These terms and conditions (“Terms”) govern (i) your use of the ‘Welcome to the DCC Remix Tool’ end user application (the “Tool”) accessible via the website https://vybez.nbthieves.com/ (the “Website”) which is made available by Vybez Inc. (“Company”, “we” or “us”) on behalf of Sony Music Entertainment UK Limited (“Sony”); and (ii) the relationship between you and us and Sony; and serves as an agreement between you and Company and Sony. The Tool, Website and any content, features and functionality offered on or through the Tool and/or Website are collectively referred to as the “Services”. For the sake of clarity, these Terms do not cover any other Company or Sony service or application.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. Eligibility
To use the Services, you must be at least 13 years old. Minors who are at least 13 years old but under the age of majority in their jurisdiction can only access the Services if their parent or guardian accepts these Terms on their behalf before they use the Services. Individuals under the age of 13 are prohibited from using the Services. By using the Services, you confirm that you meet these criteria.
3. Privacy Policy
The information you provide and which is gathered when you use the Services (including without limitation all information regarding your use of the Services) will be used in accordance with (i) Sony’s published privacy & cookie policy updated from time to time, which you should read in advance at https://tools.sonymusiccreative.com/privacy/ and (ii) Company’s published privacy policy and cookie policy updated from time to time, which you should read in advance at https://privacy.vybez.xyz/ and https://cookies.vybez.xyz/.
4. Rights and Restrictions
We and Sony allow you to use the Services exclusively for personal, non-commercial purposes, provided you adhere to these Terms in respect of all uses thereof. You are hereby granted a personal, non-transferable, non-sublicensable, non-assignable, revocable and non-exclusive right and license to access the Services using compatible equipment (including software and content provided within the Services). This licence is solely to enable your use of the Tool and Website in accordance with these Terms.
Your access and use of the Services may experience intermittent interruptions for reasons such as updates, maintenance, or Service-related actions, in each case at the discretion of the Company or Sony.
Restrictions on your use of the Services:
- You are prohibited from downloading, modifying, copying, distributing, transmitting, displaying, performing, reproducing, duplicating, publishing, licensing, creating derivative works, or offering for sale any information obtained from the Services, except as expressly permitted within these Terms or by explicit invitation within the Services.
- You may not duplicate, decompile, reverse engineer, disassemble, or decode the Services or any part thereof, or attempt such actions.
- Removal or reproduction of any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed through the Services is prohibited.
- The use of cheats, automation software, hacks, modifications, or any unauthorized third-party software to alter the Services is prohibited.
- Exploitation of the Services for commercial purposes, including the communication or facilitation of commercial advertisements or solicitations, is prohibited.
- You may not engage in any activity that could disable, overburden, damage, disrupt, or impair the Services or interfere with other parties' access or use.
- Unauthorized access to, interference with, damage to, or disruption of the Services, accounts of other users, or connected computer systems or networks is prohibited.
- Circumvention, removal, alteration, deactivation, degradation, or thwarting of any technological measure or content protections of the Services is prohibited.
- Usage of any robot, spider, crawlers, scraper, or other automatic device to access, extract, copy, or collect information from the Services is prohibited.
- Introducing malicious materials such as viruses, trojan horses, worms, logic bombs, or other harmful elements into our systems is prohibited.
- Posting, transmitting, displaying, or storing any inaccurate, unlawful, defamatory, obscene, lewd, infringing, excessively violent, pornographic, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel, deceptive, or otherwise objectionable content through the Services is prohibited.
- Violation of any applicable law or regulation in connection with your access or use of the Services is prohibited.
- Using any content accessible via the Services for training, testing, or validation purposes in connection with any artificial intelligence technologies or to create, develop, modify, or improve any such technology is prohibited.
- Accessing or using the Services in any manner not expressly permitted by these Terms is prohibited.
Use of the Services (Tool and Website).
You are responsible for providing the necessary mobile device, wireless service plan, software, internet connections, or other equipment or services needed to use the Tool and Website. The Company does not (and Sony does not) guarantee access or usage of the Tool or Website on any particular device or with any specific service plan. Availability of the Tool and Website may vary by geographic location. You may receive various types of messages directly related to the Tool as part of the Services, including push notifications, text messages, or emails. You acknowledge that your wireless service provider may charge you fees for such messages. You have control over the settings for these messages and can opt in or out as desired. You are solely responsible for any fees incurred for downloading, installing, or using the Services on your mobile device, including fees for push messages from the Company or Sony.
5. Ownership and Content
The Services, including without limitation their text, graphics, images, logos, proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You acknowledge that the Company and/or its licensors (which shall be deemed to include, for the purposes herein, Sony) possess all rights, titles, and interests in and to the Services (including all intellectual property rights therein), and you agree not to take any actions inconsistent with such rights, titles and interests. We, Sony and each of our licensors retain all rights concerning the Services and its content (excluding Your Content, subject to Sony’s rights in any Generated Content and the licences to us and Sony of Your Content herein), including the exclusive right to produce derivative works.
Each of the Company's and Sony’s names, logos, and trademarks, along with all related names, logos, product and service names, designs, and slogans, are trademarks owned by the Company or Sony, each of its affiliates, or licensors. Any other names, logos, product and service names, designs, and slogans appearing on the Services belong to their respective owners, who may or may not be associated with, connected to, or sponsored by us or Sony.
We appreciate feedback, comments, and suggestions for enhancing the Services ("Feedback"). You acknowledge and agree that contributing Feedback does not grant you any right, title, or interest in the Services or in such Feedback. All Feedback becomes the exclusive property of the Company and Sony, which may utilize and disclose Feedback in any manner and for any purpose without further notice or compensation to you. You hereby assign to the Company and Sony all right, title, and interest in and to any Feedback.
6. Rights Assignment and License
When you use the Services, you may be able to (i) upload and/or otherwise use content chosen and provided by you (which, for the avoidance of doubt, is not provided by Company or its licensors) which may be made available through the Services ("Your Content"); and/or (ii) generate or create new content (whether or not based on Your Content) (such content excluding the original Your Content, "Generated Content"), in each case using the Services' tools and functionality. Sony and/or its licensors own all rights to the Generated Content and grant you a limited, non-exclusive license to use such Generated Content for personal, non-commercial purposes only and otherwise in accordance with the terms herein. You agree to and hereby irrevocably assign all rights in and to the Generated Content to Sony and waive any and all rights you may have in relation to any Generated Content. Sony reserves the right to obtain, hold, and renew all applicable intellectual property rights protections for the Generated Content.
By using the Service and uploading or submitting Your Content, you grant (i) us, Sony, our licensors, subcontractors, and affiliates a license to access, use, host, store, reproduce, transmit, display, publish, distribute, and modify Your Content (i) to operate and provide the Services; and (ii) Sony, its licensors, subcontractors, and affiliates a license to access, use, host, store, reproduce, transmit, display, publish, distribute, and modify Your Content for use (including without limitation publish or otherwise make accessible) in any manner, in whole or in part, individually or in combination (e.g. with sound and/or audio recordings and/or together with other images and/or media), in all known forms of media and types of use and all unknown media and types of use, commercially or non-commercially for any purpose, in particular for advertising, promotion, sales and merchandising purposes, especially for the artists and products of Sony or its affiliates, in each case free of charge and at their own discretion. You also waive any and all rights you may have in relation to any such use of Your Content. These rights and licenses in respect of Your Content and Generated Content are royalty-free, transferable, sub-licensable, worldwide, and irrevocable, and include a right for Sony and Company to make Your Content and Generated Content available to, and pass these rights along to, others. You also permit access to or disclosure of Your Content to third parties as necessary to comply with legal obligations. By uploading or otherwise submitting Your Content through the Services, you represent and warrant that you have all necessary rights, licenses, consents, permissions, power, and authority necessary to grant the rights granted herein for Your Content, including without limitation in relation to its use and integration with Generated Content. You agree that Your Content and Generated Content will not contain (i) material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license and rights above; or/and (ii) Objectionable Content.
You agree that Generated Content, copies, or derivative works shall not be uploaded to third-party websites or distributed on third-party services, except as facilitated by the Service. You also agree not to remove or modify any metadata, tags, or other information or aspects in/of Generated Content. We and Sony reserve the right to remove, screen, edit, or delete any Generated Content at any time for any reason, without notice.
7. Third Party Services and Materials.
Certain Services may feature, incorporate, or offer content, data, information, applications, or materials from third parties ("Third Party Materials") or provide links to specific third-party websites. By utilizing the Services, you acknowledge and agree that the Company and Sony are not, and any of their licensors, subcontractors, or affiliates are not, accountable for examining or assessing the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. We and Sony do not guarantee or endorse, and we and Sony disclaim any liability or responsibility to you or any other individual for any third-party services, Third Party Materials, or third-party websites, or for any other materials, products, or services provided by third parties. Third Party Materials and links to other websites are provided solely for your convenience.
8. Disclaimers
You use the Services at your own risk. You acknowledge and consent that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without constraining the foregoing, to the fullest extent permitted under applicable law, (i) the Company, its parent companies, affiliates, related entities, officers, directors, employees, agents, representatives, partners, and licensors (collectively referred to as the "Company Entities") and (ii) Sony, its parent companies, affiliates, related entities, officers, directors, employees, agents, representatives, partners, and licensors (collectively referred to as the "Sony Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WIYTHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Company Entities and Sony Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm resulting from your access to or use of the Services; (iii) the operation or compatibility with any other application or any particular system or device; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (v) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities, Sony Entities or through the Services, will create any warranty or representation not expressly stated herein.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE COMPANY ENTITIES AND SONY ENTITIES BEAR NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, FOR WHICH THE COMPANY ENTITIES AND SONY ENTITIES WILL NOT BE HELD RESPONSIBLE.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES NOR SONY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES OR SONY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ AND SONY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification
By using the Services and thereby agreeing to these Terms, you commit to defending, indemnifying, and absolving the Company Entities and Sony Entities from any and all claims, expenses, damages, losses, liabilities, and costs (including legal fees and expenses) incurred by the Company Entities or/and Sony Entities due to: (a) your breach of any provision of these Terms or any applicable law or regulation; (b) your infringement of any third-party rights; (c) your improper use of the Services; (d) Your Content; (e) your engagement with Generated Content; or (f) your negligence or wilful misconduct. If you are required to indemnify any Company Entity or/and Sony Entity, you agree that: (i) in the case of a requirement to indemnify a Company Entity, Company (or, at its discretion, the relevant Company Entity) holds the right, at its sole discretion, to oversee any legal action or proceeding and to determine whether to pursue settlement, and if so, under what conditions; (ii) in the case of a requirement to indemnify a Sony Entity, Sony (or, at its discretion, the relevant Sony Entity) holds the right, at its sole discretion, to oversee any legal action or proceeding and to determine whether to pursue settlement, and if so, under what conditions; and (iii) in the case of a requirement to indemnify a Company Entity and Sony Entity, Sony (or, at its discretion, the relevant Sony Entity) holds the right, at its sole discretion, to oversee any legal action or proceeding and to determine whether to pursue settlement, and if so, under what conditions. You further agree to fully cooperate with Sony or/and Company (as applicable) in the defense or settlement of such claims.
11. Additional Provisions
Modification of the Terms: We and Sony reserve the right to update or modify these Terms at any time at our discretion. Any changes will be reflected in the "Last Revised" date at the top of these Terms. In the event of material changes, we will make reasonable efforts to notify you, such as through email or a notice on the initial page of the Website. However, it is your responsibility to review these Terms periodically for any updates. The revised Terms will be effective upon posting, or as otherwise specified in the updated Terms. Your continued use of the Services after the modifications signify your acceptance of the revised Terms.
Termination of Licenses and Rights: If you breach any provision of these Terms, all licenses and rights granted or otherwise made available by Company or/and Sony will automatically and immediately terminate. Company and Sony also reserve the right to suspend, disable, or delete Your Content, Generated Content, and/or your access to the Services (or any part thereof) with or without notice, for any reason. If your access to the Services is restricted due to a suspected breach of these Terms, you are prohibited from re-accessing the Services under a different name. Sections that are intended to survive termination will remain in full force and effect. Termination does not affect any of the Company's or Sony’s other rights or remedies under law or equity.
Injunctive Relief: You acknowledge that a breach of these Terms would cause irreparable harm to the Company or/and Sony, for which monetary damages may not be sufficient. Therefore, the Company or/and Sony are entitled to seek equitable relief in addition to any other available remedies, without the need for a bond, other security, or proof of damages.
For California Residents: If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Miscellaneous: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. These Terms and the licenses granted herein may be assigned by the Company or Sony at its discretion but may not be assigned by you without the Company's and Sony’s prior written consent. No waiver by any party hereto of any breach or default shall be deemed a waiver of any subsequent breach or default. The section headings are for reference purposes only and have no legal effect. The Services are operated by us in the United Kingdom. Users accessing the Services from locations outside the United Kingdom are responsible for compliance with local laws. These Terms and your use of the Tool and Services are governed by the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the Courts of England.