1. Terms Of Use
1.1 These Terms Of Use set out the terms upon which you may access and use the Splash Music skill available on Alexa (“Splash Music”). These Terms Of Use constitute a binding agreement between you and Popgun Labs Pty Ltd ABN 19 616 888 674 (“Popgun Labs”, “we”, “us”, “our”).
1.2 By accessing and/or using Splash Music you agree to the terms of these Terms Of Use and our Privacy Policy. You should review these Terms Of Use and our Privacy Policy carefully and immediately cease using Splash Music if you do not agree to them.
1.3 These Terms Of Use may be amended by us from time to time. We will use reasonable efforts to ensure that any changes to these Terms Of Use are made available to you not less than 24 hours prior to taking effect. Your continued use of Splash Music following the date such amended terms take effect will be deemed to be acceptance of any amended terms.
2. Intellectual property rights
2.1 We own or license from third parties all rights, title and interest including copyright, designs, patents, trademarks and other intellectual property rights (“IP Rights”) in Splash Music and in all of the material (including all text, graphics, logos, sound recordings, musical works and other copyright works) made available in Splash Music (“Content”).
2.2 Splash Music is an AI-powered song generator which lets users create instantaneous, original songs. Users can submit a verbal music prompt (“Music Prompt”) which will be input into an AI algorithm selected by us to create a 10-15 musical backing track. You may also submit a verbal lyric prompt (“Lyric Prompt”) which will be input into an AI algorithm selected by us to compose lyrics to match the backing track from the Music Prompt, and into our proprietary AI vocal model to generate matching audio. The final output is a sound recording of a song, with or without lyrics (“Recording”), which can be further customized using the functionality available in Splash Music. Music Prompts and Lyric Prompts are referred to in these Terms Of Use as “Song Prompts”.
2.3 Splash Music includes functionality which allows you to do the following with Recordings created by Splash Music:
(a) replay Recordings;
(b) download or listen to Recordings from a url sent to your device. You may use the url in order to share the Recordings with other people, including via social media.
2.4 We grant you a licence to use Recordings for any commercial or non-commercial purpose, on a royalty-free basis, provided that:
(a) your use of Splash Music and the Recordings does not transfer to you ownership of any IP Rights in Splash Music, the Recordings or the Content;
(b) we may, by notice to you at any time, limit your use of the Recordings or require you to cease using them (and delete any copies of them) if we form the view that your use of the Recordings would infringe the rights of any third party, including Open AI; and
(c) we may terminate your license to use the Recordings if you breach these Terms Of Use.
2.5 You grant us a royalty free, irrevocable licence to reproduce, communicate and otherwise use and exploit any Song Prompts submitted by you, to the extent required for us to operate Splash Music and to provide the functionality referred to in clause 2.3.
2.6 You agree that we may store Recordings, and Song Prompts provided by you, indefinitely (but may delete them from our storage at any time in our discretion) and may use them for our internal purposes in connection with the development and improvement of Splash Music and our other products and services. You grant us a licence of all rights which are necessary for us to store and use any Song Prompts provided by you in accordance with this clause, and warrant that such storage and use will not infringe the infringe the copyright or other rights of any third party.
3. Prohibited Activity / Objectionable Content
3.1 You must not:
(a) use Splash Music in a manner inconsistent with any applicable laws, statutes, and regulations, or inconsistent with the licence terms and conditions which apply to any third party software;
(b) use Splash Music in connection with any criminal or tortious activity or the infringement of intellectual property rights;
(c) sub-license, sell, lend or lease any part of Splash Music;
(d) reverse engineer, decompile, disassemble, or attempt to obtain the source code of, Splash Music;
(e) delete, circumvent or alter any legal notices, rights management information or technological protection measures within Splash Music;
(f) engage in any malicious activity in connection with Splash Music, or any activity which may overload or harm our servers or other infrastructure;
(g) engage in data harvesting or any similar activity in connection with Splash Music;
(h) engage in any activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;
(i) interfere with the use of Splash Music by others, including but not limited to interfering with the computer systems which support Splash Music, overloading a service, engaging in a denial-of-service attack, or attempting to disable a host;
(j) use Splash Music or its output to create, train or modify any product or service which is similar to or competitive with Splash Music, and/or which is an artificial intelligence product or service;
(k) engage in any activity, or take any action, which may interfere with, or detrimentally affect, the ability of other other users of Splash Music, to use and/or enjoy the functionality or features of Splash Music;
(l) use Splash Music as part of conducting any business which we deem to be directly or indirectly competitive with our business; or
(m) permit, encourage or assist any other person to do any of the above.
(“Prohibited Activity”).
3.2 You must not submit any Song Prompts which:
(a) contain content which is defamatory, harmful, libellous, contemptuous, obscene, pornographic, hateful, indecent or racially, culturally or ethnically or otherwise objectionable;
(b) violate or infringe the rights (including rights of privacy, publicity, copyrights, trade mark rights and contract rights) of any other person or party or infringe any law;
(c) promote, incite or instruct in criminal activity or violence, or in conduct that may give rise to civil liability;
(d) advocate the doing of a terrorist act;
(e) contain gratuitous, exploitative or offensive descriptions of violence, or which provide explicit or graphic descriptions of sexual acts or fetishes;
(f) contain or promote information that you know is false, misleading or deceptive;
(g) refer to any illegal services or the sale of any items which are prohibited or restricted by any law; or
(h) constitute or promote copyright infringement;
(“Objectionable Content”).
3.3 We may suspend or terminate your use of Splash Music if:
(a) we reasonably believe that you have engaged in Prohibited Activity or the use of Objectionable Content, or have breached these Terms Of Use;
(b) you do not co-operate with any reasonable investigation by us of any suspected breach of these Terms Of Use; or
(c) we are required by a regulatory body, or by law, to suspend or terminate use of Splash Music.
3.4 You must co-operate with us in relation to any reasonable investigation by us of technical problems or security problems in connection with Splash Music, or any suspected breach of these Terms Of Use.
4. In-Skill Purchases
4.1 Splash Music is free to download and use, however we may offer in-Skill purchases which you can elect to purchase, on terms we will publish within Splash Music.
5. Set-Up
5.1 To use Splash Music you must log into your registered Alexa account and enable the Splash Music skill via the Alexa App.
6. Third Party Services
6.1 Splash Music may contain links or references to internet sites operated by third parties. These third party sites are not under our control and we are not responsible for the content of these sites. We make no representations or warranties and accept no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. When you access such third party sites you do so at your own risk.
7. Indemnity
7.1 You indemnify us, our related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:
(a) any breach or alleged breach by you of any of your warranties or obligations in these Terms Of Use;
(b) your use of Splash Music; or
(c) any violation by you of any law or the rights of any third party, or any law.
8. Limitation of Liability
8.1 Nothing in these Terms Of Use excludes, restricts, or modifies any rights that you have under the Competition and Consumer Act 2010 (Cth).
8.2 To the maximum extent permitted by law (but subject to clause 8.1):
(a) we make no warranties of any kind, express or implied, about Splash Music, including but not limited to any warranties:
(i) about the accuracy and reliability of any material contained in Splash Music;
(ii) that Splash Music will meet your requirements or achieve any particular result;
(ii) that your access to or use of Splash Music will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired;
b) we are not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of Splash Music; and
(c) we are not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet.
8.3 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense, or any loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a your use of Splash Music, or as a result of the inaccessibility of Splash Music and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
8.4 To the extent that we have any liability to you, our total aggregate liability to you in connection with any breach of These Terms Of Use by us will be limited at our sole discretion to:
(a) the resupply of Splash Music to you; or
(b) the payment of the cost of having Splash Music supplied to you again.
9. Entire agreement
9.1 These Terms Of Use, and the terms of any other notices or instructions given to you under these Terms Of Use supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the use of Splash Music and the other matters dealt with in these Terms Of Use.
10. No Assignment
10.1 You may not assign or transfer any rights under these Terms Of Use to any third party without our prior written consent.
11. Severability
11.1 If any part or provision of these Terms Of Use is invalid, unenforceable, or in conflict with any law, that part or provision is excised from these Terms Of Use and the remainder of these Terms Of Use will be unaffected.
12. Interpretation
12.1 In these Terms Of Use:
(a) a reference to natural person includes a corporation, partnership, government body or any other legal entity;
(b) words and expressions not otherwise defined and which are defined in the Copyright Act 1968 (Cth) will have the same meaning given to them in that Act; and
(c) “including” and similar expressions are not words of limitation.
13. Jurisdiction and governing law
13.1 Your use of Splash Music and These Terms Of Use are governed by the law of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
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