policies and Guidelines (www.dubdub.com/policycenter) (the “Policies”), which are incorporated by reference and made a part of the Terms of Service. It is important that you read and understand the terms of our Policies. You must comply with our Policies in order to use the Services.
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