End-User License Agreement (If you are a user having your residence in the EEA, Switzerland and the United Kingdom)
1. Explanation of our use and business relationship
The Services are provided by the company that provides the Services in your region (“Soulside”, “we” or “us”):
- Persons resident in the European Economic Area (“EEA”): The Services are provided by Selfbeat GmbH, a company affiliated with the
- Place of business Auguststraße 28, 10117 Berlin and the HRB 635755 in Berlin, Germany
2. Description of the services
The services and the platform are only intended for persons who are at least 13 years old.
You may use the Services and the Platform via the mobile applications of Soulside (“App”). Not all services or features may be available in your country or region. Different versions of the Services may have different features available. Certain features may not be available to users under a certain age.
The Services allow you to create, publish and share (the “Sharing”) 3D Spaces with content created by other users. They also allow you to interact with these 3D Spaces and with other users.
Create and share 3D Spaces
- You can create 3D Spaces or import them into the services
- You can edit 3D Spaces of other users and enrich them with additional elements, but only if the creator of the 3D Space in question allows the use of his content for these purposes. As long as you allow the use of your Content for these purposes, other users may use your Content in their own 3D Spaces.
- You may publish 3D Spaces within the Services so that other users can view your 3D Spaces. The 3D Spaces that you publish as public are available within the app for other users to view.
- You can enter a description, tags and various privacy settings, such as making the 3D Space public or keeping it private, when publishing a 3D Space.
- You can also set a profile picture in your public user profile as well as a username that you can create yourself.
View 3D Spaces
You can view 3D Spaces of other users of the services. In particular:
- You can view 3D Spaces that others have shared as public or 3D Spaces of users that you follow through the bookmarking function.
- Soulside provides you with an individual “Bookmarks” page. There you can see recommendations for 3D Spaces that have been selected by the services based on which users or 3D Spaces you have bookmarked and therefore might be interesting for you.
- The service also offers other ways to find content you can view, such as a list of other users’ 3D Spaces in their profile, a search function and a category selection.
Interaction with other users
- Follow “Bookmark”: You can follow other users.
- Collaborate “Tweaks”: you can place content in the 3D Spaces of other users, it will appear when the other users share it.
Restrictions of the services:
We strive to provide the Service without significant interruptions and to continuously improve it. However, the Service may be unavailable in whole or in part for certain periods of time due to planned or unplanned downtime, maintenance or technical problems.
Your access to and use of the Services is also subject to our Platform Guidelines. You can find the applicable terms and conditions directly on the Platform or, if the Platform is made available via download, on the applicable App Store for your mobile device. These additional guidelines and policies are incorporated into this legally binding agreement between you and us by reference.
If you are accessing or using the Services on behalf of any business or entity, the following applies: (a) the terms “you” and “your” include you and that company or entity; (b) you must be an authorized representative of the company or entity authorized to bind the organization to these Terms and agree to these Terms on behalf of the organization; and (c) your company or entity is legally and financially responsible for your access to and use of the Services, as well as for access to or use of your account by others associated with your organization. This includes, without limitation, employees, agents or subcontractors.
5. Your account with us
We reserve the right to suspend or terminate your user account temporarily or permanently or to limit or restrict your access to parts or all of the Services. We are not obliged to give prior notice of any such action. This right applies to the suspension and/or termination with or without cause. Possible reasons include but are not limited to
- There is activity under your account that, in our sole discretion, causes or may cause damage to us or our Services or interferes with or is likely to interfere with us or our Services or infringes or may infringe the rights of any third party (including intellectual property rights)
- To comply with any relevant request from law enforcement or other governmental authorities under any applicable legal process;
- Unexpected technical or security problems have occurred; or
- There is no activity on your account for long periods of time.
If we permanently suspend or terminate your account, we will notify you in advance so that you have sufficient time to access and store your information and content. However, this does not apply if we have reason to believe that continued access to your user account would cause harm to us or our services or would violate a request from law enforcement or other governmental authorities or applicable laws or regulations or the rights of third parties.
Subject to any legal rights you may have, in the event of temporary or permanent suspension or termination of your account, access to your user name, password and any related information, as well as any Content associated with your account, may also be suspended or terminated. Because we cannot guarantee the continued availability of your Content, you should make back-up copies of all Content that is important to you.
If you no longer wish to use our services, you can request the deletion of your account by sending us a deletion notice via email to firstname.lastname@example.org. We will be happy to provide further assistance and guide you through the process of deleting your account.
Please note: if you decide to delete your account, it cannot be reactivated to retrieve content or information you have stored there.
7. Your use of the Services
- copy, modify, adapt, translate, reverse engineer, disassemble, decompile or create derivative works from the Services, including any files, tables or documentation (or any part thereof), or determine or attempt to determine the source code, algorithms, methods or techniques embedded in the Platform, or create derivative works from the Services, unless we have given our prior express consent to such activities;
- distribute, license, transmit or sell the Services or any derivative works based thereon in whole or in part;
- market, rent or lease the Services for a fee or use the Platform to advertise or post commercial offers, unless we have expressly given our prior consent to such activities;
- use the Services for commercial or unauthorised purposes, including communicating or facilitating advertising or solicitation or spamming, without our express written consent;
- interfere or attempt to interfere with the proper working of the Services or disrupt the Platform, our website or other networks connected to the Services, or circumvent measures that we may use to prevent or restrict access to the Services
- integrate the Platform or any part thereof into another program or product. In such a case, we reserve the right to deny the Services, terminate accounts or restrict access to the Services at our discretion;
- use automated systems or software to extract data from the Services for commercial purposes. This applies regardless of whether or not these systems or software programs are operated by third parties;
- pretend to be another person or entity, or falsely state or otherwise misrepresent yourself or your relationship with another person or entity. This includes creating the impression that any Content that you upload, post, transmit, distribute or otherwise make available is derived from the Services;
- intimidate or harass others or promote sexually explicit materials, 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 authorization from Soulside, or create a false identity within the Services
- use the Services in a manner that may cause a conflict of interest for you or us or otherwise undermine the purposes for which the Services are intended. Examples include exchanging reviews with other users or creating or requesting reviews that are intended to promote products or services;
- use the Services to upload, transmit, distribute, store or otherwise make available, whether intentionally, recklessly or negligently, the following:
- Materials that violate applicable laws or infringe the rights of others;
- Computer viruses, Trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
- unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other prohibited forms of solicitation;
- material that infringes or may infringe or may infringe another person’s copyright, trademark or other intellectual property rights;
- Materials that violate the privacy or personal rights of another person or a deceased person;
- material that defames a person or is obscene, offensive, pornographic, hateful or inflammatory;
- Material that constitutes, promotes or provides instructions for criminal offences, dangerous activities or self-harming behaviour;
- Materials that are designed to provoke or annoy people, including but not limited to “trolling” or bullying, or that are intended to harass, harm, injure, frighten, harass, embarrass or upset people;
- Materials that contain a threat of any kind, including threats of physical violence;
- racist or discriminatory material, including discrimination on the basis of race, religion, age, gender, disability or sexuality;
- answers, reactions, comments, opinions, analyses or recommendations for which you are not properly licensed or otherwise qualified;
- Materials that in our sole discretion are offensive or which may restrict or inhibit any other person from using the Services or which may expose Soulside, the Services or users to any harm or liability of any kind.
8. Intellectual property rights
We expect you to respect the rights of others and not violate them. As a condition of your access to and use of the Services, you agree not to infringe the intellectual property rights of others when using the Services. An example of this is, among other things, that you agree not to upload unauthorized content to the Services that is the property of another person.
- (i) You are not entitled to any revenue or other compensation from the User Content (as defined below) or from your use of any musical works, sound recordings or audiovisual clips made available to you within or through the Services. This also includes User Content created by you;
- (ii) You are prohibited from exercising any rights to monetize User Content within our Services or the Services of third parties (including, without limitation, YouTube, Facebook, Instagram or other social media platforms) or to obtain any consideration for doing so. This applies to the extent that User Content has been edited or otherwise modified in any way within the Services, including the use of Soulside Elements (as defined below).
- You are not granted any kind of rights to use any music that we provide through the Services
- You view the content provided by others within the services at your own risk. The content of our services is provided solely for general information and entertainment.
- We make no representations or warranties, express or implied, that the Soulside Content (including the User Content) is accurate, complete or current, and make no warranties of any kind. Where the Services contain links to other websites and resources provided by third parties, these links are provided for your information only. We are not aware of and have no control over the content available on or through these websites and resources. You hereby acknowledge and agree that we have no liability whatsoever with respect to such content. The use of these links should not be construed as an endorsement of the linked websites or the information you may obtain on or through them. We have no obligation to review, monitor, post-publish or edit any Content (including User Content) posted by you or any other user of the Platform prior to posting.
Content created by our users:
- Users of the services may be permitted to upload, publish or transmit content via the services (e.g. via a stream) or otherwise make it available This includes in particular texts, photos, videos, sound recordings and the musical works contained therein, which are uploaded into the Services or otherwise made available via the Services (“User Content”). You acknowledge and agree that users of the Services may extract, in whole or in part, User Content uploaded or otherwise made available by you through the Services in order to create new User Content. This includes User Content created by the collaboration of multiple users, combining and merging User Content created by you and other users.
- Users of the Services may also embed music, graphics, stickers, virtual items and other elements provided by Soulside (“Soulside Elements”) into User Content and transmit such User Content through the Services. We have not reviewed or approved the information and materials in the User Content. This also applies to User Content that contains Soulside Elements. The views expressed by other users of the Services do not reflect our views or values.
- If you access or use features that allow you to upload or transmit User Content through the Services or to contact other users of the Services, you must comply with the standards described in Section 7 above. This also applies to uploading or transmission via certain third-party social media platforms such as Instagram, Facebook, YouTube. You may also decide to upload or transmit your User Content, including that containing soul side elements, to websites or platforms hosted by third parties. You represent and warrant that such submissions comply with these standards. You will be liable to us for any breach of this representation and will indemnify us in this respect. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this representation.
- All User Content will be considered non-confidential. You may not post or transmit to us any User Content on the Services or through the Services that you consider confidential or proprietary to others. If you submit User Content through the Services, you agree and represent that you are the owner of such User Content or that you have received or have been authorized by the owner to receive all necessary consents or releases from the owner to upload such User Content to the Services, to transmit it from the Services to third party platforms and/or to use such User Content within the Services or otherwise through the Services.
- If you only own the rights to a sound recording, but not to the underlying musical work contained therein, you may not upload or otherwise make available such sound recordings through the Services. You may not do so unless you have all the permissions or releases from the owner to transmit the Content to the Services or have been authorized by the owner to do so.
- (i)Grant us and our affiliates or agents, service providers, partners and other related third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sublicense), perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, publish and/or transmit and/or distribute your User Content and to authorise other users of the Services and third parties to view, access, use, download, modify, adapt, reproduce, create derivative works from, publish and/or transmit such User Content, in all formats and on all platforms, whether already known or later developed;
- (ii) Grant other users of the Services an unconditional, irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, download, publish and/or transmit and/or distribute all or any portion of Your User Content, in all formats and on all platforms, whether now known or hereafter developed, for the purpose of creating User Content or viewing Your User Content for entertainment or other personal, non-commercial purposes.
- You further grant us and our affiliates, agents, service providers, partners and other related third parties a royalty-free license to use your username, image, voice and likeness to identify you as the source of your User Content.
- The rights granted in the preceding paragraphs of this clause include, in particular, the rights to reproduce sound recordings and to publicly perform and communicate these sound recordings to the public, in each case on a royalty-free basis. This means that you grant us the right to use your User Content without any obligation to pay royalties to you or any third party. Such third parties include, but are not limited to, the copyright owner of the sound recording, the copyright owner of the musical work, a performing rights organization (e.g. ASCAP, BMI, SESAC, etc.) (a “collecting society”), a sound recording collecting society (e.g. SoundExchange), trade unions or guilds, and technicians, producers or other parties who may have been involved in the creation of User Content.
Continuation of rights up to the audience
Waiver of rights to user content
By posting User Content within or through the Services, you waive all rights to pre-screen and approve any marketing or promotional materials relating to such User Content. You further waive (to the extent permitted by law) all rights to privacy, personal rights or other rights of a similar nature in connection with your User Content or any part thereof. You hereby waive (to the fullest extent permitted by law) any moral rights you may have in or relating to any User Content that you upload or otherwise make available through the Services. You agree never to assert, support, assert or permit any such moral rights or to support, assert or permit any claim relating to such moral rights.
You acknowledge and agree that, under certain circumstances, we may also have the right to disclose your identity to third parties who claim that User Content posted or uploaded by you on our Services infringes their intellectual property rights or right to privacy.
You determine whether your User Content is made publicly available to all other users of the Services through the Services or only available to certain persons you have designated. You may change the default setting that determines how your User Content is made available to other users. To do so, navigate within the Services to the Privacy Settings and follow the simple and clearly explained steps described there.
We are not liable for any content or information submitted by users of the Services and published by us or on our behalf within the Services or elsewhere by third parties.
If you have any complaints about information or materials uploaded by other users, or if there are other matters you would like to raise with us, please email us at email@example.com.
10. Release from liability
11. Exclusion of warranty
(I)Rights that cannot be contractually modified or waived and (II)Rights to which you, as a consumer, are always entitled in all circumstances.
Our services are provided to you in their present form. We make no representations or warranties with respect thereto. In particular, we do not represent or warrant to you that:
- Your use of the services will meet your requirements,
- Your use
Your use of the services will meet their requirements;
your use of the Services will be trouble-free, timely, secure or error-free;
The information obtained through your “use of the Services will be accurate or reliable or error-free and;
Any defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
To the extent permitted by law:
12. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO THE FIRST PARAGRAPH OF THIS CLAUSE 12, WE SHALL NOT BE LIABLE TO YOU FOR ANY LIABILITIES, LOSSES, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS), COSTS CLAIMS OR DAMAGES INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT, STATUTE OR OTHERWISE YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISEMENT OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISEMENT IS DISPLAYED WITHIN THE SERVICES; ANY CHANGES WE MAKE TO THE SERVICES OR THE PERMANENT OR TEMPORARY SUSPENSION OF THE PROVISION OF THE SERVICES (OR ANY FEATURES OF THE SERVICES); DELETION, DAMAGE OR FAILURE TO STORE CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SERVICES; FAILURE BY YOU TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR FAILURE BY YOU TO KEEP YOUR PASSWORD OR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL.
YOU ARE RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE DEVICES OR COMPUTERS INCURRED THROUGH YOUR USE OF OUR SERVICES. TO PREVENT DAMAGE TO ANY DEVICE WE RECOMMEND ONLY USING THE Platform FOR ONE (1) HOUR PER DAY.
THESE LIMITATIONS OF OUR LIABILITY APPLY REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES OCCURRING OR SHOULD HAVE BEEN AWARE OF SUCH POSSIBILITY.
YOU ARE RESPONSIBLE FOR ALL WIRELESS CHARGES INCURRED THROUGH YOUR USE OF OUR SERVICES, INCLUDING CHARGES FOR SMS MESSAGES AND DATA STREAMS. IF YOU ARE UNSURE OF THE SPECIFIC CHARGES THAT MAY APPLY, YOU MUST CHECK WITH YOUR MOBILE SERVICE PROVIDER BEFORE USING THE SERVICES.
13. Other provisions
Applicable law and place of jurisdiction for persons resident in the EEA
Alternatively, you may submit the dispute to an alternative dispute resolution body. This is done via the EU Commission’s online dispute resolution platform (OS Platform).
- Open Source The apps contain certain open source software. This open source software is subject to its own applicable license terms. You can find these in our Open Source Directive.
- Security You are solely responsible for configuring your information technology, computer programs and your own platform so that you can access our platform. You should use your own virus protection software.
Last updated: 15.11.2020