Privacy Policy and User Generated Content Terms of Service

2020.11.09

The privacy policy is one key component for ensuring user security and protecting user privacy.

User-Generated Content If you wish to file a complaint about information or materials uploaded by other users, contact us at: abuse@fone.me Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes FoneMe Elements, 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 “Your Access to and Use of Our Services” above. 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. 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. 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 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 licence 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. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User-Generated Content or endorse any opinions expressed thereof. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mis-labeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a 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) set forth 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 is in compliance 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. Through-To-The-Audience Rights. 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 service via the Services. Waiver of Rights to User Content. 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 any and 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 and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services. 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 of their right to privacy. 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 “Your Access to and Use of Our Services” 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 to violate 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. 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. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. 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 (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. We accept no liability in respect of any content submitted by users and published by us or by authorized third parties. If you wish to file a complaint about information or materials uploaded by other users, contact us at: abuse@fone.me FoneMe takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is FoneMe’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. Accordingly, by sending Feedback to us, you agree that: i. FoneMe has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; ii. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and iii. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. * User–Generated Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favor of FoneMe and all of its group companies, affiliates and successors in title and interest, whether existing or in future. Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: * access or use the Services if you are not fully able and legally competent to agree to these Terms; * carry out any activity during the access or use of our Services which is unlawful, misleading, discriminatory or fraudulent in any way. * make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; * distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; * market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; * use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; * interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; * incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; * use automated scripts to collect information from or otherwise interact with the Services; * impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; * intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; * use or attempt to use another’s account, service or system without authorization from FoneMe, or create a false identity on the Services; * use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; * use the Services to upload, transmit, distribute, store or otherwise make available in any way: * files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; * any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; * any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; * any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; * any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; * any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm; * any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; * any material that contains a threat of any kind, including threats of physical violence; * any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; * any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or * material that, in the sole judgment of FoneMe, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose FoneMe, the Services or its users to any harm or liability of any type.The privacy policy is outlined in our policy on the handling and treatment of user data which includes personal information. This is the basis upon which Fone determines whether users have granted their consent to allow use of this data after being fully informed of how it will be handled. In addition, the privacy policy is a promise to our users on how we plan to handle and treat the information and data shared with us. 

■Fone Privacy Principles and Privacy Policy

The following are the fundamental principles of FoneMe's privacy policy. 

1. Fone will specify the type of personal information it collects, and receives consent from users on the collection, use, and provision of the users’ personal information. 

2. Fone will specify the intended use of the personal information it collects. 

3. Fone will only collect information that is pertinent to fulfilling its intended use.

4. Fone will not use or supply the personal information it has collected other than for its intended use, unless it has received the prior consent of the user or is authorized or compelled to do so under the law. 

5. Fone will take measures to ensure that user data is accurate, complete, and up-to-date.

6. Fone will take necessary security measures to ensure the safety of user data.

7. Fone will ensure, to the best of its ability, the transparency of its policies and practices on using and handling user data. 

8. Fone will provide users access to their own data and also allow them to make appropriate corrections. 

9. Fone will take measures to ensure its accountability.

In accordance with the fundamental principles above, Fone will comply with its policies and will not collect data/information that is unrelated to the appropriate delivery of services, and will not mislead users or sell user data. 

■ Policy practices 

Furthermore, another key component to protecting user privacy is to ensure that practices are consistent with policy. 

The privacy policy is, as its name states, a policy that is indispensable for ensuring security and protecting the privacy of our users. The next very important step is to ensure that the practices we are implementing are in line with this policy. 

At Fone, specialized departments routinely verify and confirm whether our privacy policy is factually accurate, and whether practices are consistent with policy. This is also carried out when services are launched or revised.

The latest version of the Fone privacy policy can be viewed on our website.