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Terms of Services
Last Changes to Terms of Service: _________
FYRE IS NOT AFFILIATED WITH [INSTAGRAM, FACEBOOK, YOUTUBE OR ANY OF THEIR THIRD-PARTY PARTNERS] IN ANY WAY. IT IS YOUR SOLE RESPONSIBILITY TO COMPLY WITH THEIR RULES AND ANY LEGISLATION THAT YOU ARE SUBJECT TO. YOU USE THE APP AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR YOUR ACTIONS AND THEIR CONSEQUENCES. WE ARE NOT TO BLAME IF YOUR ACCOUNT IS BANNED FOR ANY REASON.
THIS APP INCLUDES OPPORTUNITIES FOR YOU TO BE PAID FOR POSTING ON YOUR SOCIAL CHANNELS. YOU UNDERSTAND THAT THIS MAKES YOU SUBJECT TO THE FTC GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING AND WILL REQUIRE YOU TO MAKE CERTAIN DISCLOSURES. OUR GUIDELINES GOVERNING INFLUENCE MARKETING AND PAID POSTS ARE LINKED HERE.
YOU MUST BE THIRTEEN YEARS OF AGE OR OLDER TO REGISTER AND USE THE APP. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO CONTRIBUTE USER SUBMISSIONS TO THE APP. FYRE WILL DELETE ANY USER SUBMISSIONS WHERE IT DISCOVERS THE CONTRIBUTOR IS UNDER 18 YEARS OF AGE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. PLEASE TAKE A FEW MINUTES TO REVIEW THE SECTION [INSERT LINK].
This is a legal agreement between you ("you" or "user") and Fyre that states the material terms and conditions that govern your use of the App. This agreement, together with all updates, supplements, additional terms, and all of Fyre’s rules and policies collectively constitute this "Agreement" between you and Fyre. BY ACCESSING THE APP, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THIS APP AND DELETE THE APP FROM YOUR DEVICE.
You are responsible for all internet access, mobile data or other charges incurred when using the App. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.
1. Apple Disclaimer. The following paragraph applies to any version of the App that you acquire from the Apple App Store. This Agreement is entered into between You and Fyre. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the App. Fyre, not Apple, is solely responsible for the App and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S Government list of prohibited or restricted parties. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
2. Access License. Fyre grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the App or its content. This license does not include any resale or commercial use of the App or its contents for any reason; any collection and use of any music listings, descriptions, or catalogs; any derivative use of the App of their contents; any downloading or copying of account information for the benefit of another merchant or publisher; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the App and/or any portion of the App may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Fyre’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Some features may not be available on all devices.
3. Copyright and Ownership. All of the content featured or displayed on the App, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Fyre, its licensors, vendors, agents and/or its Content providers. All elements of the App, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The App may only be used for the intended purpose for which such App is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the App. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the App. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the App. The App, its Content and all related rights shall remain the exclusive property of Fyre or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the App.
4. Trademarks/No Endorsement. All trademarks, service marks and trade names of Fyre used herein (including but not limited to: Fyre name, Fyre corporate logo, the App name, the App design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Fyre or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Fyre trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the App, without Fyre's prior written consent. You shall not use Fyre’s name or any language, pictures or symbols which could, in Fyre’s judgment, imply Fyre’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5. Account Registration and Security. You understand that you will need to create an account to have access to all of the parts of the App. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the App's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fyre has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fyre has the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the App using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the App. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
6. Solicited Submission Policy. Where Fyre has specifically invited or requested submissions or comments, Fyre encourages you to submit content (e.g. reviews of songs, participation in communities, tips, etc.) to Fyre that they have created for consideration in connection with the Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, you expressly grant Fyre a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Fyre shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
8. Inappropriate Material. You are prohibited from using the App to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the App is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Terms of Service, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using the App and/or the immediate removal of the related materials from the App at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the App for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the App; or (iii) bypass any measures we may use to prevent or restrict access to the App.
11. User Published Content. User published Content and User Submissions do not represent the views of Fyre or any individual associated with Fyre, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Fyre’s endorsement of user published Content. Fyre does not vouch for the accuracy or credibility of any user published Content on our App or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the App and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our App and Services, you assume all associated risks.
12. Advertising Rights. Fyre reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the App, and Fyre and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates or may be deemed to obligate Fyre to sell, license or offer to sell or license any advertising, promotion or distribution rights.
13. Third Party Links. From time to time, the App may contain links to websites that are not owned, operated or controlled by Fyre or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the App. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this App, you do so entirely at your own risk.
14. Transactional Partners. In some cases we partner with another Fyre to co-promote their services within our App. In these cases, you are transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by Fyre Terms of Service. When there is a conflict between these Terms of Service and the partner’s terms of service, their terms of service will prevail.
15. Fees. For all charges or deposits for any events, products and services ordered by you on or through the App, Fyre or its vendors or agents will bill your bank card or alternative payment method offered by Fyre and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Fyre and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the App. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
16. Promotional Codes. On occasion, Fyre may issue promotion codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item. Multiple promotional codes may not be combined. Fyre is not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
17. Payments. Fyre will pay you for each __________ in accordance with the then current rates posted by Fyre ________ (“Contribution Fee”). Fyre will pay you your Contribution Fee within sixty (60) days following the last day of each calendar month. You will cooperate with Fyre to facilitate the payment of your Contribution Fee, including without limitation, completing a W-9 or other appropriate form. Each party will be responsible for any and all expenses incurred in its performance of its obligations or taxes assessed against its portion of the revenue or income generated pursuant to this Agreement. Payment of the Contribution Fee includes all agent and union fees, if any, that would be due for your participation under this Agreement. Any payments made to you will be subject to such deductions as may be required by law, and you will be fully responsible for the payment of any and all withholding tax requirements, workers’ compensation or any other payroll withholdings required by federal, state or local laws.
18. Eligibility to Subscribe to Services. You may subscribe to the Services offered on this App in any location worldwide. Fyre makes no promise, however, that the Services available on the App are appropriate or available for use in locations outside the United States (“Territory”), and accessing the App from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by the United States State Department or other U.S. government entity. If You choose to access the App from locations outside the Territory, You do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to Services you subscribe to through this App.
19. Termination. You or we may suspend or terminate your account or your use of this App at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our App in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
20. Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the App is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of this agreement. In addition, you represent and warrant that your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant Fyre all of the rights granted herein; and (b) Fyre’s use of your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including without limitation rights of publicity and privacy, and defamation. Furthermore, You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
21. DISCLAIMERS. YOUR USE OF THE APP IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APP ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FYRE, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE APP. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APP MAY BE OUT OF DATE, AND NEITHER FYRE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FYRE OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
22. LIMITATIONS OF LIABILITY. FYRE DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS APP, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS APP. IN NO EVENT WILL FYRE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE APP, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE APP OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP. IN NO EVENT SHALL FYRE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON THE APP.
23. Indemnity. You agree to defend, indemnify and hold Fyre and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the App or your placement or transmission of any User Submission or other content, message or information on this App by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Fyre, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the App with your unique username, password or other appropriate security code.
24. Release. In the event that you have a dispute with one or more other users of the App, you release Fyre (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
25. Force Majeure. Neither Fyre nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
27. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Fyre agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the App, (ii) any purchases or other transactions or relationships with Fyre, or (iii) any data or information you may provide to Fyre or that Fyre may gather in connection with such use, interaction or transaction (collectively, “Fyre Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the App, or engaging in any other Fyre Transactions or Relationships with us, you agree to binding arbitration as provided below.
You further agree that:
(a) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(b) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Fyre; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
(c) Governing Law. The Arbitrator (i) shall apply internal laws of the State of ______ consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with _____ or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(d) No Class Relief. The Arbitration can resolve only your and/or Fyre’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(e) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(f) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Fyre will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(g) Reasonable Attorney’s Fees. In the event you recover an Award greater than Fyre’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Fyre’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Fyre shall in all events bear its own attorneys’ fees;
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Fyre shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
(i) Modification of Arbitration Clause With Notice. Fyre may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Fyre has given notice of such modifications and only on a prospective basis for claims arising from Fyre Transactions and Relationships occurring after the effective date of such notification; and
(j) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Fyre in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
28. General. Any claim relating to, and the use of, this App and the materials contained herein is governed by the laws of the State of ______________. You consent to the exclusive jurisdiction of the state and federal courts located in ___________ County, ___________. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our App, and operation of the App may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Fyre in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.
29. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the App, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the App. Fyre has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the App. Fyre has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Fyre or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the App infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is copyrightagent@__________.com.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the App that you claim is infringing, with enough detail so that we may locate it on the App;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our Apps, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
30. Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact us by email at ________@__________.com.
31. Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2020, Fyre Entertainment, LLC and its related companies or its licensors. ALL RIGHTS RESERVED.
Additional Terms for Performers
In addition to the terms listed above, the following additional terms apply to users of the App who are performers.
1. Fees. Fyre will charge you in accordance with the then current rate card published ________ or order form entered into between the parties. For all charges or deposits for any User Submissions uploaded by you on or through the App, Fyre or its vendors or agents will bill your bank card or alternative payment method offered by Fyre and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Organization and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the App. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
2. Reports and Analytics. Fyre will provide you with certain reports and analytics with respect to your User Submissions which may be accessed on a dashboard made available to you on the App.
3. Additional Representations and Warranties. In connection with User Submissions, you affirm, represent and warrant the following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the App and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of this agreement; (iv) You are not, and have not been an agent of Fyre and were not and are not acting on behalf of, or as a representative of, Fyre or any other party in connection with the User Submission; (v) the User Submission and Fyre’s use thereof as contemplated by this Agreement and Fyre App will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vi) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Fyre or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
Visiting our site or using our services from outside the United States
What Information About Me Is Collected and Stored?
We collect two basic types of information from you in conjunction with your use of the Apps, personal information and non-personal information. Personal information is information that you supply to us, as described more fully below, i.e., when you use our Services, obtain a subscription, complete a survey, register for the services on the Apps, upload content, participate in a community, or provide your e-mail address. Personal information is any information that can individually identify you and includes, among other things, your name, e-mail address, telephone number, postal address, credit card, billing and contact information. Non-personal information includes information that does not personally identify you, but it may include tracking and usage information about your location, demographics, use of the Apps and the Internet.
There are a number of circumstances in which you may supply us or our agents with your personal information. The following lists the most common ways in which we may collect your personal information.
● Registration for an account on the Apps
● Registration of your users and employees for an account on the Apps
● Registration for an event sponsored by Company Profile information that You provide for Your user profile or the user profile of any of your users or employees
● Identifying your location
● Uploading content to the Apps
● Participation in surveys
● Signing up to receive alerts or other information via email, text or instant message from Company Requests for customer service, support requests or other assistance
● Apps related communications, e.g. account verification; technical notification
● Communicating within the Apps
● Participation in communities, commenting on status updates and participation in other forums
● Submission of content or other data and information on any part of the Apps that permits it
● Any other place on the Apps where you knowingly volunteer personal information
In addition, when you interact with the Apps, we may collect certain information that does not identify you individually and our servers may automatically keep an activity log of your use of our Apps (“Non-Personal Information”). Generally, we collect and store the following categories of Non-Personal Information:
● Non-identifiable demographic data such as age, gender, and five digit zip code as part of collecting personal information Device information about your computer, browser, mobile device, or other device that you use to access the Apps.
● This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information.
● Analytics and usage information about your use of the Apps.
● Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring addresses.
● Other information regarding your use of the Apps.
Collection of Your Source IP Address/Location Information
We will collect and store information about your location on the Apps and associate these locations with your account on the Apps or enable through the Apps or your device. We will not collect any location information that you do not volunteer or enable. We will delete any location information that you request is deleted. We do collect and store your device’s source IP address which may disclose the location of your device at the time you access the Apps.
We use both “session” cookies and “persistent” cookies.
We do not use flash cookies, web storage, web beacons or other technology that tracks your browsing history across multiple Apps.
Third-party ad serving companies and other unaffiliated advertisers also display advertisements on our Apps. As part of their service, they may place a separate cookie on your computer or utilize other data collection and tracking technologies, to collect information such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and whether you responded to a particular advertisement. For a listing of the third party companies we may allow to place cookies to serve ads on the Apps, click _____. We do not control these third parties’ tracking technologies, how they may be used, or the information they may collect and we are not responsible for the privacy policies or the content of those third parties. Please visit the Apps of those businesses at the links above to review their privacy policies. We may add or change the list of third party ad servers from time to time and we encourage you to check this section for changes. You can learn more about about online advertising at www.aboutads.info/consumers.
Similarly, you can learn about your options to opt-out of mobile tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:
Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Apps or on other Apps, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.
How Do We Use Your Information?
We use the information we learn from you to help us personalize and continually improve your experience on the Apps. We may use your Personal and Non-Personal Information in the following ways:
● To upload your content to our Apps as you request To permit you to update, edit, and manage your content on our Apps
To facilitate your communication with other users of the App
● To authenticate your and your users and employees’ accounts
To communicate with you about your account or transactions with us (including service related announcements) and send you information about features and enhancements on our Apps
● To communicate with you about changes to our policies
● To personalize content and experiences on our Apps, including providing you reports, recommendations and feedback based on your preferences
● To disclose anonymized Personal Information to disclose statistics and analytics and other details regarding the use of our Apps.
● To optimize or improve our products, services and operations To automatically update the Apps on your device
● To detect, investigate, and prevent activities that may violate our policies or be illegal
● To perform statistical, demographic, and marketing analyses of users of the Apps
Use of Your Location Information
Specifically, we use your location information to:
● Personalize content on our Apps, including providing you reports, recommendations and feedback based on your preferences
● To facilitate live-time location and communication between users of the Apps
● Optimize or improve our products, services and operations
● Detect, investigate, and prevent activities that may violate our policies or be illegal
● Perform statistical, demographic, and marketing analyses of users of the Apps and their purchasing patterns
Who Do We Provide Your Information To?
Business Partners and Third Parties
We may share your Personal Information with our other business partners from time to time. You may withdraw your consent to our sharing of your Personal Information with business partners and third parties at any time by following the opt-out process described below.
We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Apps.
We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Apps; (b) protect and defend our rights or property, the Apps or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Apps or the public. This includes exchanging information with other companies and organizations for fraud protection.
What Steps Are Taken To Keep Personal Information Secure?
We are concerned about ensuring the security of your Personal Information. We exercise great care in providing secure transmission of your information from your device to our servers. Personal Information collected by our Apps are stored in secure operating environments that are not available to the public. Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you. Please understand, however, that while we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
How Can We Transfer Your Personal Information?
How Long Do We Keep Your Information?
Following termination or deactivation of your account, Company, its Clients, Affiliates, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes. If you have any questions about termination or deactivation of your account, please contact us directly at privacy@________.com.
What Happens When I Link To or From Another Site?
Changes to This Policy
Information for Users in Europe and Elsewhere Outside The U.S.
If you use our Apps outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. If applicable, you may have a right to claim compensation for damages caused by a breach of relevant data protection laws.
Additional Information for Users in the European Union (EEA) and Switzerland
If you are a resident of the EEA or Switzerland, the following information applies.
Purposes of processing and legal basis for processing
As explained above, we process personal data in various ways depending upon your use of our Apps and Services. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the
Apps and Services where those interests do not override your fundamental rights and freedom related to data privacy.
Right to lodge a complaint
Users that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. Upon the start of enforcement of the General Data Protection Regulation (GDPR), we will ensure that transfers of personal information to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.
If you are a resident of the EEA or Switzerland, you are entitled to the following rights once the GDPR becomes effective:
● The right to request data erasure – you have the right to have your data erased from our Apps if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
● The right to restrict or object to our processing – you have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
● The right to object to automated decision making – you have a right to avoid being subject to automated decision making and insist on human intervention if we make an automated decision that produces a legal or a similarly significant effect on you.
What Are Your Choices and How Do You Opt-Out?
We believe you should have choices about the collection, use and sharing of your information. Although you cannot opt-out of all data collection when you visit our Apps, you can limit the collection, use and sharing of your personally identifiable information.
Collection of Personal Information. All personally identifiable information is provided on a voluntary basis. If you do not want Company to collect such information, you should not submit it to the Apps. However, doing so will restrict your ability to access some content and use some of the functionality of the Apps.
Emails and Other Communications. If you would like to alter the type of communications you receive from us, including opting out of promotional communications from us, you may do so at any time by updating the communication preferences specified in your account profile through the Apps. Please note that this may affect your ability to access certain products and services, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by following the opt-out instructions in the email invitation.
Please note that while you may opt out of online behavioral advertising and other targeted advertising served by participating companies through Apps you may still see other types of advertising on the Apps, it just may not be as relevant or targeted to your interests.
Accessing and Correcting Your Information. If you have an account with Company, you may review and change your information by logging into your account and editing your profile. Be advised that we may not be able to delete your Personal Information without also deleting your user account. You will not be permitted to examine the Personal Information of any other person or entity and may be required to provide us with Personal Information to verify your identity prior to accessing any records containing information about you. We may not accommodate a request to change or delete Personal Information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.
Your California Privacy Rights.
Shine the Light. California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt-in to, or opt-out of, this type of sharing.
We do not share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please email us at privacy@________.com contact us at __________ or send us a letter to ____________________. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through the provided email address, 800 number or mail address.
California Residents under 18. Any California residents under the age of eighteen (18) who have posted content or information on the Services, can request that such information be removed from the Services by sending an e-mail to us here. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
Special Information for California Residents. The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as rights to access and control Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.
To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
Right to Information Regarding the Categories of Personal Information Collected, Sold, and Disclosed. You have the right to receive information regarding the categories of Personal Information we collected, sold, and disclosed. This information is provided below in our Notice of California Consumer Data Collection and Sharing Practices.
Right to Access Information You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we are required to verify your identify before we can act on your request.
Right to Request Deletion of Information. You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers’ Personal Information, we are required to verify your identify before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Right to Information Regarding Participation in Data Sharing for Financial Incentives. You have the right to be free from discrimination based on your exercise of your CCPA rights. We do not have any rewards programs or other financial incentives.
Right to Opt Out of Sale of Personal Information to Third Parties. You have the right to opt out of any sale of your personal information by Comapny to third parties. To exercise this right, please visit our “ Do Not Sell My Personal Information [C0]” webpage. Please note that your right to opt out does not apply to our sharing of personal information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the personal information only for that function.
How to Submit a Request. You may submit a request to exercise your rights through any one of three means:
(1) By filling out a Consumer Data Request Form available ____.
(2) By calling us at 800-XXX-XXXX[C2].
(3) By emailing us at privacy@________.com.
● Personal Identifiers:
o We collect your name, phone number, email address, and contact address when you complete a transaction, such as a donation, or sign up for our events or promotions.
o We collect your email address when you sign up for our newsletter.
o You provide us with payment information, which may be your credit card number or a bank account, when you complete a transaction. You have the option to store this information to your account or set up a recurring transaction.
o We do not collect your social Security number, Driver’s License number, or Passport number.
o We do not collect any medical information or health information about you.
o We collect your IP address automatically when you use the Services.
o We collect your Device ID automatically when you use the Services.
● Protected Classifications: We collect your age in order to comply with laws that restrict collection and disclosure of personal information belonging to minors. We do not collect your gender, racial or ethnic origin, or sexual orientation.
● Donation Information: When you engage in transactions with us, such as submitting a donation, we create records of the contribution you made, reason for the donation, as well as goods or services that may accompany your donation.
● Comment Information: When you leave a comment on any story, feature, or document, we will post, display, and maintain your comment on our website.
● Biometric Information: We do not collect information about your physiological, biological, or behavioral characteristics.
● Internet or Other Electronic Network Activity Information: We collect information about your browsing history, search history, viewing history, and information regarding your interaction with websites, applications, videos, or advertisements automatically when you utilize the Services.
● Geolocation Data: As described above, we collect your IP address automatically when you use the Services. We may be able to determine your general location based on the IP address. We do not collect your precise location (e.g., your GPS coordinates).
● Audio, electronic, visual, thermal, olfactory, or similar information: If you contact us via phone, we may record the call. We will notify you if a call is being recorded at the beginning of the call. We do not collect your image or any thermal, olfactory, or similar information.
● Professional or employment-related information: If you apply for a job with Comapny, we may collect name, contact information, cover letter, LinkedIn profile, and website, as well as information from your device. ● Education information: If you apply for a job with Comapny, we may collect information on the institutions you have attended, the level of education you have attained, your transcript, and writing samples.
● Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We may analyze your actual or likely preferences through a series of computer processes. On some occasions, we may add our observations to your internal profile.
On certain occasions, we also sell information to third parties. An external party may be considered a third party either because the purpose of sharing is not an enumerated business purpose under California law, or because our contract does not restrict them from using Personal Information for other purposes. To “sell” information means to disclose it to an external party for monetary or other benefit. We sell the following information:
● Personal Identifiers:
o We provide your contact information to directory services providers and public safety authorities.
o We provide your IP address and Device ID to our analytics partners.
o If you make a donation, we provide your donor information to our third party donor partners.
The MIT License (MIT)Copyright (c) 2019- Stripe, Inc. (https://stripe.com)Permission is hereby granted, free of charge, to any person obtaining a copyof this software and associated documentation files (the "Software"), to dealin the Software without restriction, including without limitation the rightsto use, copy, modify, merge, publish, distribute, sublicense, and/or sellcopies of the Software, and to permit persons to whom the Software isfurnished to do so, subject to the following conditions:The above copyright notice and this permission notice shall be included in allcopies or substantial portions of the Software.THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THEAUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHERLIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THESOFTWARE.
# LicenseMost files in FFmpeg are under the GNU Lesser General Public License version 2.1or later (LGPL v2.1+). Read the file `COPYING.LGPLv2.1` for details. Some otherfiles have MIT/X11/BSD-style licenses. In combination the LGPL v2.1+ applies toFFmpeg.Some optional parts of FFmpeg are licensed under the GNU General Public Licenseversion 2 or later (GPL v2+). See the file `COPYING.GPLv2` for details. None ofthese parts are used by default, you have to explicitly pass `--enable-gpl` toconfigure to activate them. In this case, FFmpeg's license changes to GPL v2+.Specifically, the GPL parts of FFmpeg are:- libpostproc- optional x86 optimization in the files - `libavcodec/x86/flac_dsp_gpl.asm` - `libavcodec/x86/idct_mmx.c` - `libavfilter/x86/vf_removegrain.asm`- the following building and testing tools - `compat/solaris/make_sunver.pl` - `doc/t2h.pm` - `doc/texi2pod.pl` - `libswresample/tests/swresample.c` - `tests/checkasm/*` - `tests/tiny_ssim.c`- the following filters in libavfilter: - `signature_lookup.c` - `vf_blackframe.c` - `vf_boxblur.c` - `vf_colormatrix.c` - `vf_cover_rect.c` - `vf_cropdetect.c` - `vf_delogo.c` - `vf_eq.c` - `vf_find_rect.c` - `vf_fspp.c` - `vf_histeq.c` - `vf_hqdn3d.c` - `vf_kerndeint.c` - `vf_lensfun.c` (GPL version 3 or later) - `vf_mcdeint.c` - `vf_mpdecimate.c` - `vf_nnedi.c` - `vf_owdenoise.c` - `vf_perspective.c` - `vf_phase.c` - `vf_pp.c` - `vf_pp7.c` - `vf_pullup.c` - `vf_repeatfields.c` - `vf_sab.c` - `vf_signature.c` - `vf_smartblur.c` - `vf_spp.c` - `vf_stereo3d.c` - `vf_super2xsai.c` - `vf_tinterlace.c` - `vf_uspp.c` - `vf_vaguedenoiser.c` - `vsrc_mptestsrc.c`Should you, for whatever reason, prefer to use version 3 of the (L)GPL, thenthe configure parameter `--enable-version3` will activate this licensing optionfor you. Read the file `COPYING.LGPLv3` or, if you have enabled GPL parts,`COPYING.GPLv3` to learn the exact legal terms that apply in this case.There are a handful of files under other licensing terms, namely:* The files `libavcodec/jfdctfst.c`, `libavcodec/jfdctint_template.c` and `libavcodec/jrevdct.c` are taken from libjpeg, see the top of the files for licensing details. Specifically note that you must credit the IJG in the documentation accompanying your program if you only distribute executables. You must also indicate any changes including additions and deletions to those three files in the documentation.* `tests/reference.pnm` is under the expat license.## External librariesFFmpeg can be combined with a number of external libraries, which sometimesaffect the licensing of binaries resulting from the combination.### Compatible librariesThe following libraries are under GPL version 2:- avisynth- frei0r- libcdio- libdavs2- librubberband- libvidstab- libx264- libx265- libxavs- libxavs2- libxvidWhen combining them with FFmpeg, FFmpeg needs to be licensed as GPL as well bypassing `--enable-gpl` to configure.The following libraries are under LGPL version 3:- gmp- libaribb24- liblensfunWhen combining them with FFmpeg, use the configure option `--enable-version3` toupgrade FFmpeg to the LGPL v3.The VMAF, mbedTLS, RK MPI, OpenCORE and VisualOn libraries are under the Apache License2.0. That license is incompatible with the LGPL v2.1 and the GPL v2, but not withversion 3 of those licenses. So to combine these libraries with FFmpeg, thelicense version needs to be upgraded by passing `--enable-version3` to configure.The smbclient library is under the GPL v3, to combine it with FFmpeg,the options `--enable-gpl` and `--enable-version3` have to be passed toconfigure to upgrade FFmpeg to the GPL v3.### Incompatible librariesThere are certain libraries you can combine with FFmpeg whose licenses are notcompatible with the GPL and/or the LGPL. If you wish to enable theselibraries, even in circumstances that their license may be incompatible, pass`--enable-nonfree` to configure. This will cause the resulting binary to beunredistributable.The Fraunhofer FDK AAC and OpenSSL libraries are under licenses which areincompatible with the GPLv2 and v3. To the best of our knowledge, they arecompatible with the LGPL.
GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away yourfreedom to share and change it. By contrast, the GNU General PublicLicense is intended to guarantee your freedom to share and change freesoftware--to make sure the software is free for all its users. ThisGeneral Public License applies to most of the Free SoftwareFoundation's software and to any other program whose authors commit tousing it. (Some other Free Software Foundation software is covered bythe GNU Lesser General Public License instead.) You can apply it toyour programs, too. When we speak of free software, we are referring to freedom, notprice. Our General Public Licenses are designed to make sure that youhave the freedom to distribute copies of free software (and charge forthis service if you wish), that you receive source code or can get itif you want it, that you can change the software or use pieces of itin new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbidanyone to deny you these rights or to ask you to surrender the rights.These restrictions translate to certain responsibilities for you if youdistribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whethergratis or for a fee, you must give the recipients all the rights thatyou have. You must make sure that they, too, receive or can get thesource code. And you must show them these terms so they know theirrights. We protect your rights with two steps: (1) copyright the software, and(2) offer you this license which gives you legal permission to copy,distribute and/or modify the software. Also, for each author's protection and ours, we want to make certainthat everyone understands that there is no warranty for this freesoftware. If the software is modified by someone else and passed on, wewant its recipients to know that what they have is not the original, sothat any problems introduced by others will not reflect on the originalauthors' reputations. Finally, any free program is threatened constantly by softwarepatents. We wish to avoid the danger that redistributors of a freeprogram will individually obtain patent licenses, in effect making theprogram proprietary. To prevent this, we have made it clear that anypatent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution andmodification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which containsa notice placed by the copyright holder saying it may be distributedunder the terms of this General Public License. The "Program", below,refers to any such program or work, and a "work based on the Program"means either the Program or any derivative work under copyright law:that is to say, a work containing the Program or a portion of it,either verbatim or with modifications and/or translated into anotherlanguage. (Hereinafter, translation is included without limitation inthe term "modification".) Each licensee is addressed as "you".Activities other than copying, distribution and modification are notcovered by this License; they are outside its scope. The act ofrunning the Program is not restricted, and the output from the Programis covered only if its contents constitute a work based on theProgram (independent of having been made by running the Program).Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program'ssource code as you receive it, in any medium, provided that youconspicuously and appropriately publish on each copy an appropriatecopyright notice and disclaimer of warranty; keep intact all thenotices that refer to this License and to the absence of any warranty;and give any other recipients of the Program a copy of this Licensealong with the Program.You may charge a fee for the physical act of transferring a copy, andyou may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portionof it, thus forming a work based on the Program, and copy anddistribute such modifications or work under the terms of Section 1above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)These requirements apply to the modified work as a whole. Ifidentifiable sections of that work are not derived from the Program,and can be reasonably considered independent and separate works inthemselves, then this License, and its terms, do not apply to thosesections when you distribute them as separate works. But when youdistribute the same sections as part of a whole which is a work basedon the Program, the distribution of the whole must be on the terms ofthis License, whose permissions for other licensees extend to theentire whole, and thus to each and every part regardless of who wrote it.Thus, it is not the intent of this section to claim rights or contestyour rights to work written entirely by you; rather, the intent is toexercise the right to control the distribution of derivative orcollective works based on the Program.In addition, mere aggregation of another work not based on the Programwith the Program (or with a work based on the Program) on a volume ofa storage or distribution medium does not bring the other work underthe scope of this License. 3. You may copy and distribute the Program (or a work based on it,under Section 2) in object code or executable form under the terms ofSections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)The source code for a work means the preferred form of the work formaking modifications to it. For an executable work, complete sourcecode means all the source code for all modules it contains, plus anyassociated interface definition files, plus the scripts used tocontrol compilation and installation of the executable. However, as aspecial exception, the source code distributed need not includeanything that is normally distributed (in either source or binaryform) with the major components (compiler, kernel, and so on) of theoperating system on which the executable runs, unless that componentitself accompanies the executable.If distribution of executable or object code is made by offeringaccess to copy from a designated place, then offering equivalentaccess to copy the source code from the same place counts asdistribution of the source code, even though third parties are notcompelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Programexcept as expressly provided under this License. Any attemptotherwise to copy, modify, sublicense or distribute the Program isvoid, and will automatically terminate your rights under this License.However, parties who have received copies, or rights, from you underthis License will not have their licenses terminated so long as suchparties remain in full compliance. 5. You are not required to accept this License, since you have notsigned it. However, nothing else grants you permission to modify ordistribute the Program or its derivative works. These actions areprohibited by law if you do not accept this License. Therefore, bymodifying or distributing the Program (or any work based on theProgram), you indicate your acceptance of this License to do so, andall its terms and conditions for copying, distributing or modifyingthe Program or works based on it. 6. Each time you redistribute the Program (or any work based on theProgram), the recipient automatically receives a license from theoriginal licensor to copy, distribute or modify the Program subject tothese terms and conditions. You may not impose any furtherrestrictions on the recipients' exercise of the rights granted herein.You are not responsible for enforcing compliance by third parties tothis License. 7. If, as a consequence of a court judgment or allegation of patentinfringement or for any other reason (not limited to patent issues),conditions are imposed on you (whether by court order, agreement orotherwise) that contradict the conditions of this License, they do notexcuse you from the conditions of this License. If you cannotdistribute so as to satisfy simultaneously your obligations under thisLicense and any other pertinent obligations, then as a consequence youmay not distribute the Program at all. For example, if a patentlicense would not permit royalty-free redistribution of the Program byall those who receive copies directly or indirectly through you, thenthe only way you could satisfy both it and this License would be torefrain entirely from distribution of the Program.If any portion of this section is held invalid or unenforceable underany particular circumstance, the balance of the section is intended toapply and the section as a whole is intended to apply in othercircumstances.It is not the purpose of this section to induce you to infringe anypatents or other property right claims or to contest validity of anysuch claims; this section has the sole purpose of protecting theintegrity of the free software distribution system, which isimplemented by public license practices. Many people have madegenerous contributions to the wide range of software distributedthrough that system in reliance on consistent application of thatsystem; it is up to the author/donor to decide if he or she is willingto distribute software through any other system and a licensee cannotimpose that choice.This section is intended to make thoroughly clear what is believed tobe a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted incertain countries either by patents or by copyrighted interfaces, theoriginal copyright holder who places the Program under this Licensemay add an explicit geographical distribution limitation excludingthose countries, so that distribution is permitted only in or amongcountries not thus excluded. In such case, this License incorporatesthe limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versionsof the General Public License from time to time. Such new versions willbe similar in spirit to the present version, but may differ in detail toaddress new problems or concerns.Each version is given a distinguishing version number. If the Programspecifies a version number of this License which applies to it and "anylater version", you have the option of following the terms and conditionseither of that version or of any later version published by the FreeSoftware Foundation. If the Program does not specify a version number ofthis License, you may choose any version ever published by the Free SoftwareFoundation. 10. If you wish to incorporate parts of the Program into other freeprograms whose distribution conditions are different, write to the authorto ask for permission. For software which is copyrighted by the FreeSoftware Foundation, write to the Free Software Foundation; we sometimesmake exceptions for this. Our decision will be guided by the two goalsof preserving the free status of all derivatives of our free software andof promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTYFOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHENOTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIESPROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSEDOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ASTO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THEPROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITINGWILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/ORREDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISINGOUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITEDTO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BYYOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHERPROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatestpossible use to the public, the best way to achieve this is to make itfree software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safestto attach them to the start of each source file to most effectivelyconvey the exclusion of warranty; and each file should have at leastthe "copyright" line and a pointer to where the full notice is found.