We are pleased to welcome you on our Platform (hereinafter "Platform") integrated in Prequel's website (available at https://www.prequel.app/
These Terms establish the terms and conditions under which you, as a user, may create an account, access, and use the Platform, services, content, products, applications, and websites operated by Prequel (hereinafter collectively referred to as the "Services"), , as well as purchase some of the content offered through the services as an in-app purchase.
If you are less than 18 years of age (or age of majority in your jurisdiction), you may use the Services ONLY with the consent of your parent or legal custodian. Please make sure that your parent or legal custodian has reviewed and discussed these Terms with you.
These Terms and Prequel's Subscription Policy (available at https://www.prequel.app/about-subscription
), that constitute an integral part of these Terms, form a legally binding agreement between you and us; hence we encourage you to review these Terms before using the Services to avoid confusion related to enforcement of these Terms by Prequel. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE (OR IMMEDIATELY CEASE TO USE) OUR SERVICES. 1. Acceptance
1.1 Your access and/or use of the Services shall serve as a confirmation that you agree to comply with these Terms, and that you have legal capacity to enter into a binding agreement with Prequel.
) and Prequel Community's Guidelines (available at https://www.prequel.app/community-guidelines
1.3 In the event that the Services are accessed and/or used by or on behalf of a legal entity, you hereby warrant and represent that:
(i) you are an authorized legal representative of the respective legal entity;
(ii) you are legally authorized to enter into a binding agreement with Prequel on behalf of such entity; and
(iii) you agree to comply with these Terms on behalf of such entity;
(iv) the legal entity that you represent operates a lawful business in accordance with applicable laws.
1.4 Modifications to these Terms are effective immediately upon notice made:
(i) by posting on Prequel's website (available at https://www.prequel.app/
(ii) by email notification; or
(iii) through any of our applications.
1.5 It is your responsibility to review the Terms from time to time for any changes. Your access and use of the Services following any modification of these Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms, immediately discontinue use of our Services and, if applicable, terminate your account. 2. Access and Use Limitations
2.1 Unless We specifically authorize you to use the Services otherwise (including, where such authorization is given in accordance with Clause 2.2. of these Terms), Our Services are provided for your personal non-commercial use only. We may offer certain portions of the Services at no charge, for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In all of the above instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use the Services.
2.2 We also reserve the right to grant a license for and authorize commercial use of the Services to legal entities acting as User(s) in accordance with these Terms under a separate subscription (hereinafter "Prequel Business" subscription). "Commercial use" under this Clause 2.2. refers to use of the Services by a User:
(i) where a User benefits from the use of the Services as a result of:
(1) the time that such User spends using the Services; or
(2) enhancement of such User's content (including, but not limited to User Content) through the use of the Services; or
(ii)where use of the Services by a User is primarily intended for or directed towards commercial advantage or monetary compensation.
For further information on Prequel Business subscription please refer to Prequel's Subscription Policy (available at https://www.prequel.app/about-subscription
2.3 Unless specifically provided otherwise, use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, use of our mobile Application is limited to the specific device and/or operating system you are using at the time you purchase a license to use the Application.
2.4 When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright laws. Except as expressly permitted under these Terms or as we may otherwise permit, you may not use, reproduce, duplicate, make unauthorized copies of, modify, alter, adapt, reverse engineer, disassemble, decompile, distribute or create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content (as defined below) or any content included therein, for any purpose whatsoever, without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. You acknowledge that by downloading, installing, or printing Service Content, you do not acquire any rights (including ownership) in relation to Service Content.
2.5 Furthermore, except as expressly permitted under these Terms, applicable laws and regulations, you, as a user, may not:
(i) access or use the Services if you do not have legal capacity to agree to these Terms or you are not authorized to use the Services by your parent or legal custodian;
(ii) remove, alter, cover, or distort any copyright and/or trademark notice, or notice relating to other proprietary rights, that we include into the Services or Service Content;
(iii) transfer, distribute, license or sell in whole or in part, the Services or any derivative works therefrom;
(iv) market, rent or lease the Services for profit or any kind of remuneration;
(v) use the Services for advertising, commercial purposes and/or commercial solicitation (unless specifically authorized in accordance with Clause 2.2. of these Terms);
(vi) use the Services for the purpose of spamming;
(vii) circumvent, disable or otherwise interfere with or attempt to interfere with the normal work of the Services and their security features including, without limitation, any features that prevent or restrict use of or copying of any software or other Service Content, disrupt Prequel's website or any networks connected to the Services, or bypass any measures that we may use to prevent or restrict access to the Services;
(viii) incorporate the Services or any part thereof into any other program or product;
(ix) use automated devices, manual processes, or scripts to copy or "scrape" Service Content for any purpose without Prequel's express written permission;
(x) collect or harvest personal information (including personal data) of other users of the Services including, without limitation, usernames, passwords, or email addresses;
(xi) use network-monitoring software to determine architecture of or extract usage data from the Services;
(xii) violate U.S. export laws, including, without limitation, Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
(xiii) engage in any conduct that restricts or inhibits other user(s) from using or enjoying the Services;
(xiv) attempt impersonation of any person or entity, provide false statements, misrepresent yourself or your affiliation with any person or entity (including Prequel), attempt to represent your content as Service Content or as content provided by Prequel;
(xv) distribute, promote, upload, store, make available for other users or share any content or material(s) that are sexually explicit, violent or discriminatory (based on race, gender, disability, sexuality, or age); attempt to receive access to other users' account(s), service(s) or system(s), or create false identity on the Services.
2.6 In accordance with Terms and Prequel Community's Guidelines, it is prohibited to use the Services in a way that may negatively affect Prequel's reputation.
2.7 You may not use the Services to distribute, upload, store or make available for other users:
(i) any files that contain viruses, trojans, worms, logic bombs, or any other malicious or technically harmful materials;
(ii) any unsolicited or unauthorized advertising, solicitations, promotional materials (unless specifically authorized in accordance with Clause 2.2. of these Terms);
(iii) spam, or any other prohibited form of solicitation;
(iv) any private or personal information (including personal data) of any third party, including, but not limited to, address(es), phone number(s), email address(es), information contained in personal identity document(s), or credit card number(s);
(v) any material which infringes or may infringe copyright, trademark, or other intellectual property or privacy rights of any other person;
(vi) defamatory, obscene, offensive, pornographic, or hateful material(s);
(vii) any material(s) that constitute, encourage or provide instructions for illegal activity, or self-harm;
(viii) any material(s) specifically designed to provoke or antagonize people, containing trolling and/or bullying, or intended to harass, harm, hurt, scare, distress, embarrass, or upset people;
(ix) any material(s) that contains threat(s) of any kind, including threats of physical violence;
(x) any material(s) that are racist or discriminatory, including discrimination based on someone's race, religion, age, gender, disability, or sexuality;
(xi) any answers, responses, comments, opinions, analyses, or recommendations that you are not qualified or properly licensed to provide; or
(xii) material(s) that, in Prequel's sole judgment, are objectionable, restrict or inhibit other person(s) from using the Services, or may expose Prequel, the Services, or their users to harm or liability of any type.
2.9 Prequel reserves the right, at its sole discretion, at any time and without prior notice, to remove or disable access to content and/or material(s) available on the Services for any reason or without reason. 3. Service Content
3.1 As between Prequel and you, all content (and any derivative works therefrom) available on of through the use of the Services including, but not limited to, artworks, software, images, text, files, materials, graphics, illustrations, logos, trademarks, service marks, photographs, audio and/or music files, videos, audiovisual works, URLs, technologies, documentation, interactive features and/or other content, materials, products and/or services, protected under intellectual property law (the "Service Content"), are either owned or licensed by Prequel; except that you and/or your licensors shall enjoy ownership rights in relation to User Content (as defined in section 4 of these Terms) that you upload or transmit through the Services. Use of the Service Content on the Services for any purpose that is not expressly permitted under these Terms is strictly prohibited.
3.2 You may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit Service Content for any purpose whatsoever, without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights in and to content of such licensors that are not expressly hereby granted to you.
3.3 Any rights in relation to audio and/or music files and/or recordings available on or through the use of the Service may not be licensed without prior written consent of respective rights holders.
3.4 You hereby acknowledge and agree that Prequel has the right to generate revenue and/or to otherwise increase company's value as result of your use of the Services, including, but not limited to, through sale of advertising, sponsorships, promotions, usage data and, except where otherwise specifically provided in these Terms or in other agreement entered into between you and Prequel, you have no right in relation to such revenue, goodwill or value whatsoever. You further acknowledge and agree that, except where otherwise specifically provided in these Terms or in other agreement entered into between you and Prequel, you:
(i) have no right to receive income or other consideration for any User Content (including User Content created by you) or your use of photos, presets, audio and/or music files and/or recordings, or audiovisual works, made available to you on or through the use of the Services; and
(ii) are prohibited from exercising any rights to monetize or obtain consideration for any User Content, including where such content is subsequently uploaded, posted, transmitted or otherwise made available on any third-party service(s) (e.g., you cannot claim monetization for User Content that has been uploaded to a social media platform such as YouTube).
3.5 Subject to the terms and conditions set out in these Terms and unless otherwise provided by these Terms or specifically authorized by Prequel, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, to download the Platform on your device and to access Service Content, solely for your personal, non-commercial use and in compliance with these Terms. Prequel reserves all rights in the Services and in Service Content that are not expressly granted herein. You acknowledge and agree that Prequel may terminate this license at any time for any reason or without reason. 4. User-Generated Content
4.1 Users of the Services may upload, post, transmit or otherwise make available through the Services content, including, but not limited to, text, photographs, videos, Prequel presets, audio and/or music files embodied therein, videos / audiovisual works (hereinafter referred to as "User Content"). Users of the Services are allowed to extract User Content created by other users to produce User Content in collaboration with other Users that combine and integrate User Content generated by more than one user. Users of the Services may also overlay music, graphics, and other elements provided by Prequel onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes the above mentioned elements, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
4.2 Whenever you access or use a feature that allows you to upload or transmit or otherwise make User Content through the Services (including via certain third-party social media platforms such as Instagram, Facebook, YouTube, Twitter, etc.), or to make contact with other users of the Services, you must comply with the standards set out at "Access to and Use Limitations" above. You may also choose to upload or transmit your User Content, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at "Access to and Use Limitations" above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
4.3 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
4.4 Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third-party content.
4.5 If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
4.6 You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
4.7 You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
4.8 For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (a "PRO"), a sound recording PRO, any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
4.9 As a Platform user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person's name or brand infringes or otherwise violates another person's rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person's right, you may also want to first seek legal advice before reporting such content to us.
4.10 Prequel reserves the right to remove User Content that infringes or violates intellectual property rights (including copyright and/or rights under trademark) of third parties. 5. Musical Works and Recording Artists
5.1 If you are a composer or author of a musical work and are affiliated with a performance rights organization (hereinafter "PRO"), then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO's reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) outlined in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services complies with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label. 6. Through-To-The-Audience
6.1 All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party services via the Services. 7. Waiver of Rights to User Content
7.1 By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or for any User Content you post, upload, or distribute in any form to or through the Services.
7.2 We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights or their right to privacy.
7.3 We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at "Access and Use" above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content:
(i) that we consider as violation of these Terms, or
(ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
7.4 You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
7.5 We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
7.6 If you wish to file a complaint about information or materials uploaded by other users, contact us at: email@example.com.
7.7 Prequel takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Prequel's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others. 8. Intellectual Property
8.1 Prequel's Terms and Community Guidelines do not allow posting, sharing, or sending any content that violates or infringes someone else's copyrights, trademarks, or other intellectual property rights.
8.3 We will respond promptly to claims of copyright or trademark infringements that are reported to our support team that we have designated to receive notifications of claims of infringement. If you are a copyright or a trademark owner (or authorized to act on behalf of such owner) and believe that your work's copyright or trademark have been infringed, please report infringement to us by providing our support team with a written notification of claimed infringement that includes the following essential information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act. Inquiries that do not follow this procedure may not receive a response. 9. Intellectual property Infringement
9.1 We do not allow any copyright or trademark infringement:
(i) Trademark infringement, which is generally the unauthorized use of a trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception, or mistake about the source, origin, sponsorship, or affiliation of the associated goods and/or services.
(ii) The use of copyrighted content of others without proper authorization or legally valid reason is a violation. Infringement of intellectual property by the Users may lead to a violation of Prequel's policies.
9.2 At the same time, we keep in mind that not all unauthorized uses of copyrighted content constitute an infringement. In many countries, exceptions to copyright infringement allow the use of copyrighted works under certain circumstances without authorization. These include the fair use doctrine in the United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).
9.3 Additionally, the use of another's trademark for purposes of accurately referencing, lawfully commenting, criticizing, parodying, or reviewing the trademark owner's products or services, or for purposes of comparing them to other products or services, where the mark is not used to designate the user's own goods or services or those of a third party, is generally not considered a violation of our policies. Likewise, it is generally permissible to make a fan page about a brand, even without the brand's permission, provided that you do not claim to speak for or be associated with the brand or otherwise violate the brand's intellectual property rights. 10. Your Account on the Services
10.1 You may open an account on the Services in order to use certain features and/or functionality (including, but not limited to, in order to enable certain features and functionality, available under paid subscription, where such paid subscription is made through Atlassian, in accordance with instructions, available on Atlassian's website (https://www.atlassian.com/
) of the Services.
10.2 You hereby acknowledge and agree that if your paid subscription was made through Atlassian, logging out of your account on the Services will immediately disable certain features and functionality, available under such subscription. In the event that you have made a paid subscription directly from the Services (by way of providing us with one or more Payment method(s) (as specified in clause 1.3. of Prequel's Subscription Policy)) or you access and use the Services without paid subscription, logging out of your account on the Services will not have any additional effect.
10.3 Prequel reserves the right to refuse to provide service, limit access to the Services, suspend or terminate your account on the Services in the event that you violate intellectual property rights of third parties, provisions of these Terms and/or Prequel Community's Guidelines. Prequel further reserves the right to refuse any user whose account was suspended or terminated in accordance with this clause 10.3., from opening a new account on the Services.
10.4 You may delete your account on the Services, which will result in immediate deletion of all posts created under such account, contents of "favorite" section of such account, as well as any information (including personal information and/or data) provided under such account, including, but not limited to, name, gender, profile picture, logs, and information on and from social networks, linked to such account. Please note that you cannot restore your account on the Services once it has been deleted.
10.5 In the event that you have deleted your account on the Services, and you have a paid subscription made through Atlassian, you shall create a new account on the Services and enable certain features and functionality, available under paid subscription, on such new account, in order to have access to above features and/or functionality. 11. Payments
11.1 No fee paid hereunder shall be refundable, notwithstanding suspension or termination of your account on the Services, your failure to utilize any part of the Services (including features and/or functionality available under paid subscription and/or on a paid basis), the prepayment or cancellation of the Services or for any reason whatsoever, except where otherwise specified by Prequel.