(2) high play Service
high play gives you the opportunity to: (a) transmit (using the broadcast mobile apps and other applications), export and share your own live audio broadcasts to other users over the Internet; (b) make money when users pay to listen your own live audio broadcasts; (c) listen to and comment on other users’ broadcasts; (d) pay to listen other users’ broadcasts; and (e) see which other users are listening to the same broadcast as you and interact with them live; via the Site and via third party websites or applications (the “high play Service”). Parts of the high play Service may require registration.
(3) Licence to use website
Unless otherwise stated, the past, present and future content of the Site and broadcast mobile apps (including without limitation, software graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities; any and all copyright material (including source and object code); and all other materials related to the Site and broadcast mobile apps (the “Content”) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. high play (and/or our licensors) own the Content. Other than as expressly permitted in these Terms no rights (whether by implication, estoppel or otherwise) in or to the Content are granted to you.
Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to: use the Site and (subject to valid registration) the broadcast mobile apps and to view, download for caching purposes only, and print pages from the Site for your own personal use.
You must not:
(i) republish or re-transmit Content from the Site or broadcast mobile apps (including republication on another website);
(ii) sell, rent, lease or sub-license the Content;
(iii) show or perform any Content in public;
(iv) reproduce, duplicate, copy, create a derivative work or otherwise exploit the Content;
(v) edit, adapt, translate, reverse engine, hack or otherwise modify the Content or any part of the Site or broadcast mobile apps without our prior written authorization;
(vi) interfere with another user’s use and enjoyment of the Site and broadcast mobile apps or use the Site or broadcast mobile apps in any other manner that could damage, disable, overburden or impair the Site or broadcast mobile apps; or
(vii) redistribute material from the Site or broadcast mobile apps, except for Content specifically and expressly made available for redistribution (such as our newsletter).
(4) Registered users
Access to certain areas and services of the Site and high play Service (including access to and use of the broadcast mobile apps) is restricted to registered users.
You must be aged 12 or over to become a registered user and you warrant that you have the capacity to understand, agree and adhere to these Terms. Furthermore, if you are under the age of 18, you must ask a parent or guardian for permission before you register for the Site.
We may refuse to permit, or may insist that you change, any username that has already been taken by another registered user, impersonates another person or breaches the provisions of Section 7 below.
Registered users will have access to such additional features on the high play Service and Site as we may from time to time determine in our sole discretion. Such additional features may include:
(i) the facility to download and install the broadcast mobile apps and to broadcast and transmit your own programs featuring audio-based content;
(ii) the facility to share your live broadcasts links in Facebook and publish it to other third party services;
(iii) the facility to complete and publish your own personal profile on the Site and customize it with your own images and biography;
(iv) the facility to follow other registered users and to comment on their profile pages and broadcasts.
You can login to the Site using your existing Facebook account. high play will not provide you additional login information.You are solely responsible for all acts or omissions that occur under your registered account, including any User Content (as defined below) uploaded, broadcast or submitted using the high play Service. For this reason, registered users must keep their username and passwords confidential and secure at all times. You must not disclose your username and/or password or authorize another person to use your account. If you become aware or believe that your account has been used without your authorization then you must notify us immediately. We shall then take any steps we deem appropriate to deal with this actual or perceived user account security breach.
high play may in its sole discretion and without notice disable and delete accounts, and delete any information associated with an account.
(5) User generated content
“User Content” means material (including without limitation text, images, audio material, sound recordings (including all underlying musical composition and lyrics), broadcasts, video material, audio-visual material and any underlying material) that you upload, broadcast, share or submit using the high play Service for whatever purpose. If you upload, broadcast, share or submit any User Content using the high play Service via the broadcast mobile apps or otherwise you must comply with the User Content standards set out below.
You shall remain the owner of the copyright in any original User Content that you upload, broadcast, share or submit using the high play Service. The permission you grant to us below is not exclusive. You may continue to use the User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms. By uploading, broadcasting, sharing or submitting any User Content using the high play Service via the broadcast mobile apps or otherwise and in consideration of us making available to you the opportunity to upload, broadcast, share or submit the User Content using the high play Service (which you acknowledge as a sufficient benefit to you), you grant to us a worldwide, irrevocable, unconditional, non-exclusive, royalty-free licence (including the right to sub-license or assign) of the entire right and interest in and to such User Content so that high play and any successor may, subject to these Terms, exploit the User Content in any way relating to or in connection with the provision of the high play Service. This licence simply allows us to provide the high play Service to you. Once again, you shall continue to own your User Content.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
You warrant to high play that:
(i) the User Content is your own original work and you own the entire right, title and interest in and to the User Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorize us to use the User Content in the manner contemplated by these Terms;
(ii) no further payments, monies, fees or royalties are or shall be due to any third parties relating to, arising out of, or in connection with the exploitation of the User Content via the high play Service;
(iii) any User Content you upload, broadcast, share or submit using the high play Service complies with the User Content standards set out below; and
(iv) your broadcasts and any User Content contained therein (in whole or in part) do not defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties. When you upload, broadcast, share or submit User Content using the high play Service via the broadcast mobile apps or otherwise you may be making the User Content available to the general public. This means that both non-registered and registered users may be able to view, listen to and access the User Content. Please do not upload or broadcast User Content if you do not want it to be available to the general public.
We have the right but not the obligation to, at our sole discretion and without notice, remove any User Content that you upload, broadcast, share or submit using the high play Service. Notwithstanding the foregoing, we do not have any obligation to check the accuracy or truthfulness of the User Content, nor to review or monitor such User Content, broadcasts or users’ use of the Site, the high play Service or broadcast mobile apps.
(6) User Content Standards
The User Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the Internet.
You must not:
(i) upload, broadcast, share or submit User Content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, depicting violence (in a explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of racial, religious hatred or discrimination legislation;
(ii) use the Site, high play Service or broadcast mobile apps for any illegal or unlawful purpose. You must comply with these Terms at all times and with all applicable laws and regulations;
(iii) upload, broadcast, share or submit any User Content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
(iv) upload, broadcast, share or submit User Content that is or may be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law) or be in breach of any contractual obligation owed to any person or be in contempt of any court;
(v) upload, broadcast, share or submit any User Content which is capable of being construed as negligent advice or which consists of or contains any negligent statement or any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(vi) access or use the broadcast mobile apps, the high play Service, the Site or its content for any commercial or similar purpose;
(vii) upload, broadcast, share or submit any third party content without that third party’s prior written consent, or User Content that falsely expresses or implies that high play or the Site sponsor or endorse such User Content;
(viii) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other user in connection with the User Content or in connection with your use of the Site or the high play Service unless you have obtained the express, prior written permission of such other person, firm or enterprise to do so;
(ix) impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity for the purpose of misleading others as to your identity, or to collect information about other users.
(x) conduct forward promotions, chain letters, surveys, contests, or pyramid selling schemes;
(xi) use another users’ personal data for any purpose other than making contact with them, and it is reasonably expected that this contact will be welcomed by such other users;
(xii) upload, broadcast, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(xiii) alter, adapt, modify, copy or create a derivative work from Content;
(xiv) modify, adapt, translate, reverse engine, hack or use any other means to retrieve or index any part of the Site or broadcast mobile apps unless you have prior written consent from high play;
(xv) submit any material or do anything that results in the transmission of junk email, duplicate or unsolicited messages, chain letters, “spamming” or “phishing”;
(xvi) incorporate any advertising, or conduct any other paid sponsorship or promotional activities of any kind, in or in connection with the User Content and broadcasts; or
(xvii) interfere with another user’s use and enjoyment of the Site and high play Service or use the Site and high play Service in any other manner that could damage, disable, over burden or impair the Site or high play Service. We reserve the right to edit or remove any material and User Content uploaded, broadcast, shared or submitted using the high play Service, for any reason whatsoever.
Notwithstanding our rights under these Terms in relation to User Content, we do not undertake to monitor the submission, publication or broadcasting of such content via the high play Service.
Comments, reviews and/or feedback (“Comments”) relating to you, may be published on the Site. Such Comments may be critical or defamatory. We are not liable in respect of any Comments irrespective of whether we are aware or ought to have been aware of such Comments. Notwithstanding the foregoing, you can report any abuse or complain about any Comments, User Content or other Content on the Site by using the [Report Abuse] function on the Site or sending an email to support@high play.com outlining the abuse and or complaint.
(9) Accessing the Site
We reserve the right to, at our sole discretion, withdraw, amend, modify or vary the services provided on the Site without notice. We will not be held liable if, for any reason, the Site or the high play Service is unavailable at any time or for any period. We may at our sole discretion, and without notice, restrict access for a period of time to all or part of the Site or high play Service.
You are responsible for making all necessary arrangements to ensure you can access the Site. We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing the Site through mobile services or any similar service currently known or developed in the future. We shall not under any circumstances be liable for any hardware or software such as soundcards and audio interfaces or for any charges in respect of wireless, Internet and/or mobile service providers or any other similar charges and fees.
We maintain, control and operate the Site from the France and we do not represent that any of the Content is appropriate or available for use in other territories. If you access the Site from outside the France you are solely responsible for compliance with all applicable local laws and regulations.
(10) Disclaimer of warranties and limitation of liability
You use the Site, high play Service and broadcast mobile apps at you own risk. The Site, high play Service and broadcast mobile apps are provided “as is” and on an “as available” basis. The Content displayed on the Site and broadcast mobile apps is provided without any warranties as to its completeness or accuracy.
To the fullest extent permitted by law, high play (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of the Site, high play Service or broadcast mobile apps, including, without limitation, any liability for:
(i) loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
(ii) wasted management or office time; and
(iii) any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.
high play is not responsible for any damage to any user’s computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Furthermore, we expressly disclaim any and all responsibility and liability for the conduct of any user of the Site, high play Service and broadcast mobile apps and for any User Content uploaded or broadcast by users.
You hereby indemnify us and undertake to keep us fully and effectively indemnified from and against any and all third party claims, losses, damages (actual or consequential), actions, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us as a result of, in connection with or arising out of: (a) any breach of warranty, representation or covenant made by you; (b) any infringement of intellectual property rights of any third party in connection with your use of the Site, high play Service or broadcast mobile apps; or (c) your use of the Site, high play Service or broadcast mobile apps other than in accordance with these Terms or any breach of any applicable law or regulation (“Claim”).
You shall co-operate fully and reasonably as required by us in the defense of any Claim. Notwithstanding the foregoing, high play retains the exclusive right and without your prior consent to settle, compromise and pay any and all Claims or causes of action which are brought against us and in no event shall you settle any such action or Claim with our prior written approval.
(13) Copyright infringement
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content infringes your copyright, you must provide us with a written notice which states:
(i) that you are the rights owner or are authorized to act on the rights owner’s behalf;
(ii) that you have identified User Content on the Site which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the User Content in the manner complained of is not authorized by you, the rights owner’s agent or by law;
(iii) a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
(iv) a description of the way in which the copyright material has been infringed;
(v) information reasonably sufficient to permit us to locate the User Content in question on the Site (including a URL specifying the date the Site was accessed and/or a screen shot);
(vi) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details we also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
(vii) your electronic or physical signature (which may be a scanned copy); and
(viii) that the information in the notification is true and accurate.
Completed notices should be sent at email@example.com
This ‘notice and takedown’ procedure is regulated by statute. There may be negative consequences if you falsely allege User Content is infringing copyright or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the User Content, or whether there has been an infringement of your rights.
If you believe that we have removed User Content in error, you may send us a written counter-notice which states:
(i) details of the User Content that has been removed or to which access has been disabled;
(ii) information reasonably sufficient to permit us to know where the material in question had been located on the Site (including a URL and/or screen shot);
(iii) a statement that you believe in good faith that the material that you have identified has been removed by mistake and your reasons for believing this;
(iv) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and
(v) a statement that you agree to be contacted by the person (or an authorized representative of such person) who gave us the notice in the first place.
Completed counter-notices should then be sent to firstname.lastname@example.org with the subject line ‘Copyright counter-notice’.
We have a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer is a user who has submitted two or more items of User Content for which high play receives a copyright infringement notice in accordance with this section. If your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a user breaching this section. high play has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.
We reserve the right at our sole discretion, at any time without liability and with or without prior notice to you:
(i) to bring court proceedings against you for breach of contract or otherwise;
(ii) not to post any User Content on to the Site;
(iii) to remove, suspend or disable access to any User Content;
(iv) to suspend or revoke your account registration (where applicable) and your right to access and/or use the Site or high play Service; and
(v) to make use of any operational, technological, legal, or other means available to enforce these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
Notwithstanding the above, we will try to warn users that their access to the Site and/or their user account may be suspended or terminated.
You can terminate your account at any time by sending an email request to support@high play.com. This will remove your profile and other personal information from view and prevent you from accessing the Site and the high play Service as a registered user. Once your registration is terminated high play has the right but not the obligation to delete your account and any related User Content that you have uploaded, broadcast, shared or submitted using the high play Service.
User Content that you have uploaded, broadcast, shared or submitted using the high play Service may still appear on the Site even after your registration has terminated. Pursuant to the licence granted at Section 6, high play shall have the right to use the User Content anywhere on the Site as we, in our sole discretion choose.
(15) Third party websites
The Site includes hyperlinks to other websites owned and operated by third parties (“Third Party Sites”). These links are provided to you for your information only.
You may provide a link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on high play part where none exists. The site from which you are linking must comply in all respects with the User Content standards in these Terms.
You must not frame any portion or pages of the Site on any other site. high play reserves the right to withdraw linking permission without notice.
(16) Trade marks
high-play.com and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on the Site and broadcast mobile apps are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
A failure or delay by us in exercising any right, power or privilege under these Terms shall not operate as a waiver of such right or acceptance of any variation of these Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
We may sub-contract, assign or otherwise transfer our rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not sub-contract assign or otherwise transfer your rights and/or obligations under these Terms.
If, for any reason, a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, it shall be severed and deleted from these Terms and the other provisions will survive and continue in to be binding and enforceable.
(21) Exclusion of third party rights
These Terms are for the benefit of you and us, and are not intended to benefit or be enforceable by any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
(22) Entire agreement
(23) Law and jurisdiction
(25) Our details
The Site is owned and operated by high play sas.
We are registered in France at Marseille under registration number RCS 843 123 126 00016.
You can contact us here:
high play sas
16 impasse de la fougasse
Published at January 2019