User Terms

Effective as of July 1, 2019

These user terms ("User Terms") constitute, together with any terms or chosen options set out in the app or online, a legal agreement between you and Lookatech AB (556989-3547), Gotgatan 31, SE-116 21 Stockholm, Sweden ("Lookatech") with respect to the Services (as defined below).
  1. Introduction
    1. Lookatech is the provider of an app and online service, Sing Along, for singing along to your favourite songs (the "Services") that allow you to download, listen to, view, use and upload, record, perform music and video (the "Content"). The Sing Along app is licensed, not sold, to you. To use the Services and the Content, you must first agree to these User Terms. If you do not accept the User Terms, you are not entitled to use the Services or the Content.
    2. You accept these User Terms (including any sublicenses, third-party licenses or other terms referred to in these Terms) by either creating an account or otherwise clicking to agree or accept where these options are presented. You agree to comply with the User Terms and any applicable laws, regulations or policies in the relevant jurisdiction. You must meet the age requirement of your local jurisdiction for entering into a legally binding contract, or otherwise have the applicable required consent of your legal guardian for doing so.
    3. You may browse certain portions of the Services without registering an account with us. However, in order to utilise the Services, you must download the app and register an account with us.
    4. Note that your rights and obligations may be subject to modification under mandatory consumer protection laws specific to your jurisdiction. In such case, you are entitled to rely on such protection. If the Services are used in conjunction with a third-party service or product, you agree to comply with the terms and conditions pertaining to such third-party service or product.
    5. Lookatech may modify these User Terms and our agreement in accordance with Section 7.1.
  2. THE SERVICES
    1. Lookatech’s Service Offerings
      1. Certain options are currently provided to you free-of-charge in a free version (the “Free Version”). The Free Version may feature advertisements and may be limited in scope as further detailed in connection with that offering. By subscribing to the paid version of the Services (“Paid Version”), you receive access to the Services without advertisements but including additional Content and features, as further detailed in connection with that offering. The terms for billing and payments for the Paid Version are set out in Section 4.2.
      2. Lookatech may also offer promotional plans, memberships or services, including offerings of third-party products and services, in conjunction with the Services. Lookatech reserves the right to modify, terminate or otherwise amend its offerings and promotional offerings at any time. Specific terms may apply for such additional offerings.
      3. A current description of the Services and your options is available on Lookatech’s website and/or in the app. Further options and alternatives may be available from time to time, as indicated on line and/or in the app from time to time, which may be subject to additional terms and conditions pertaining to such options or alternatives.
    2. Third-Party Services
      1. The Services may contain links to or the ability to share information with and/or use products or services provided by third-parties ("Third-Party Services"). Sing Along does not endorse any Third-Party Services or the content or products or services provided by or made available through such Third-Party Services. All Third-Party Services and any content, products and services therein are developed and provided by others. Lookatech is not responsible for any Third-Party Services and does not make any representations regarding services, products or content provided through such Third-Party Services or with respect to the accuracy of any materials on such Third-Party Services. You agree and accept that Lookatech will have no liability arising from your use, engagement, exposure to or interaction with any Third-Party Services.
  3. INTELLECTUAL PROPERTY AND LICENSES
    1. Lookatech’s Intellectual Property Rights
      1. Lookatech, or, where applicable, its licensors/third parties, own all intellectual propertyrights in the Services, subject to the below. These intellectual property rights include, butare not limited to, copyrights, trademarks, patents, corporate secrets and designs.
      2. Lookatech, or, where applicable, its licensor/the relevant third-party, grants you a personal,non-exclusive, non-transferrable, non-sublicensable, revocable license to use its intellectual property rights in the Services solely for the purpose of utilising the Services in accordance with these User Terms and our agreement and subject to your payment of applicable fees and your compliance with these User Terms and our agreement.
    2. Third-Party Content
      1. The Services include Content that is owned or licensed by third parties (“Third-Party Content”). We and/or the relevant third-party, with regard to each work, grant you a personal, non-exclusive, non-transferrable, non-sublicensable, revocable license to use its intellectual property rights in the Third-Party Content solely for the purpose of utilising the Services in accordance with these User Terms. Further restrictions may apply in connection to that work, as may be presented in the Services.
    3. User Content
      1. You transfer and assign all copyright, neighbouring rights and any other intellectual property rights, and, to the fullest extent possible under law, waive any moral rights to the recordings and any works and Content generated by you and uploaded to the Services. Your transfer and assignment is made free-of-charge to Lookatech and Lookatech is thereby free to use, transfer, assign or otherwise exploit all rights without any restrictions and for whatever purpose. In addition, you grant us an unrestricted right to use your username, image, voice and likeness to identify you as the source of your generated user Content.
      2. You agree to and warrant that such user generated Content was created and exclusively owned by you and that Lookatech does not need permission or license from any third party in order to fully use and exploit the described rights. You may not upload Content that contain third party copyrighted material, or material that is subject to other third-party proprietary rights (other than as expressly permitted under and through the Services). You may further not include any personal data about other persons in your contribution and you agree to and warrant that any necessary consents and/or approvals (e.g. from other persons involved) have been obtained and are irrevocable and may not generate any claims for fees, charges or compensation of whatever nature.
      3. As a contributor to the Services, you are granted a non-exclusive license to use your generated Content solely for your personal and private purposes. You may therefore not copy, communicate, perform or otherwise exploit the works and neighbouring rights transferred and assigned to Lookatech and may furthermore not monetize your continued use of the contributed Content generated by you.
      4. If you are affiliated to a performing rights organisation, guild or collection society, you are entirely responsible for ensuring your compliance with your obligations to those organisations. Furthermore, you warrant and must ensure that Lookatech’s exploitation will not be hindered in any way from claims made by such organisations.
  4. USER OBLIGATIONS
    1. General
      1. You agree that any information you provide to Lookatech, such as your name, address and billing details, will always be accurate, complete and current at all times.
      2. You undertake to maintain the confidentiality of the information you hold for your account, including your password. You agree to notify Lookatech immediately of any unauthorized use of your account or password.
      3. You agree to comply with all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Services or any purchases through the Services, and that the reporting and payment of any such applicable taxes are your responsibility.
      4. You agree to follow the terms and policies applicable to the online store where you downloaded the app.
      5. You agree that you will not:
        • engage in any activity that interferes with or disrupts the Services,
        • use the Services to transfer or upload material that contains viruses, corrupted data, malicious software or programs that may harm computers or disrupts any servers, networks, or websites operated by Lookatech or any third-party,
        • in any other manner misuse the Services or use the Services other than for the intended purpose,
        • copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the Services, to the maximum extent permitted by applicable law,
        • take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Services,
        • use the Services to access, copy, transfer, transcode or retransmit Content in violation of any law or third-party rights, or
        • remove, obscure, or alter Lookatech's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Services and/or Content.
    2. Payment and Billing
      1. You may purchase a subscription to the Paid Version (or other available purchase option) through either Apple App Store, Google Play Store or such other store as may be available from time to time, whichever applies to your mobile device. You may choose to purchase a subscription period or make a purchase as per our available options at the time. Unless otherwise expressly set out, all charges and payments are non-refundable. Any changes to the price of your subscription will take effect at the start of the next subscription period following the change in price. Should you not accept the change in price, you must terminate your subscription, in which case you will be downgraded to the Free Version, or terminate our mutual agreement and cease using the Services. Available payment options are set out online and may be subject to the terms and conditions of the respective payment service provider.
      2. Your subscription will automatically renew for another period, unless it is terminated before the end of the current subscription period.
    3. User Guidelines
      1. Please be nice and thoughtful of others. We want to keep everything running smoothly and be welcoming to everyone! We expect you to comply with our Community Guidelines applicable from time to time.
      2. You agree that you will not use the Services to defame, harass, discriminate or threaten another person/company or in any other way violate rights of others. You may not upload (or submit and/or distribute; e.g. through chats, comments or messages) Content or other material which promotes illegal activity, is racially or ethnically offensive, constitutes defamation or is otherwise discriminating, offensive or inappropriate in any other way (including but not limited to any uploads which we deem could infringe and/or harm the creator's/artists/rights owner's moral rights and/or reputation). In particular, you must adhere to the song lyrics, as displayed, and must not modify, amend or distort them in any manner.
      3. Lookatech reserves the right to immediately, without prior notice to you, remove any Content or other material from the Services that Lookatech, in its sole discretion, deems to be in breach of these User Terms or any other terms or conditions posted on the Services or otherwise deems to constitute a misuse or a use of the Services for other than the intended purpose. Lookatech reserves the right to terminate a user's account with immediate effect if you take any action that Lookatech determines is harmful to the Services or to the use of the Services by others or that is deemed by Lookatech to be in violation of applicable law or these User Terms.
  5. INDEMNIFICATION
    1. To the maximum extent permitted by law, you agree to indemnify and hold harmless Lookatech, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Services, including your downloading, uploading, installation, or use of any products, services or Content, and/or your violation of these User Terms.
    2. You agree to provide us with, at your sole cost, all and any information requested by us with respect to the defence or settlement of any claim, action, suit or proceedings referred to above and, where requested by us, to fully co-operate with us with respect to the defence or settlement of any such claim, action, suit or proceedings.
  6. TERM AND TERMINATION
    1. These User Terms and our agreement will continue to apply until terminated by you or Lookatech. Unless otherwise set out, termination will take effect at the end of the current subscription period.
    2. If you want to terminate these User Terms and our agreement, you may do so by notifying Lookatech and ceasing your use of the Services and the Content obtained through the Services. Any continued use of the Services and/or the Content shall mean that you will continue to be subject to these User Terms and agree to be bound by them.
    3. Lookatech may at any time terminate our agreement and these User Terms;
      1. if you have breached any provision of our agreement (including these User Terms);
      2. if Lookatech deems that it is required to do so for security reasons or for the protection of Lookatech ́s, and/or its licensors ́ and/or third parties ́ rights or legitimate interests; or
      3. if Lookatech decides to no longer provide the Services.
    4. Sections 5, 7.4, 7.5 as well as any other sections of the User Terms that either expressly or by their nature must remain in effect even after termination of the User Terms and our agreement, shall survive termination.
  7. MISCELLANEOUS
    1. Modifications
      1. Lookatech reserves the right to modify, suspend or discontinue the Services (or any part or features thereof) (including modifications and/or amendments of these User Terms and our agreement), at any time without prior notice to you. Modifications and amendments of the User Terms and our agreement will be notified within the Services or by sending you an e-mail. If you do not accept said modifications or amendments, you should terminate our agreement. Any continued use of the Services and/or the Content shall mean that you are deemed to have accepted the amendments. Lookatech is not liable to you or any third party, should it exercise such rights.
      2. From time to time, Lookatech may discover that the Services or any part or use thereof violate legal agreements, laws or policies. In such case, Lookatech reserves the right to immediately discontinue, suspend or modify the Services (or any part or features thereof) without prior notice to you.
    2. Assignment
      1. Lookatech may assign, transfer, sell or otherwise dispose its rights and obligations under these User Terms and our agreement, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.
    3. Notices and contacts
      1. Lookatech may notify you with respect to the Services by sending an e-mail message to the e-mail address provided by you or by a posting on the Services. Notices shall become effective immediately.
      2. You may contact us at: info@singalong.me
    4. Disclaimer of Warranties
      1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ANY PRODUCTS, MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OR UNDERTAKINGS OF AVAILABILITY OR NON-INTERRUPTION OF SERVICES, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES AS WELL AS THE SERVICES THEMSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE USER TERMS CANNOT CHANGE.
      2. YOUR USE OF THE SERVICES AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
    5. Limitation of Liability
      1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOOKATECH AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICES OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICES, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, LOOKATECH'S AGGREGATE LIABILITY RELATING TO THE SERVICES AND OUR AGREEMENT SHALL NEVER EXCEED ONEHUNDRED (100) EUR.
      2. Nothing in the User Terms will affect the statutory rights of any consumer nor exclude the liability of Lookatech, its subsidiaries or affiliates for:
        1. death and personal injury caused by negligence;
        2. fraudulent misrepresentation; or
        3. any other liability which cannot be limited by applicable mandatory law.
    6. Choice of Law
      1. These User Terms, the use of the Services and our agreement is governed by Swedish law.