TERMS OF USE 

  1. PARTIES

    1. Rap Fame, BattleMe, and Rap-Z are mobile apps (the “App”, as applicable) developed and operated by Rap Tech Studios Limited (“Rap Tech”, “we”, “us” or “our”), a company registered in England and Wales.

    2. These Terms of Use (“Terms”) are a legal agreement between Rap Tech and you (“you” or “your”) and apply to your use of the App and all connected services, including the Rap Tech website(s) (the “Site”) (collectively, the “Services”).

    3. For information on how we process your personal data, please see our privacy policy.

    4. You must review these Terms before you use the App. By using the App you agree to these Terms. Please do not install the App or use the Services if you do not agree to these Terms.

  2. CHANGES

    1. We may occasionally make improvements to the App or these Terms, but we will notify you of any material changes in advance either by email or via prominent notice in the App. You can choose to stop using or uninstall the App or Services at any time.

    2. From time to time we may issue improvements to the App. Depending on the improvements, you may not be able to use the App until you have accessed or downloaded the latest version of the App and reviewed and accepted any new terms of use.

  3. APP DESCRIPTION

    1. The Rap Fame App allows you to capture, create, and edit sound recordings and the musical works embodied therein, either individually or in collaboration with other users, (“User Content”), and to upload and make available User Content through the Services and select social media platforms linked within the Services (“Sharing Functionality”). You may upload locally stored original sound recordings or ‘beats’ you created, including those created in your capacity as a composer or author of a musical work (“Creator”), through the Services for incorporation in User Content (“Beats”).

    2. The BattleMe App allows you to capture, create, and edit videos and sound recordings and the musical works embodied therein, either individually or in collaboration with other users, (“User Content”), to compete with others in 'battles' that are judged by other users. You may upload and make available User Content through the Services and select social media platforms linked within the Services (“Sharing Functionality”).

    3. The Rap-Z App allows you to capture, create, and edit video (“User Content”) that is transformed into a hip hop music video which you may upload and make available through the Services and select social media platforms linked within the Services (“Sharing Functionality”).

    4. The Services also provide you with access to beats, backing tracks, recorded audio and the musical works embodied therein, and sound effects (“App Content”) for incorporation in User Content. User Content or Beats uploaded through the Services may be used by other users for incorporation in their own content (“Secondary User Content”). Secondary User Content is also User Content for the purposes of these Terms.

    5. You may use the Services without registering or subscribing, but some features will be limited unless you create an account with us using either your email address, Google account, Facebook account or Twitter account or purchase a subscription.

    6. App Content and the Services are provided by Rap Tech or in collaboration with our third party partners listed in section 16 (“Rap Tech Partners”).

  4. PLATFORM ACCESS

    1. The Rap Fame App may be used with Apple iOS and Google Android smartphones and operating systems. The BattleMe App may be used with Google Android smartphones and operating systems. The Rap-Z App may be used with Apple iOS smartphones and operating systems. You must ensure that you comply with the end user licence agreement of the device and operating system that you use to access the Services. If you download or stream the App onto any phone or other Device not owned by you, you must have the owner's permission to do so.

    2. Although we are working to ensure that the App is compatible across various operating system versions and devices, it may not be compatible with yours and the Services may vary in functionality, availability and quality depending on the type of device and operating system you use. You should check the minimum requirements and specifications (including memory space and operating system) provided here.

    3. We are not responsible for any lack of functionality that is due to your equipment (including your device, operating system, settings, software, or internet connection). We may restrict access to parts or all of the Services from time to time to allow for repairs, maintenance or updating, but we will give you reasonable advance notice before doing so.

    4. It is your responsibility to pay for all costs and expenses (including all line charges or internet service data access charges) that you may incur when using the Services.

  5. COPYRIGHT AND OWNERSHIP

    1. Intellectual property is the legal phrase used to describe what you create (for example, an original song or an original brand would be intellectual property). Copyright, trade marks, designs, and patents are all examples of intellectual property. In these Terms, "intellectual property rights" means all intellectual property rights of any kind which exist now or will exist in the future anywhere in the world, including: (i) copyrights; (ii) trade marks, corporate names, logos, designs, internet domain names; (iii) all rights relating to the protection of computer software (in both source code and object code form); (iv) all rights relating to the protection of business and trade secrets, know-how and confidential information; and (vi) all rights to obtain renewals, or other extensions of legal protection in relation to these rights. Rap Tech owns and will keep all intellectual property rights in the App, the Services and App Content generated and provided by Rap Tech.

    2. Subject to the licences granted in section 6.3 below and the terms of any other agreement between us and you, you (or another person that has given you permission to upload the User Content or Beats) own and will keep all intellectual property rights in the User Content and Beats uploaded by you via the Services.

    3. You should not upload Beats you do not own. Rap Tech uses third party filtering technology (“Filter”) to compare Beats and User Content uploaded via the Services with a database of registered content. Any Beats and User Content which match with registered content will not be made available through the Services. Users may appeal a decision made by the Filter by contacting Rap Tech directly at support@raptech.co, and Rap Tech will determine on a case by case basis whether the Beat or User Content may be made available through the Services.

  6. GRANT OF LICENCE AND ASSIGNMENT

    1. A licence is a permission to do something that would otherwise not be legal or allowed. An assignment is a transfer of a right from one person to another. In return for you complying with these Terms, Rap Tech grants you a limited, non-exclusive, licence to use one copy of the App (including any free updates, patches, or corrections we may provide) per device you own or control for your personal, non-commercial use in accordance with all applicable laws ("App Licence"). Any transfer of this App Licence to another person or any use outside the scope of this App Licence must be permitted in advance by Rap Tech in writing. The App, Services, and any other software made available to you via the App or Services is licensed (not sold) to you, meaning that we or our licensors continue to own all copies of the App and other software when it is running or installed on your device. The App Licence stays in effect for as long as you use the App or Services.

    2. The Services may include third party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute these components (“Open Source Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms will prevent or restrict you from obtaining such Open Source Components under the applicable third party licences or to limit your use of such Open Source Components under those licences.

    3. In return for our provision of the Services, when you upload User Content or Beats through the Services you grant:

      1. ​to us, an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, publish, transmit, modify, adapt, display, perform, communicate, make derivative works of, reproduce and distribute your User Content or Beats in any format, on any platform and for any purpose (including for commercial purposes);

      2. to us, a royalty-free licence to use your username, voice, image, and likeness to identify you as the provider of any of your User Content or Beats; and

      3. to other users, an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to view, access, download, use, publish, transmit, modify, adapt, display, perform, make derivative works of, reproduce and distribute your User Content or Beats in any format, either within the Services or through the Sharing Functionality, solely for non-commercial and non-professional purposes.

    4. To the extent permitted by applicable law, you waive any and all rights of privacy, publicity, or similar rights in connection with your User Content or Beats and understand that we can use your User Content or Beats without referencing you as the author and that we can adapt and amend your User Content or Beats. If applicable law prevents you from waiving these rights, you agree never to assert your moral rights with respect to any User Content or Beats you upload through the Services.

    5. You may remove your User Content or Beats from the App by contacting us at support@raptech.co, except where other users have used your User Content or Beats to create Secondary User Content. By using the App or Services, you grant us the right to keep your User Content or Beats on the Services where other users have used your User Content or Beats to create Secondary User Content.

    6. If you incorporate or use any App Content (for example, beats created by other users, backing tracks, or sound effects provided by Rap Tech via the App or Services, whether free or paid) in your User Content, you may use this User Content for personal, non-commercial purposes only. You must obtain a commercial licence from Rap Tech before monetising User Content containing App Content in any way (including by selling, licensing, distributing,
      or monetising such User Content via any music service or social media service).

    7. Where asked in writing, we may enable contact between users and Creators for the purposes of agreeing licences for use of User Content or Beats for uses other than permitted by the licence granted in section 6.3.3. These licence agreements will strictly be between the users and Creators, as applicable, and we will have no responsibility in relation to these licence agreements.

    8. The App is supported by in-App purchases and subscriptions, third-party advertisers, sponsors and brand partners whose advertisements, branding and promotional content may appear in the App (the “Promotional Content”). Other users may, but are not required to, pay to use your User Content and Beats. By uploading User Content or Beats through the Services, you waive any rights to approve any marketing or promotional materials related to the User Content or Beats. You understand that your User Content or Beats may appear alongside the Promotional Content or in Secondary User Content, and that you have no rights to receive any income or other form of payment for the use of your User Content or Beats uploaded through the Services.

    9. If you are a Creator affiliated with a performing rights organisation, label, or agency (“Affiliates”), you are responsible for notifying the Affiliates of the royalty-free licences or assignments you grant to us and other users under these Terms, and for complying with any relevant reporting obligations to the Affiliates. You are responsible for ensuring that your use of the App and the Services complies with any contract you may have with any Affiliate. If you have assigned your rights to a music publisher, then you must obtain the consent of this music publisher to grant the royalty-free licences in these Terms, or have such music publisher enter into an agreement with us. Just because you authored a musical work does not mean that you have the right to grant the licences in these Terms. You understand that you will have no right to receive any income or other payment from the use of your Beats uploaded through the Services. Nothing in these Terms permits you to use any aspect of any musical work or sound and video recording in a way that is not specifically permitted by these Terms.

    10. Through the App and the Services, Rap Tech will provide you with access to technology and App Content generated by the Rap Tech Partners. The Rap Tech Partners have developed a range of software developer kits for the purpose of processing digital audio signals. Through separate licence agreements with the Rap Tech Partners, Rap Tech has acquired the right to exploit this technology.

  7. TAKEDOWN PROCEDURE

    1. If your Beat was uploaded to the Services, or if any User Content or Secondary User Content uses your copyright protected work without your permission, you may submit to us a notice of copyright infringement at beats@raptech.co (a “Submission”). Please consider whether any fair use exceptions may apply when making a Submission. Submissions should only be made by the copyright owner or an agent permitted to act on their behalf. We will take reasonable steps to remove infringing content from the Services that we become aware of. In appropriate circumstances, we may disable or terminate the accounts of users of the Services who repeatedly infringe the copyright or intellectual property rights of others.

    2. Your Submission should identify the copyrighted work claimed to be infringed; the Beat, User Content or Secondary User Content that you are claiming is infringing, and its location within the App or the Site; your contact information; a statement that the information you have provided is accurate, that you are permitted to act on behalf of the copyright owner, and that you have a good-faith belief the use of the Beat, User Content or Secondary User Content infringes the rights of the copyright owner; and the physical or electronic signature of the copyright owner or an agent permitted to act on their behalf.

  8. RESTRICTIONS ON USE

    1. You agree that you will not use this App or the Services to:

      1. upload, post, download, email, transmit, store or otherwise make available any:

        1. ​content that would damage the reputation of Rap Tech or is libellous, defamatory, slanderous, offensive, harmful, tortious, obscene, pornographic, hateful, inflammatory, invasive of another’s privacy, or otherwise objectionable;

        2. content that violates or breaches the intellectual property rights of a third party or violates or breaches any applicable law, rule or regulation;

        3. unauthorised email messages, comments, spam, or chain letters, including, without limitation, commercial advertising and informational announcements; and

        4. material that contains viruses or any other malicious computer code, files or programs designed to harm, interfere or limit the normal operation of the App or the Services, or any other computer software or hardware;

      2. perform any fraudulent activity, including pretending to be someone you are not, misrepresenting who you are or your age, sending data from another person’s App or account, harming another person, or otherwise misrepresenting your affiliation with any person, including a minor, and Rap Tech reserves the right to reject or block any Device or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity;

      3. use any Beats or User Content, other than your Beats or User Content, in any way to create a competitor service which replicates any part of the Services;

      4. engage in any copyright infringement or other intellectual property infringement, including, but not limited to, adapting, copying, republishing, making available or otherwise communicating to the public, displaying, performing, transferring, sharing, distributing or otherwise using or exploiting any Beats or User Content (including uploading any Beats or User Content which you do not have the right to upload), unless it is your Beat or User Content or is permitted pursuant to these Terms;

      5. engage in any activity (including, but not limited to, the use of bots, scripts, apps, plugins and extensions) to misrepresent the popularity of your Beats or User Content;

      6. disclose any trade secret or confidential information in violation of an employment or nondisclosure agreement;

      7. interfere with or disrupt the App or our provision of the Services (including accessing the App through any automated means, like scripts or web crawlers), or any servers or networks connected to the App or the Site, or any policies, requirements or regulations of networks connected to the Services (including any unauthorised access to, use or monitoring of data or traffic thereon);

      8. reverse engineer, decompile or disassemble the App or the Services or otherwise attempt to obtain its source code;

      9. copy, rip or capture any Beats or User Content other than by the means permitted through the App, Services, or the Sharing Functionality;

      10. gather and store personal information on other users;

      11. violate, circumvent or attempt to violate or circumvent any data security measures incorporated in the Services;

      12. violate the rights of a third party, including by infringing or misappropriating any third party intellectual property rights, or violating any third party privacy right;

      13. stalk, exploit, threaten, abuse or otherwise harass another user or any Rap Tech employee;

      14. engage, encourage, induce, solicit or promote any conduct that would constitute a criminal offence or violate any applicable law, rule or regulation;

      15. remove or alter any copyright, trademark or other proprietary notice contained in the Services;

      16. use, copy, reproduce, modify, translate, or create derivative works, adaptations or compilations of, or based on, the App or part thereof, other than as expressly permitted in these Terms;

      17. allow any other person to use or access the Services from your device, unless such person explicitly agrees to be bound by these Terms, or access or attempt to Access the Services from another person’s device;

      18. assign, sublicense, lease, sell, share, loan, rent, modify, distribute, grant a security interest in, or otherwise make the App or the Services available, or transfer the access granted under these Terms or any right or ability to view, access, or use the App or the Services through the internet or other distribution network without our prior written consent; or

      19. attempt to do any of the acts described in this section 8.1, or assist, encourage, or permit any person in engaging in any of the acts described in this section 8.1.

    2. You agree to comply with the above restrictions at all times during your use of the Services. Rap Tech may remove User Content or Beats that fail to comply with the above restrictions. If you repeatedly fail to comply with the above restrictions, Rap Tech may suspend or terminate your access to the App and Services.

  9. YOUR CONFIRMATIONS

    1. You confirm that:

      1. you own the intellectual property rights in the Beats and User Content you upload or create through the Services, and that any Beats or User Content are original works by you, or that you have received all the necessary permissions or clearances from the owners of any part of the Beats and User Content you upload through the Services to grant the licences set out at section 6.3 and to transmit the Beats and User Content from the App to other platforms (including third party platforms) through the Sharing Functionality;

      2. your Beats and User Content, as made available through the Services and the Sharing Functionality, do not and will not infringe or violate the rights of any third party, including any intellectual property rights, rights of privacy or publicity, or rights in confidential information;

      3. you have obtained any and all necessary consents, permissions or releases from any and all persons appearing in your User Content or Beats to be able to include their name, voice, performance or likeness in your User Content or Beats and to make such User Content or Beats available through the Services and Sharing Functionality;

      4. your Beats and User Content do not and will not breach any applicable law or regulation;

      5. your User Content and any comments that you may make on the App or Site, or through the Sharing Functionality, are not and will not be libellous, defamatory, slanderous, offensive, harmful, tortious, obscene, pornographic, hateful, inflammatory, invasive of another’s privacy, or otherwise objectionable;

      6. you are at least 12 years old, or you have reviewed these Terms with your parent or legal guardian and have obtained your parent or legal guardian’s permission to use the App and the Services; and

      7. the registered details you provide when setting up an account via the App are correct, and that you will update them as necessary.

    2. We may remove your Beats or User Content or, where appropriate, suspend or terminate your access to the App or Services if we reasonably believe that any of the confirmations you provide above are false.

    3. If we pay you for your User Content or Beats, you agree to compensate, defend and keep us fully indemnified against any losses, damages, claims or legal proceedings brought against us by any person as a result of any of the confirmations you provide at section 9.1 above being false.

  10. TERMINATION

    1. These Terms are effective for as long as you use the App or Services, unless terminated by you or us under this section 10.

    2. In addition to our right to remove any content from the App or Services, we may suspend, restrict or terminate your access to the App and Services or terminate these Terms (including the App Licence) at any time without notice if we have reasonable grounds to believe you have materially breached any of these Terms. Suspension, restriction or termination of your access to the App or Services or these Terms does not limit our right to take any other action against you in accordance with applicable law. If we intend to stop providing the App or Services we will inform you in advance.

    3. You may terminate these Terms at any time by contacting customer service at support@raptech.co, but the right you grant us at section 6.3 (to keep your User Content or Beats hidden on the Services as long as there are users that have made use of, or are using your User Content or Beats and have created Secondary User Content) will continue in full force and effect after termination.

    4. Any other written agreement between you and Rap Tech will continue in full force and effect and the provisions of these Terms that are necessary to give effect to such agreement will continue to apply after termination.

    5. On termination: (i) you must stop using the App and the Services, and delete and uninstall all copies of the App and all related content from your device(s); and (ii) we may delete any personal or non-personal data you submitted or provided via the App or Services except where we are otherwise required to retain it by law.

  11. OUR LEGAL OBLIGATIONS

    1. Nothing in these Terms excludes or limits responsibility for death or personal injury caused by negligence or fraud or any other loss or damage which cannot be excluded or limited by law.

    2. To the extent permitted by applicable law, we are not responsible for:

      1. ​losses, damage, costs or expenses not caused by our breach of these Terms;

      2. the actions or omissions of other users of the App or Services;

      3. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage (for example, loss of profits) and where we could not have anticipated that type of loss arising when you agreed to these Terms;

      4. any harm, loss or damage suffered by you or anyone else if the App or Services are interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, failure of or delays in third party communications networks, acts of terrorism, or power failure).

  12. OUR RESPONSIBILITY

    1. We do not review User Content to check for copyright infringement. Because we have no control over User Content, you understand and agree that we are not responsible for its accuracy or availability, and we are not responsible for any User Content that appears on the App.

    2. You understand and accept that your access to the Services is dependent on connectivity over communications networks and facilities that we do not control and that your use of the Services may be subject to limitations, delays and other problems caused by the use of such networks and facilities.

    3. We can not promise that the User Content uploaded to the App or Services by other users will be owned or controlled by such users or that this User Content will not infringe the rights of others. We can not promise that your use of the Services will be uninterrupted or error free, or that the information obtained from the Services will be accurate, complete, current, or reliable. You understand and accept that where we have exercised reasonable care and skill in providing access to the Services, we are not responsible for any loss or damage that you may suffer as a result of any interruption or delay to your access to the Services, or as a result of any failure or error in the transfer of data over third party networks and facilities in connection with your use of the Services.

  13. THIRD PARTY SERVICES

    1. The Services may include and link to features, websites and services (such as Instagram, SoundCloud, Twitter, Facebook, and YouTube) that are provided by third parties. We do not control these third party sites or services and are not responsible for the content of these sites or services. Our inclusion of links does not mean that we endorse or are associated with any of these third parties. The terms applicable to use of that third party website or service will apply and we will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service. We recommend that you check the applicable third party service’s terms and conditions of use before using such third party service.

  14. DISPUTES AND COMPLAINTS

    1. Unless otherwise required by applicable law, any disputes in connection with these Terms will be governed by the laws of the England and Wales, and the parties consent to the exclusive jurisdiction of the English Courts (or the laws and courts of Scotland or Northern Ireland if you reside there). If the courts in your country will not apply the laws of England and Wales, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in England and Wales, then your local law and jurisdiction will apply to such disputes related to these Terms.

    2. Nothing in these Terms deprives you of your right under European law to bring a claim via the European Commission's Online Dispute Resolution mechanism (available at http://ec.europa.eu/odr).

    3. You can submit your opinions or complaints about the Services by contacting us using the contact details at section 17 below. This does not prevent you from making any legal claim or complaint to a regulator outside of this process.

  15. OTHER IMPORTANT LEGAL TERMS

    1. We can assign, sub-contract and otherwise transfer our rights and obligations under these Terms to any company, firm or person. You may only transfer your rights or obligations under these Terms with our prior written permission.

    2. If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and (subject to statutory limitation periods) we will still be entitled to enforce our rights and remedies against you in relation to that breach unless expressly agreed otherwise in writing.

    3. If any provision or part-provision of these Terms is or become invalid, illegal or unenforceable, it will be deemed deleted from these Terms.

    4. Except as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to use of the App and the Services and applies instead of any previous agreements, arrangements, undertakings or proposals between us and you relating to the use of the App and the Services.

    5. These Terms are not intended to and will not create any rights, entitlements, claims or benefits enforceable by any person who is not party to them. No person will get any benefit or have any right, entitlement or claim in relation to these Terms as a result of the Contract (Rights of Third Parties) Act 1999 or any similar law.

  16. RAP TECH PARTNERS

    1. ​Superpowered, Inc.
      https://www.superpowered.com/

  17. CONTACT AND COMPANY INFORMATION

    1. If you have any questions or comments about these Terms, please contact us at: support@raptech.co. If we have to contact you, we will do so by e-mail to the address you provide to us when you create your account.

    2. Rap Tech's company number is 11545298, our registered VAT number is 312894693, and our registered office is at 85 Great Portland Street, London, England, W1W 7LT.

About Rap Tech

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Used by over 5 million rappers, Rap Tech Studios are a leading rap app development company who specialize in combining our passion for hip hop with the latest advances in music technology.

We’ve created a suite of apps that support and inspire rap artists across the world to unleash their musical talent.

© 2020 Rap Tech Studios Ltd