Terms and Conditions
General Terms – All Users
Your Relationship With Us Welcome to BackwoodBrince (the “Platform”), which is provided by BackwoodBrince Pte. Ltd. or one of its affiliates (“BackwoodBrince”, “we” or “us”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
Accepting the Terms By accessing or using our Services, you confirm that you can form a binding contract with BackwoodBrince, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. If you do not agree to these Terms, you must not access or use our Services.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
Changes to the Terms We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Your Account with Us To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: https://www.BackwoodBrince.com/legal/report/feedback.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, contact us at: https://www.BackwoodBrince.com/legal/report/feedback. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Your Access to and Use of Our Services Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
access or use the Services if you are not fully able and legally competent to agree to these Terms; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another’s account, service or system without authorisation from BackwoodBrince, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of BackwoodBrince, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose BackwoodBrince, the Services or its users to any harm or liability of any type. In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
Intellectual Property Rights We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Content A. BackwoodBrince Content As between you and BackwoodBrince, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “BackwoodBrince Content”), are either owned or licensed by BackwoodBrince, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the BackwoodBrince Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (as defined and further explained in the “Virtual Items Policy”), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the BackwoodBrince Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. BackwoodBrince reserves all rights not expressly granted herein in the Services and the BackwoodBrince Content. You acknowledge and agree that BackwoodBrince may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any BackwoodBrince Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
B. User-Generated Content Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “Virtual Items Policy“) and other elements provided by BackwoodBrince (“BackwoodBrince Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes BackwoodBrince Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes BackwoodBrince Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to raise, you can send us a report.
BackwoodBrince takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is BackwoodBrince’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
i. BackwoodBrince has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; Feedback is supplied on a non-confidential basis, and we are not beneath any obligation to maintain any Feedback you ship exclusive or to refrain from using or disclosing it in any way; and
iii. You irrevocably supply us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and in any other case use and exploit the Feedback and derivatives thereof for any reason and without restriction, free of cost and without attribution of any kind, which include through making, using, selling, offering for sale, importing, and promoting industrial products and offerings that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Indemnity You agree to defend, indemnify, and preserve harmless BackwoodBrince, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but no longer restricted to, attorneys’ expenses and expenses, arising out of a breach by using you or any consumer of your account of these Terms or arising out of a breach of your obligations, illustration and warranties beneath these Terms.
EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
LIMITATION OF LIABILITY NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO BackwoodBrince WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Other Terms a. Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their challenge be counted and their formation, are ruled by way of the laws of Singapore. Any dispute arising out of or in connection with these Terms, along with any query involving existence, validity or termination of these Terms, shall be referred to and finally resolved with the aid of arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which policies are deemed to be included with the aid of reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
b. Open Source. The Platform contains sure open supply software. Each object of open source software program is problem to its own applicable license terms, which can be found at Open Source Policy.
c. Entire Agreement. These Terms (including the Supplemental Terms below) constitute the complete felony agreement between you and BackwoodBrince and govern your use of the Services and absolutely substitute any prior agreements between you and BackwoodBrince in relation to the Services.
d. Links. You might also link to our home page, supplied you do so in a way that is fair and legal and does no longer injury our recognition or take benefit of it. You need to not establish a hyperlink in such a way as to propose any form of association, approval or endorsement on our section the place none exists. You have to now not set up a hyperlink to our Services in any internet site that is no longer owned by means of you. The website in which you are linking ought to comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission barring notice.
e. Age Limit. The Services are only for people 13 years ancient and over (with extra limits that can also be set forth in the Supplemental Terms – Jurisdiction-Specific). By using the Services, you confirm that you are over the applicable age precise herein. If we research that any one beneath the applicable age unique above is the usage of the Services, we will terminate that user’s account.
f. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall now not be construed as a waiver of any provision or right.
g. Security. We do not guarantee that our Services will be invulnerable or free from bugs or viruses. You are accountable for configuring your statistics technology, computer programmes and platform to get admission to our Services. You must use your very own virus protection software.
h. Severability. If any court of law, having jurisdiction to determine on this matter, regulations that any provision of these Terms is invalid, then that provision will be removed from the Terms except affecting the rest of the Terms, and the ultimate provisions of the Terms will proceed to be valid and enforceable.
i. Questions? Contact us at: https://www.BackwoodBrince.com/legal/report/feedback.
Supplemental Terms – App Stores To the extent authorised by means of applicable law, the following supplemental terms shall practice when accessing the Platform through precise devices:
Notice related to Apple.
These Terms between BackwoodBrince and you; Apple is now not a celebration to these Terms. The license granted to you hereunder is restricted to a personal, limited, non-exclusive, non-transferable right to set up the Platform on the Apple device(s) accepted by way of Apple that you own or manage for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Apple is now not responsible for the Platform or the content material thereof and has no responsibility in any way to furnish any maintenance or aid services with recognize to the Platform. In the event of any failure of the Platform to conform to any relevant warranty, you may additionally notify Apple, and Apple will refund the buy rate for the Platform, if any, to you. To the maximum extent authorized via relevant law, Apple will have no other assurance obligation in anyway with admire to the Platform. Apple is now not accountable for addressing any claims by way of you or a third birthday celebration concerning to the Platform or your possession or use of the Platform, consisting of barring quandary (a) product legal responsibility claims; (b) any declare that the Platform fails to conform to any applicable felony or regulatory requirement; and (c) claims arising underneath customer safety or similar legislation. In the match of any third birthday party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not accountable for the investigation, defence, agreement or discharge of such intellectual property infringement claim. You signify and warrant that (a) you are no longer positioned in a us of a that is problem to a U.S. Government embargo, or that has been unique by using the U.S. Government as a “terrorist supporting” country; and (b) you are no longer listed on any U.S. Government listing of prohibited or constrained parties. Apple and its subsidiaries are 1/3 party beneficiaries of these Terms and upon your acceptance of the terms and stipulations of these Terms, Apple will have the proper (and will be deemed to have widely wide-spread the right) to enforce these Terms in opposition to you as a third celebration beneficiary hereof. BackwoodBrince expressly authorises use of the Platform via a couple of users via the Family Sharing or any comparable functionality furnished through Apple. Windows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors) operated by using Microsoft, Inc. or its affiliates, you specifically well known and agree that:
You might also set up and use one copy of the Platform on up to 5 (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to get admission to the Windows Phone Store. Beyond that, we reserve the right to follow extra prerequisites or cost extra fees. You acknowledge that Microsoft Corporation, your cellphone manufacturer and community operator have no responsibility in any respect to furnish any maintenance and assist offerings with respect to the Platform. Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or associates (“Amazon”), you specially well known and agree that: to the extent of any fighting between (a) the Amazon Appstore Terms of Use or such other phrases which Amazon designates as default end person license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other phrases and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with recognize to your use of the Platform that you download from the Amazon Appstore, and Amazon does not have any accountability or legal responsibility associated to compliance or non-compliance via BackwoodBrince or you (or any different user) under these Terms or the Amazon Appstore EULA Terms. Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its associates (“Google”), you specially renowned and agree that:
to the extent of any warfare between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such different phrases which Google designates as default stop consumer license terms for Google Play (all of which collectively are referred to as the “Google Play Terms”), and (b) the different phrases and stipulations in these Terms, the Google Play Terms shall follow with admire to your use of the Platform that you down load from Google Play, and you hereby well known that Google does not have any responsibility or legal responsibility related to compliance or non-compliance by BackwoodBrince or you (or any different user) underneath these Terms or the Google Play Terms. Supplemental Terms – Jurisdiction-Specific Brazil. If you are the usage of our Services in Brazil, the following additional phrases apply. In the event of any war between the following additional terms and the provisions of the important physique of these Terms, the following terms shall prevail.
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed with the aid of Brazilian law. You and we each agree that the courts of Brazil will have extraordinary jurisdiction. Parental and Guardian Consent. If you are over the age of 16 however under the age of 18, you declare that you had the consent of your parent or legal guardian to use the Services or to register an account on the Services. India. If you are using our Services in India, the following additional terms apply. In the match of any fighting between the following additional terms and the provisions of the most important physique of these Terms, the following terms shall prevail.
Accepting the Terms. By agreeing to these Terms and through having access to or the usage of our Services, you renowned that you have examine and understood these Terms and grant your consent to be sure with the aid of these Terms and our Privacy Policy and Community Guidelines. Your get admission to to and use of our Services. You may additionally not use the Services to upload, transmit, distribute, shop or in any other case make accessible in any way (including for the functions of creating and/or streaming content) any User Content that: is obscene, pornographic, paedophilic; is pertaining to to or encouraging cash laundering or gambling, or otherwise any pastime that is illegal in any manner whatsoever; harms minors in any way; deceives or misleads the addressee about the origin of such messages or communicates any records which is grossly offensive or menacing in nature; or threatens the unity, integrity, defence, safety or sovereignty of India, pleasant members of the family with overseas states, or public order or reasons incitement to the fee of any cognisable offence or prevents investigation of any offence or is insulting any different nation. User–Generated Content. You hereby irrevocably waive any right to raise any objection or different declare before any authority inclusive of any copyright board in relation to the rights granted and licensed to us below these Terms, such as any proper beneath the provisions of part 30A of the (Indian) Copyright Act, 1957 or different relevant law. The above waiver is granted with the aid of you in favour of BackwoodBrince and all of its group companies, affiliates and successors in title and interest, whether or not existing or in future. Indemnity. In the tournament you are required to indemnify us pursuant to these Terms or any order or ruling of a court docket of law, you will reap all necessary approvals and has the same opinion from regulatory authorities for the remittance of such amount to us. Indonesia. If you are the usage of our Services in Indonesia, the following additional terms apply. In the event of any fighting between the following additional terms and the provisions of the primary physique of these Terms, the following terms shall prevail.
Accepting the Terms. By taking part in the Services, you characterize that you are at least 21 years of age or married or no longer beneath guardianship. If you are beneath 21 years old and you are no longer married, your account ought to be opened under the identify of your parent(s) or guardian(s). Further, you represent and warrant that you have got consent from your parent(s) or prison guardian(s) unless you point out otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take accountability for: (i) all your actions in connection with your access to the Services; (ii) any charges or charges related with your use of any of the Services (as applicable); (iii) your compliance with this Terms; and (iv) making sure that any of your participation in Services will not, in any event, result in any violation of applicable laws and guidelines referring to to toddler protections. If you do no longer have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not inclined to open the account underneath their name, you must give up gaining access to the Services.” Limitation of Liabilities. No trouble of liabilities set out in Section 10 (Limitation of Liability) above shall now not be applicable to the extent any loss or injury is incurred via you as a result of our willful misconduct or negligence. Age Limit. The Services are only for people 14 years historical and over in Indonesia. Language. These Terms has been prepared in the English language and Indonesian language. In the match of any inconsistency or extraordinary interpretation between the English text and Indonesian text, the English textual content shall be triumphant and the applicable Indonesian textual content shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text steady with the relevant English text. Each birthday celebration acknowledges that it has read these Terms and is familiar with its content and that these Terms have been entered into freely and besides duress. You renowned that you absolutely understand the language and the content of these Terms, and you agree that you will now not use the provisions beneath Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing rules to invalidate these Terms. United Arab Emirates. If you are using our Services in the United Arab Emirates (“UAE”), the following additional phrases shall apply. In the event of any struggle between the following extra phrases and the provisions of the major physique of these Terms, the following terms shall prevail.
Accepting the Terms: By agreeing to these Terms and getting access to or the usage of our Services, you renowned that you have read and understood these Terms, the extra phrases herein and furnish your consent to be certain by means of these Terms, the Privacy Policy, the Community Guidelines and all different insurance policies or agreements referred to herein. Mexico. If you are using our Services in Mexico, the following additional phrases shall apply. In the match of any struggle between the following additional phrases and the provisions of the primary body of these Terms, the following phrases shall prevail.
If you are underneath age 18, you may additionally solely use the Services with the consent of your mother or father or prison guardian. Please be sure your mum or dad or criminal guardian has reviewed, discussed and agreed to these Terms, with you. Turkey. Contact our consultant in Turkey inside the scope of the Law No. 5651:
BackwoodBrince Turkey Dijital Medya ve Reklam Limited Şirketi
Esentepe Mah, Harman 1 Sok, No:7 Nidakule/Levent, 7. Kat, Daire No: 22-23-24, Şişli, İstanbul
Terms of Service (If you are a person having your typical residence in India)
Last updated: February 2020
General Terms
Your Relationship with Us Welcome to BackwoodBrince (the “Platform”), which is provided through Bytedance (India) Technology Private Limited. BackwoodBrince is our company for presenting and promotion the services. When the usage of these offerings from India, please therefore read “BackwoodBrince”, “we” or “us”.
You are reading these phrases of service (the “Terms”), which is an digital contract acknowledged beneath the provisions of the Information Technology Act of 2000 study along with its Rules, and thereby governs the relationship and serve as an settlement between you and us and set forth the phrases and conditions by using which you may additionally get admission to and use the Platform and our related websites, services, applications, merchandise and content material (collectively, the “Services”). Our Services are supplied for private, non-commercial use. For functions of these Terms, “you” and “your” capability you as the person of the Services.
The Terms structure a legally binding settlement between you and us, and hence, please take the time to examine them carefully. By the usage of our services, you country that:
(a) you are legally succesful of forming a binding contract;
(b) you are not a convicted intercourse offender;
(c) your account has no longer been beforehand disabled for breach of our Terms or Policies or Standards; and
(d) you will comply with these Terms and all relevant domestic and worldwide laws and regulations.
Accepting the Terms By getting access to or the use of our Services, you verify that you can structure a binding contract with BackwoodBrince, that you take delivery of these Terms and that you agree to comply with them. Your get right of entry to to and use of our Services is additionally situation to our Privacy Policy and Community Guidelines, the terms of which can be located directly on the Platform, or where the Platform is made available for download, on your mobile device’s relevant app store, and are included herein through reference. By the usage of the Services, you consent to the terms of the Privacy Policy.
If you get admission to or use the Services from inside a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental phrases applicable to customers in each jurisdiction as outlined below, and in the match of a battle between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you get admission to or use the Services, and the relaxation of these Terms, the applicable jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. If you do now not agree to these Terms, you need to now not get right of entry to or use our Services.
If you are gaining access to or the use of the Services on behalf of a enterprise or entity, then (a) “you” and “your” consists of you and that commercial enterprise or entity, (b) you signify and warrant that you are an approved representative of the commercial enterprise or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your get right of entry to or use of the Services as nicely as for the get right of entry to or use of your account through others affiliated with your entity, such as any employees, dealers or contractors.
You can take delivery of the Terms by way of having access to or the use of our Services. You recognize and agree that we will deal with your get right of entry to or use of the Services as acceptance of the Terms from that factor onwards.
You ought to print or save a nearby replica of the Terms for your records.
Changes to the Terms We amend these Terms from time to time, for occasion when we update the performance of our Services, when we combine multiple apps or services operated by us or our affiliates into a single blended service or app, or when there are regulatory changes. We will use commercially real looking efforts to usually notify all users of any material adjustments to these Terms, such as thru a note on our Platform, however, you seem to be at the Terms regularly to check for such changes. We will additionally update the “Last Updated” date at the pinnacle of these Terms, which mirror the advantageous date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do no longer agree to the new Terms, you need to stop getting access to or using the Services.
Your Account with Us To get right of entry to or use some of our Services, you need to create an account with us. When you create this account, you have to provide accurate and up-to-date information. It is necessary that you maintain and right now replace your small print and any other data you supply to us, to keep such data modern and complete.
It is important that you hold your account password exclusive and that you do no longer reveal it to any 1/3 party. If you know or suspect that any 1/3 birthday party is aware of your password or has accessed your account, you must notify us right away at: https://www.BackwoodBrince.com/legal/report/feedback.
You agree that you are entirely accountable (to us and to others) for the pastime that takes place underneath your account. When growing an account, you need to furnish accurate facts about your self and create solely one account for strictly private purposes.
We reserve the right to disable your user account, and put off or disable any content material you add or share, at any time, consisting of if you have failed to comply with any of the provisions of these Terms, or if activities manifest on your account which, in our sole discretion, would or might motive harm to or impair the Services or infringe or violate any third birthday celebration rights, or violate any relevant laws or regulations.
We take the safety of your privateness very seriously, and therefore we accord all statistics related to your account with the excessive standards of facts safety and security measures as mandated below the Information Technology Act 2000 and the regulations thereunder. Our cutting-edge Privacy Policy is on hand here.
If you no longer desire to use our Services again, and would like your account deleted, contact us at: https://www.BackwoodBrince.com/legal/report/feedback. We will grant you with similarly help and guide you through the process. Once you pick out to delete your account, you will now not be able to reactivate your account or retrieve any of the content material or records you have added.
Your Access to and Use of Our Services Your get admission to to and use of the Services is concern to these Terms and all relevant laws and regulations. You may also not:
access or use the Services if you are not fully able and legally capable to agree to these Terms; carry out any undertaking all through the get entry to or use of our Services which is unlawful, misleading, discriminatory or fraudulent in any way. make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content material included therein, together with any files, tables or documentation (or any portion thereof) or determine or try to decide any source code, algorithms, techniques or techniques embodied with the aid of the Services or any spinoff works thereof; distribute, license, transfer, or sell, in entire or in part, any of the Services or any derivative works thereof; market, rent or hire the Services for a charge or charge, or use the Services to advertise or function any business solicitation; use the Services, barring our specific written consent, for any industrial or unauthorized purpose, which include communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or try to intrude with the acceptable working of the Services, disrupt our internet site or any networks connected to the Services, or bypass any measures we may additionally use to forestall or avoid access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate debts or limit get admission to to the Services in our sole discretion; use computerized scripts to accumulate facts from or in any other case interact with the Services; impersonate any character or entity, or falsely country or otherwise misrepresent you or your affiliation with any man or woman or entity, such as giving the impression that any content you upload, post, transmit, distribute or in any other case make handy emanates from the Services; intimidate or harass another, or promote sexually specific material, violence or discrimination based totally on race, sex, religion, nationality, disability, sexual orientation or age; use or strive to use another’s account, carrier or system barring authorisation from BackwoodBrince, or create a false identity on the Services; use the Services in a manner that may also create a battle of hobby or undermine the functions of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of BackwoodBrince, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose BackwoodBrince, the Services or its users to any harm or liability of any type. In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
Intellectual Property Rights We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Further, all legal right, title, interest and intellectual property in the platform and the Services, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist), belong solely with BackwoodBrince, and nothing in these terms gives you the right to use any of BackwoodBrince’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner whatsoever without our express and prior written consent.
Content A. BackwoodBrince Content As between you and BackwoodBrince, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “BackwoodBrince Content”), are either owned or licensed by BackwoodBrince, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the BackwoodBrince Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, such as buying and selling opinions with other users or writing or soliciting pretend reviews; use the Services to upload, transmit, distribute, shop or in any other case make accessible in any way: files that incorporate viruses, trojans, worms, common sense bombs or other fabric that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any non-public records of any 1/3 party, along with addresses, telephone numbers, email addresses, range and characteristic in the non-public identification report (e.g., National Insurance numbers, passport numbers) or credit score card numbers; any material which does or may infringe any copyright, change mark or different mental property or privateness rights of any different person; any cloth which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any fabric that would constitute, encourage or supply directions for a crook offence, dangerous activities or self-harm; any cloth that is intentionally designed to provoke or antagonise people, mainly trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that carries a chance of any kind, inclusive of threats of bodily violence; any fabric that is racist or discriminatory, along with discrimination on the foundation of someone’s race, religion, age, gender, incapacity or sexuality; any answers, responses, comments, opinions, evaluation or suggestions that you are no longer excellent licensed or in any other case qualified to provide; or material that, in the sole judgment of BackwoodBrince, is objectionable or which restricts or inhibits any other person from the use of the Services, or which may additionally expose BackwoodBrince, the Services or its users to any harm or liability of any type. In addition to the above, your get admission to to and use of the Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and besides prior notice, to put off or disable get right of entry to to content material at our discretion for any reason or no reason. Some of the reasons we can also eliminate or disable get admission to to content might also encompass finding the content objectionable, in violation of these Terms or our Community Guidelines, or in any other case detrimental to the Services or our users. Our automated systems analyze your content material to furnish you for my part applicable product features, such as personalized search results, tailored advertising, and unsolicited mail and malware detection. This analysis takes place as the content is sent, received, and when it is stored.
Intellectual Property Rights We appreciate mental property rights and ask you to do the same. As a condition of your get entry to to and use of the Services, you agree now not to use the Services to infringe on any mental property rights. We reserve the right, with or barring notice, at any time and in our sole discretion to block get entry to to and/or terminate the debts of any person who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Further, all criminal right, title, pastime and intellectual property in the platform and the Services, (irrespective of whether or not those rights are registered or not, and anyplace in the world those rights may additionally exist), belong totally with BackwoodBrince, and nothing in these terms offers you the proper to use any of BackwoodBrince’s exchange names, trademarks, carrier marks, logos, domain names, and different distinctive company elements in any manner in anyway besides our categorical and prior written consent.
Content A. BackwoodBrince Content As between you and BackwoodBrince, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, provider marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “BackwoodBrince Content”), are either owned or licensed by using BackwoodBrince, it being understood that you or your licensors will own any User Content (as described below) you upload or transmit through the Services. Use of the BackwoodBrince Content or materials on the Services for any purpose not expressly approved by these Terms is strictly prohibited. Such content material may also not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose in any way besides our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You renowned and agree that we may additionally generate revenues, extend goodwill or otherwise make bigger our price from your use of the Services, including, by means of way of example and no longer limitation, thru the sale of advertising, sponsorships, promotions, utilization records and Gifts (defined in the Virtual Items Policy), and besides as mainly permitted by way of us in these Terms or in any other agreement you enter into with us, you will have no right to share in any such revenue, goodwill or cost whatsoever. You in addition acknowledge that, except as mainly accepted through us in these Terms or in some other agreement you enter into with us, you (i) have no right to acquire any earnings or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made handy to you on or through the Services, including in any User Content created with the aid of you, and (ii) are prohibited from exercising any rights to monetize or acquire consideration from any User Content inside the Services or on any third birthday party service ( e.g. , you can't claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, global license to get entry to and use the Services, along with to download the Platform on a accredited device, and to access the BackwoodBrince Content completely for your personal, non-commercial use via your use of the Services and totally in compliance with these Terms. BackwoodBrince reserves all rights now not expressly granted herein in the Services and the BackwoodBrince Content. You well known and agree that BackwoodBrince might also terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You renowned and agree that when you view content furnished by using others on the Services, you are doing so at your personal risk. The content material on our Services is supplied for typical information only. It is now not supposed to amount to advice on which you should rely. You must obtain professional or expert advice earlier than taking, or refraining from, any motion on the groundwork of the content on our Services.
We make no representations, warranties or guarantees, whether or not express or implied, that any BackwoodBrince Content (including User Content) is accurate, entire or up to date. Where our Services contain links to different websites and resources supplied by third parties, these hyperlinks are supplied for your statistics only. We have no control over the contents of these sites or resources. Such links ought to no longer be interpreted as approval by means of us of these linked web sites or statistics you may also acquire from them. You acknowledge that we have no responsibility to pre-screen, monitor, review, or edit any content posted by using you and different users on the Services (including User Content).
B. User-Generated Content Users of the Services may additionally be authorized to upload, submit or transmit (such as via a stream) or in any other case make handy content thru the Services including, besides limitation, any text, photographs, person videos, sound recordings and the musical works embodied therein, including videos that contain locally stored sound recordings from your private track library and ambient noise (“User Content”). Users of the Services may also also extract all or any component of User Content created with the aid of any other person to produce additional User Content, which includes collaborative User Content with different users, that combine and intersperse User Content generated by way of greater than one user. Users of the Services may also also overlay music, graphics, stickers, Virtual Items (as described and similarly explained in the “ Virtual Items Policy“) and different elements provided with the aid of BackwoodBrince (“BackwoodBrince Elements”) onto this User Content and transmit this User Content via the Services. The information and materials in the User Content, which include User Content that includes BackwoodBrince Elements, have no longer been demonstrated or accredited via us. The views expressed with the aid of other users on the Services (including thru use of the virtual gifts) do now not characterize our views or values.
Whenever you get admission to or use a feature that lets in you to add or transmit User Content through the Services (including by positive third birthday celebration social media systems such as Instagram, Facebook, YouTube, Twitter), or to make contact with different users of the Services, you must comply with the requirements set out at “Your Access to and Use of Our Services” above. You may additionally also select to upload or transmit your User Content, such as User Content that includes BackwoodBrince Elements, on web sites or structures hosted by way of third parties. If you decide to do this, you have to comply with their content material hints as well as with the standards set out at “Your Access to and Use of Our Services” above.
You warrant that any such contribution does comply with those standards, and you will be responsible to us and indemnify us for any breach of that warranty. This capacity you will be accountable for any loss or injury we suffer as a end result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not publish any User Content on or via the Services or transmit to us any User Content that you consider to be personal or proprietary. When you publish User Content via the Services, you agree and signify that you very own that User Content, or you have obtained all crucial permissions, clearances from, or are authorized by, the proprietor of any part of the content to post it to the Services, to transmit it from the Services to other third celebration platforms, and/or undertake any 1/3 celebration content.
If you only personal the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you should not publish such sound recordings to the Services except you have all permissions, clearances from, or are accepted by, the proprietor of any phase of the content to put up it to the Services
You or the proprietor of your User Content nonetheless own the copyright in User Content despatched to us, but with the aid of submitting User Content by means of the Services, you hereby supply us an unconditional irrevocable, non-exclusive, royalty-free, absolutely transferable, perpetual international licence to use, modify, adapt, reproduce, make derivative works of, submit and/or transmit, and/or distribute and to authorise different customers of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make by-product works of, post and/or transmit your User Content in any structure and on any platform, both now recognized or hereinafter invented.
You further grant us a royalty-free license to use your person name, image, voice, and likeness to perceive you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the previous paragraphs of this Section include, but are no longer limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and speak to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This capability that you are granting us the proper to use your User Content without the duty to pay royalties to any 0.33 party, including, but not restricted to, a sound recording copyright owner (e.g., a file label), a musical work copyright owner (e.g., a song publisher), a performing rights organisation (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or different royalty contributors concerned in the creation of User Content.
We do no longer endorse, support, represent or assurance the completeness, truthfulness, accuracy, or reliability of any User-Generated Content or advocate any opinions expressed thereof. You recognize that by the usage of the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mis-labeled or are in any other case deceptive. All Content is the sole accountability of the character who originated such Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you need to notify your PRO of the royalty-free license you provide thru these Terms in your User Content to us. You are completely accountable for ensuring your compliance with the applicable PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you should gain the consent of such tune writer to supply the royalty-free license(s) set forth in these Terms in your User Content or have such tune writer enter into these Terms with us. Just due to the fact you authored a musical work (e.g., wrote a song) does no longer mean you have the proper to provide us the licenses in these Terms. If you are a recording artist underneath contract with a record label, then you are solely responsible for making sure that your use of the Services is in compliance with any contractual tasks you may additionally have to your document label, which includes if you create any new recordings through the Services that may additionally be claimed by your label.
Through-To-The-Audience Rights. All of the rights you supply in your User Content in these Terms are supplied on a through-to-the-audience basis, which means the proprietors or operators of 1/3 birthday celebration services will no longer have any separate liability to you or any different third birthday celebration for User Content posted or used on such third celebration service through the Services.
Waiver of Rights to User Content. By posting User Content to or via the Services, you waive any rights to prior inspection or approval of any advertising or promotional substances associated to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a comparable nature in connection with your User Content, or any component thereof. To the extent any moral rights are no longer transferable or assignable, you hereby waive and agree never to assert any and all ethical rights, or to support, preserve or permit any motion based totally on any ethical rights that you may have in or with admire to any User Content you Post to or through the Services.
We also have the right to reveal your identification to any third birthday celebration who is claiming that any User Content posted or uploaded through you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or accredited 1/3 parties, reserve the proper to cut, crop, edit or refuse to publish, your content material at our or their sole discretion. We have the proper to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your submit does no longer comply with the content requirements set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from different users or 1/3 parties, with or without observe and except any liability to you. As a result, we advocate that you store copies of any User Content that you submit to the Services on your private device(s) in the event that you prefer to make sure that you have everlasting get admission to to copies of such User Content. We do no longer assurance the accuracy, integrity, appropriateness or quality of any User Content, and underneath no circumstances will we be in charge in any way for any User Content.
You control whether or not your User Content is made publicly available on the Services to all different users of the Services or only reachable to humans you approve. To restrict get entry to to your User Content, you should select the privacy setting reachable within the Platform.
We receive no liability in respect of any content material submitted by users and posted by means of us or with the aid of accepted 1/3 parties.
If you desire to file a criticism about facts or materials uploaded via other users, contact us at: https://www.BackwoodBrince.com/legal/report/feedback.
BackwoodBrince takes practical measures to expeditiously do away with from our Services any infringing cloth that we come to be aware of. It is BackwoodBrince’s policy, in suitable situations and at its discretion, to disable or terminate the debts of users of the Services who over and over infringe copyrights or mental property rights of others.
While our personal body of workers is always working to improve and consider our own product thoughts and features, we delight ourselves on paying shut interest to the interests, feedback, comments, and recommendations we receive from the user community. If you choose to contribute by using sending us or our personnel any thoughts for products, services, features, modifications, enhancements, content, refinements, technologies, content material choices (such as audio, visual, games, or other kinds of content), promotions, strategies, or product/feature names, or any associated documentation, artwork, pc code, diagrams, or other substances (collectively “Feedback”), then regardless of what your accompanying verbal exchange may additionally say, the following phrases will apply, so that future misunderstandings can be avoided. Accordingly, via sending Feedback to us, you agree that:
i. BackwoodBrince has no obligation to review, consider, or implement your Feedback, or to return to you all or phase of any Feedback for any reason;
ii. Feedback is furnished on a non-confidential basis, and we are no longer below any obligation to maintain any Feedback you ship personal or to refrain from the usage of or disclosing it in any way; and
iii. You irrevocably furnish us perpetual and limitless permission to reproduce, distribute, create by-product works of, modify, publicly operate (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any cause and besides restriction, free of cost and barring attribution of any kind, including via making, using, selling, presenting for sale, importing, and merchandising business products and services that contain or embody Feedback, whether or not in complete or in part, and whether as furnished or as modified.
Indemnity You agree to defend, indemnify, and preserve innocent BackwoodBrince, its parents, subsidiaries, and affiliates, and every of their respective officers, directors, employees, dealers and advisors from any and all claims, liabilities, costs, and expenses, including, however not constrained to, attorneys’ prices and expenses, springing up out of a breach by means of you or any person of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
LIMITATION OF LIABILITY NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
∙ (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO BackwoodBrince WITHIN THE LAST 12 MONTHS.
∙ ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; ANY ACTION OR CONDUCT OF ANOTHER USER; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Other Terms a. Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their situation be counted and their formation, are ruled via the legal guidelines of India. Any dispute arising out of or in connection with these Terms, which include any question regarding existence, validity or termination of these Terms, shall be referred to and ultimately resolved with the aid of arbitration as per the provisions of The Arbitration and Conciliation Act, 1996, and any amended to it from time to time. The venue of such arbitration shall be Delhi.
The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
b. Open Source. The Platform includes sure open supply software. Each item of open source software program is difficulty to its very own relevant license terms, which can be determined at Open Source Policy.
c. Entire Agreement. These Terms (including the Supplemental Terms below) represent the complete felony settlement between you and BackwoodBrince and govern your use of the Services and definitely change any prior agreements between you and BackwoodBrince in relation to the Services.
d. Links. You may hyperlink to our home page, furnished you do so in a way that is truthful and felony and does not damage our popularity or take benefit of it. You have to now not establish a hyperlink in such a way as to endorse any form of association, approval or endorsement on our section where none exists. You should now not set up a hyperlink to our Services in any internet site that is no longer owned by using you. The website in which you are linking have to comply in all respects with the content material requirements set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission except notice.
e. Age Limit. The Services are only for human beings thirteen years old and over (with additional limits that may additionally be set forth in the Supplemental Terms – Jurisdiction-Specific). By using the Services, you verify that you are over the relevant age specified herein. If we learn that anyone below the relevant age unique above is the use of the Services, we will terminate that user’s account.
f. No Waiver. Our failure to insist upon or put into effect any provision of these Terms shall no longer be construed as a waiver of any provision or right.
g. Security. We do now not warranty that our Services will be tightly closed or free from bugs or viruses. You are accountable for configuring your statistics technology, laptop programmes and platform to get right of entry to our Services. You must use your very own virus protection software.
h. Severability. If any court docket of law, having jurisdiction to determine on this matter, policies that any provision of these Terms is invalid, then that provision will be eliminated from the Terms barring affecting the relaxation of the Terms, and the last provisions of the Terms will continue to be legitimate and enforceable.
Grievance Officer for India
A compliant or other difficulty confronted by way of a consumer of our product may be submitted through electronic mail at the below address. The criticism must provide: (i) username of the applicable account holder (ii) particular content/video that is of difficulty and (iii) reason(s) for such a takedown request.
In accordance with Information Technology Act 2000 and policies made there under, the contact detail of the Grievance Officer is provided below:
Mr Anuj Bhatia
Email: grievance.officer@BackwoodBrince.com
Alternatively, you can additionally record content by using the use of the file content feature within the app on any offending content.
Supplemental Terms – Jurisdiction-Specific India. If you are the use of our Services in India, the following additional phrases apply. In the event of any combat between the following additional phrases and the provisions of the predominant physique of these Terms, the following terms shall prevail.
Accepting the Terms. By agreeing to these Terms and by getting access to or the usage of our Services, you well known that you have study and understood these Terms and supply your consent to be sure via these Terms and our Privacy Policy and Community Guidelines. Your get admission to to and use of our Services. You may also no longer use the Services to upload, transmit, distribute, shop or otherwise make reachable in any way (including for the functions of developing and/or streaming content) any User Content that: is obscene, pornographic, paedophilic; is relating to or encouraging cash laundering or gambling, or in any other case any undertaking that is illegal in any manner whatsoever; harms minors in any way; deceives or misleads the addressee about the foundation of such messages or communicates any statistics which is grossly offensive or menacing in nature; or threatens the unity, integrity, defence, safety or sovereignty of India, pleasant members of the family with overseas states, or public order or causes incitement to the fee of any cognisable offence or prevents investigation of any offence or is insulting any other nation. User–Generated Content. You hereby irrevocably waive any proper to raise any objection or other claim earlier than any authority together with any copyright board in relation to the rights granted and licensed to us beneath these Terms, along with any proper below the provisions of part 30A of the (Indian) Copyright Act, 1957 or different applicable law. The above waiver is granted through you in favour of BackwoodBrince and all of its group companies, affiliates and successors in title and interest, whether or not existing or in future. Indemnity. In the tournament you are required to indemnify us pursuant to these Terms or any order or ruling of a court docket of law, you will attain all quintessential approvals and has the same opinion from regulatory authorities for the remittance of such quantity to us.
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