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These Terms and Conditions of Use were posted on Jan 28, 2021 and are effective for new and existing users of Dolby On applications.
Other Important Notes about this policy:
Depending up on your place of residency, additional terms and conditions will apply, as set forth under the heading LOCATION SPECIFIC TERMS.
Overview
These Terms of Use (the “Terms”) constitute a legal agreement between you and Dolby Laboratories, Inc. and its subsidiaries (collectively, “Dolby” or “we”), governing your use of the Dolby On software application made available to you (the “App”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By accepting these Terms, you are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European Union General Data Protection Regulation (“GDPR”). See the Dispute Resolution and Arbitration section below for details.
1. LIMITED LICENSE. The App is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App as downloaded by you directly from Dolby or from a legitimate marketplace authorized by Dolby to distribute the App (including Apple’s App Store and Google’s Play Store) solely for your personal use in accordance with the documentation, and only on a mobile device that you own or control (“Device”).
2. USER CONTENT. The App allows you to record, process, enhance and locally store your original audio and video content through and onto your Device, including uploading unprocessed audio and video content directly from your Device (“User Content”). For the avoidance of doubt, “User Content” includes any such content shared via the Dolby On Support Feature (as further described below). You retain all rights and ownership in your User Content and Dolby does not claim any ownership rights in your User Content. Even though we do not claim ownership of your User Content, by using the App, you hereby grant (or warrant that the owner of such rights has expressly granted) to Dolby a perpetual, worldwide, transferable, royalty-free, irrevocable, non-exclusive right and license to use, copy, store, reproduce, process, adapt, translate, publish, transmit, edit, display, distribute and modify such User Content in any and all media now known or hereafter devised to provide and improve the App. You represent and warrant to Dolby that: (a) you have the full legal right, power and authority to grant us the license provided in these Terms, including that any User Content generated through the App uses music or other works for which you have all the necessary licenses, (b) the User Content shall not violate these Terms or infringe upon any rights, and, specifically, (c) you have only submitted User Content exclusively owned by and original to you and you have not entered into any agreements that would otherwise violate these terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Dolby does not systematically review User Content submitted by you or other users. Dolby is not responsible for the User Content provided by you or any other user. Dolby does not necessarily endorse any opinion contained in such materials. Dolby makes no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USER CONTENT AND YOU ASSUME ALL ASSOCIATED RISKS. IF YOU HAVE USER CONTENT OR OTHER INFORMATION YOU WANT TO KEEP CONFIDENTIAL AND/OR DO NOT WANT OTHERS TO USE, DO NOT USE THE APP AND DISTRIBUTE OR SHARE SUCH USER CONTENT OR INFORMATION THROUGH THE APP. DOLBY DOES NOT AND CANNOT GUARANTEE THAT YOUR USER CONTENT WILL NOT BE MISUSED BY OTHER USERS. DOLBY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S USE OR MISAPPROPRIATION OF ANY USER CONTENT.
3. USER CONTENT STANDARDS. The following content standards (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable federal, state and local laws and regulations. User Content shall not:
3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or lewd.
3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.3. Advocate violent behavior or pose a reasonable threat to personal or public safety.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, musician or artist.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that User Content emanates from or is endorsed by Dolby or any other person or entity if this is not the case.
3.12. Violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening.
4. PROHIBITED USES. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
4.1. To submit any User Content for music or other works that you do not have the right, license, authorization or permission to use.
4.2. To distribute, make derivative works of, or further reproduce the App.
4.3. To interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism.
4.4. To decompile, reverse engineer, access or attempt to access the source code for the App (including any Third Party Software), or otherwise make or attempt to make any modification to the App.
4.5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
4.6. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.7. To send, knowingly receive, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
4.8. To transmit, or procure the sending of, any advertising or promotional material.
4.9. To impersonate or attempt to impersonate Dolby, a Dolby employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
5. DOLBY ON SUPPORT. The “Dolby On Support” feature of the App allows you to submit User Content (including associated metadata) to Dolby for the purpose of providing you software updates, product support, and other services to you (if any) related to the App (“Support”). Your use of this feature must comply with the Content Standards above, which may be updated from time to time. You hereby grant Dolby a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, process, copy, edit, distribute and modify the User Content you submit through the feature solely for Support. You further agree that this license includes the right for Dolby to make User Content submitted by you at the direction of Dolby, through the “Dolby On Support” feature, available to Dolby for the distribution or publication of such User Content on the App for marketing purposes. Such additional usage shall be subject to additional terms and conditions as further set forth in an agreement or other document between you and Dolby. Dolby may monitor and decide to remove or edit any User Content submitted via this feature. Dolby will use reasonable endeavors to respond to all your support questions within a reasonable time frame, but Dolby makes no promises that any queries submitted via the “Dolby On Support” feature will be responded to within any particular time frame and/or that Dolby will be able to answer any such queries. Dolby has no obligation to provide maintenance, support, updates, enhancements or modifications.
6. FEEDBACK. If you provide feedback, ideas or suggestions to Dolby in connection with the App (“Feedback”), you acknowledge that Feedback is not confidential, and you authorize Dolby to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
7. RESERVATION OF RIGHTS. The App is owned by Dolby. The content, visual interfaces, look and feel, interactive features, sound and video tools, information, graphics, design, compilation, computer code and all other elements of the App (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws. As between you and Dolby, all Dolby Materials, including intellectual property rights therein, are the sole and exclusive property of Dolby. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest to the App and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in these Terms.
8. EXTERNAL SERVICES. The App may allow access to certain third-party applications, services, content and websites (collectively and individually, “External Services”) including, without limitation, for the purpose of sharing or distributing User Content on social media sites or applications. You understand and agree that any social media features (such as sharing to Facebook or Instagram) are enabled by you when using such features. Dolby is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services, including for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such External Services. You agree that any User Content shared via External Services will be subject to the privacy policies terms and conditions of those External Services, which may have different rights, rules and policies than provided herein. Data displayed by any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Dolby or its agents. YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH EXTERNAL SERVICES ACCESSED OR MADE AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION COMPLIANCE WITH ANY APPLICABLE TERMS AND PAYMENT OF ANY APPLICABLE FEES (SUCH AS DATA OR CONNECTION FEES) TO THIRD PARTIES.
9. THIRD PARTY TERMS. The App may include third-party software (“Third Party Software”) available to you through the App under separate license terms (the “Third Party Terms”). Dolby provides to you a list (as set forth below) of such Third-Party Software and the applicable Third-Party Terms. Your use of the App in a manner consistent with these Terms is permitted, however you may have additional rights under the applicable Third-Party Terms. Nothing in these Terms reduces, or is intended to reduce, your rights to obtain and use such Third-Party Software under the Third-Party Terms. ALL THIRD-PARTY SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
10. TERM AND TERMINATION. These Terms will remain in effect until terminated. The Terms, and your rights and licenses hereunder, will terminate immediately and automatically upon your breach of the Terms. You may terminate the Terms at any time by ceasing all use of the App and uninstalling the App from all Devices. Dolby may terminate these Terms at any time for any reason, including any misuse by you of the App. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of these Terms.
11. MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the App or portions of the App, or to modify these Terms. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the Terms materially alters your rights hereunder, such materially modified Terms will be effective upon the earlier of your use of the App with actual knowledge of the changes or your download of an update of the App after the date of such modification to the Terms. In any event, no modification of these Terms will apply to any Dispute (defined below) between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the Terms or any modifications thereof, your sole and exclusive remedy is to terminate the Terms as set forth in Section 9.
12. WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE APP (INCLUDING THIRD PARTY SOFTWARE, SUPPORT AND EXTERNAL SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND AND IN NO EVENT SHALL DOLBY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, TO ANY USER CONTENT, LOSS OR DAMAGE TO ANY USER CONTENT OR OTHER MATERIALS OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP (INCLUDING THIRD PARTY SOFTWARE), EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP (IF ANY) OR $50 USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH AN EVENT SUCH LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
14. INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law, regulation or these Terms arising out of or related to User Content or your use or misuse of the App.
15. PRIVACY POLICY. Dolby’s Privacy Policy, which is incorporated into these Terms by reference, describes what kind of data we collect and how we use and share that data. By downloading or otherwise using this App, you expressly consent to the terms of Dolby’s Privacy Policy. For more information, please review the Privacy Policy available here: https://www.dolby.com/about/legal/privacy/privacy-policy/. For any External Services made available through Facebook, you understand that Facebook may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Facebook’s Data Policy available here: https://www.facebook.com/about/privacy/. By enabling such External Services through Facebook, you agree to Facebook’s data collection and processing.
16. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. We are committed to complying with copyright and related laws, and we require all users of the App to comply with these laws. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to investigate any allegations of a user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our designated agent with the following in writing (see § 17 U.S.C. 512(c)(3) for further detail):
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material, that you claim is infringing, is located on the App and information reasonably sufficient to permit Dolby to locate the material;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Dolby’s designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Dolby Laboratories, Inc.
Attn: Legal Department, Copyright Agent
1275 Market Street, San Francisco, CA 94103
USA
By E-Mail: copyright@Dolby.com Subject line: DMCA
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Upon our receipt of a proper notice of claimed infringement under the DMCA, Dolby will take appropriate steps to disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.
17. COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages or by through the settings in your Device.
18. DISPUTE RESOLUTION AND ARBITRATION.
18.1. No Class Actions and Severability. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the GDPR. You agree as follows: (a) you will not seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 17 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. “Disputes” means any dispute, action, controversy or claim arising under these Terms or in connection with the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
18.2. Arbitration of Disputes. If you are located in a jurisdiction in which this Section 18.2. is enforceable, the following mandatory arbitration provisions apply to you:
18.2.1. Agreement to Arbitrate. You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including without limitation whether or not any part of these Terms is void or voidable.
18.2.2. Disputes Excluded from Arbitration. You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the GDPR; or (e) file suit in a court of law to address an intellectual property rights infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
18.2.3. Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out above) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address. You will send your notice to copyright@Dolby.com, or to:
Dolby Laboratories, Inc.
Attn: Privacy – Legal
1275 Market Street
San Francisco, CA 94103-1410
USA
After 60 days, if the Dispute is not resolved, you or we may commence arbitration if you or we desire to continue the Dispute.
18.2.4. Commencing Arbitration. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
18.2.5. Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your mailing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.6. During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (i) the amount awarded by the arbitrator or (ii) $10,000.
20. EXPORT CONTROLS. You may not download or use the App if (a) you are located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
21. NOTICE TO APP STORE USERS. The provisions of this Section 21 only apply to you if you obtained the App from one of the following locations:
Apple’s App Store You acknowledge that these Terms are between you and Dolby only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
Google’s Play Store. You acknowledge that these Terms are between you and Dolby only, not with Google, and Google is not responsible for the App or the content thereof. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Google and Google will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App. Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Google is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Android-branded products and as permitted by the usage rules set forth in the Google Play Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Google, and Google’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
- GENERAL PROVISIONS. These Terms are the entire agreement between you and Dolby regarding the App, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the App. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions of these Terms will continue in full force and effect. You may not assign these Terms without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign these Terms without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms. If you are an agent of the US Government, the App is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of these Terms only. Sections 2-4, 5-9, 11-16, 18-19 and 20 will survive any termination of these Terms.
- CONTACTING DOLBY. The App is offered by Dolby, which can be contacted by email at DolbyOnSupport@Dolby.com.
Product Specific Terms
Dolby On iOS v.1.11
These Terms of Use (the “Terms”) constitute a legal agreement between you and Dolby Laboratories, Inc. and its subsidiaries (collectively, “Dolby” or “we”), governing your use of the Dolby On software application made available to you (the “App”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By accepting these Terms, you are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European Union General Data Protection Regulation (“GDPR”). See the Dispute Resolution and Arbitration section below for details.
- LIMITED LICENSE. The App is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App as downloaded by you directly from Dolby or from a legitimate marketplace authorized by Dolby to distribute the App (including Apple’s App Store) solely for your personal use in accordance with the documentation, and only on a mobile device that you own or control (“Device”).
- USER CONTENT. The App allows you to record, process, enhance and locally store your original audio and video content through and onto your Device, including uploading unprocessed audio and video content directly from your Device (“User Content”). For the avoidance of doubt, “User Content” includes any such content shared via the Dolby On Support Feature (as further described below). You retain all rights and ownership in your User Content and Dolby does not claim any ownership rights in your User Content. Even though we do not claim ownership of your User Content, by using the App, you hereby grant (or warrant that the owner of such rights has expressly granted) to Dolby a perpetual, worldwide, transferable, royalty-free, irrevocable, non-exclusive right and license to use, copy, store, reproduce, process, adapt, translate, publish, transmit, edit, display, distribute and modify such User Content in any and all media now known or hereafter devised to provide and improve the App. You represent and warrant to Dolby that: (a) you have the full legal right, power and authority to grant us the license provided in these Terms, including that any User Content generated through the App uses music or other works for which you have all the necessary licenses, (b) the User Content shall not violate these Terms or infringe upon any rights, and, specifically, (c) you have only submitted User Content exclusively owned by and original to you and you have not entered into any agreements that would otherwise violate these terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Dolby does not systematically review User Content submitted by you or other users. Dolby is not responsible for the User Content provided by you or any other user. Dolby does not necessarily endorse any opinion contained in such materials. Dolby makes no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USER CONTENT AND YOU ASSUME ALL ASSOCIATED RISKS. IF YOU HAVE USER CONTENT OR OTHER INFORMATION YOU WANT TO KEEP CONFIDENTIAL AND/OR DO NOT WANT OTHERS TO USE, DO NOT USE THE APP AND DISTRIBUTE OR SHARE SUCH USER CONTENT OR INFORMATION THROUGH THE APP. DOLBY DOES NOT AND CANNOT GUARANTEE THAT YOUR USER CONTENT WILL NOT BE MISUSED BY OTHER USERS. DOLBY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S USE OR MISAPPROPRIATION OF ANY USER CONTENT.
- USER CONTENT STANDARDS. The following content standards (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable federal, state and local laws and regulations. User Content shall not:
3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or lewd.
3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.3. Advocate violent behavior or pose a reasonable threat to personal or public safety.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, musician or artist.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that User Content emanates from or is endorsed by Dolby or any other person or entity if this is not the case.
3.12. Violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening.
- PROHIBITED USES. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
4.1. To submit any User Content for music or other works that you do not have the right, license, authorization or permission to use.
4.2. To distribute, make derivative works of, or further reproduce the App.
4.3. To interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism.
4.4. To decompile, reverse engineer, access or attempt to access the source code for the App (including any Third Party Software), or otherwise make or attempt to make any modification to the App.
4.5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
4.6. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.7. To send, knowingly receive, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
4.8. To transmit, or procure the sending of, any advertising or promotional material.
4.9. To impersonate or attempt to impersonate Dolby, a Dolby employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- DOLBY ON SUPPORT. The “Dolby On Support” feature of the App allows you to submit User Content (including associated metadata) to Dolby for the purpose of providing you software updates, product support, and other services to you (if any) related to the App (“Support”). Your use of this feature must comply with the Content Standards above, which may be updated from time to time. You hereby grant Dolby a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, process, copy, edit, distribute and modify the User Content you submit through the feature solely for Support. You further agree that this license includes the right for Dolby to make User Content submitted by you at the direction of Dolby, through the “Dolby On Support” feature, available to Dolby for the distribution or publication of such User Content on the App for marketing purposes. Such additional usage shall be subject to additional terms and conditions as further set forth in an agreement or other document between you and Dolby. Dolby may monitor and decide to remove or edit any User Content submitted via this feature. Dolby will use reasonable endeavors to respond to all your support questions within a reasonable time frame, but Dolby makes no promises that any queries submitted via the “Dolby On Support” feature will be responded to within any particular time frame and/or that Dolby will be able to answer any such queries. Dolby has no obligation to provide maintenance, support, updates, enhancements or modifications.
- FEEDBACK. If you provide feedback, ideas or suggestions to Dolby in connection with the App (“Feedback”), you acknowledge that Feedback is not confidential, and you authorize Dolby to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
- RESERVATION OF RIGHTS. The App is owned by Dolby. The content, visual interfaces, look and feel, interactive features, sound and video tools, information, graphics, design, compilation, computer code and all other elements of the App (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws. As between you and Dolby, all Dolby Materials, including intellectual property rights therein, are the sole and exclusive property of Dolby. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest to the App and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in these Terms.
- EXTERNAL SERVICES. The App may allow access to certain third party applications, services, content and websites (collectively and individually, “External Services”) including, without limitation, for the purpose of sharing or distributing User Content on social media sites or applications. You understand and agree that any social media features (such as sharing to YouTube, Facebook or Instagram) are enabled by you when using such features. For any External Services made available through YouTube, including but not limited to YouTube Livestreaming, you understand that by enabling such External Service you agree to be bound by the YouTube Terms of Service. The YouTube Terms of Service are available at: https://www.youtube.com/t/terms. Dolby is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services, including for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such External Services. You agree that any User Content shared via External Services will be subject to the privacy policies terms and conditions of those External Services, which may have different rights, rules and policies than provided herein. Data displayed by any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Dolby or its agents. YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH EXTERNAL SERVICES ACCESSED OR MADE AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION COMPLIANCE WITH ANY APPLICABLE TERMS AND PAYMENT OF ANY APPLICABLE FEES (SUCH AS DATA OR CONNECTION FEES) TO THIRD PARTIES.
- THIRD PARTY TERMS. The App may include third-party software (“Third Party Software”) available to you through the App under separate license terms (the “Third Party Terms”). Dolby provides to you a list (as set forth below) of such Third Party Software and the applicable Third Party Terms. Your use of the App in a manner consistent with these Terms is permitted, however you may have additional rights under the applicable Third Party Terms. Nothing in these Terms reduces, or is intended to reduce, your rights to obtain and use such Third Party Software under the Third Party Terms. ALL THIRD PARTY SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
- TERM AND TERMINATION. These Terms will remain in effect until terminated. The Terms, and your rights and licenses hereunder, will terminate immediately and automatically upon your breach of the Terms. You may terminate the Terms at any time by ceasing all use of the App and uninstalling the App from all Devices. Dolby may terminate these Terms at any time for any reason, including any misuse by you of the App. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of these Terms.
- MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the App or portions of the App, or to modify these Terms. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the Terms materially alters your rights hereunder, such materially modified Terms will be effective upon the earlier of your use of the App with actual knowledge of the changes or your download of an update of the App after the date of such modification to the Terms. In any event, no modification of these Terms will apply to any Dispute (defined below) between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the Terms or any modifications thereof, your sole and exclusive remedy is to terminate the Terms as set forth in Section 9.
- WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE APP (INCLUDING THIRD PARTY SOFTWARE, SUPPORT AND EXTERNAL SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND AND IN NO EVENT SHALL DOLBY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, TO ANY USER CONTENT, LOSS OR DAMAGE TO ANY USER CONTENT OR OTHER MATERIALS OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP (INCLUDING THIRD PARTY SOFTWARE), EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP (IF ANY) OR $50 USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH AN EVENT SUCH LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law, regulation or these Terms arising out of or related to User Content or your use or misuse of the App.
- PRIVACY POLICY. Dolby’s Privacy Policy, which is incorporated into these Terms by reference, describes what kind of data we collect and how we use and share that data. By downloading or otherwise using this App, you expressly consent to the terms of Dolby’s Privacy Policy. For more information, please review the Privacy Policy available here: https://www.dolby.com/us/en/about/privacy/privacy-policy.html.
Facebook. For any External Services made available through Facebook, you understand that Facebook may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Facebook’s Data Policy available here: https://www.facebook.com/about/privacy/. By enabling such External Services through Facebook, you agree to Facebook’s data collection and processing.
Google/ YouTube. For any External Services made available through Google, you understand that Google may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Google’s Privacy Policy available here: https://www.google.com/policies/privacy/. If at any point you wish to revoke the App’s access to your Google data, you may do so via the Google Security Settings Page found here: https://security.google.com/settings/security/permissions
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. We are committed to complying with copyright and related laws, and we require all users of the App to comply with these laws. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our designated agent with the following in writing (see § 17 U.S.C. 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material, that you claim is infringing, is located on the App and information reasonably sufficient to permit Dolby to locate the material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Dolby’s designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Dolby Laboratories, Inc.
Attn: Legal Department, Copyright Agent
1275 Market Street, San Francisco, CA 94103
USA
By E-Mail: copyright@Dolby.com Subject line: DMCA
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.
- COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages or by through the settings in your Device.
- DISPUTE RESOLUTION AND ARBITRATION.
18.1. No Class Actions and Severability. YOU AND WE AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the GDPR. You agree as follows: (a) you will not seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 17 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. “Disputes” means any dispute, action, controversy or claim arising under these Terms or in connection with the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
18.2. Arbitration of Disputes.
18.2.1. Agreement to Arbitrate. You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including without limitation whether or not any part of these Terms is void or voidable.
18.2.2. Disputes Excluded from Arbitration. You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the GDPR; or (e) file suit in a court of law to address an intellectual property rights infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
18.2.3. Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out above) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address. You will send your notice to copyright@Dolby.com, or to:
Dolby Laboratories, Inc.
Attn: Privacy – Legal
1275 Market Street
San Francisco, CA 94103-1410
USA
After 60 days, if the Dispute is not resolved, you or we may commence arbitration if you or we desire to continue the Dispute.
18.2.4. Commencing Arbitration. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
18.2.5. Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your mailing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.6. During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (i) the amount awarded by the arbitrator or (ii) $10,000.
- GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all Disputes arising under these Terms or in connection with the App that are not subject to arbitration, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts, except as otherwise provided by the GDPR.
- EXPORT CONTROLS. You may not download or use the App if (a) you are located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
- NOTICE TO APP STORE USERS. The provisions of this Section 21 only apply to you if you obtained the App from Apple’s App Store. You acknowledge that these Terms are between you and Dolby only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
- GENERAL PROVISIONS. These Terms are the entire agreement between you and Dolby regarding the App, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the App. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions of these Terms will continue in full force and effect. You may not assign these Terms without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign these Terms without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms. If you are an agent of the US Government, the App is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of these Terms only. Sections 2-4, 5-9, 11-16, 18-19 and 20 will survive any termination of these Terms.
- CONTACTING DOLBY. The App is offered by Dolby, which can be contacted by email at DolbyOnSupport@Dolby.com.
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third Party Terms.
The App contains portions of the Bugfender SDK v1.10.0 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Facebook iOS SDK v9.3.0 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the GoogleSignIn SDK v5.0.2 that is subject to the terms of a separate license available at: https://developers.google.com/terms
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- DeviceGuru commit d51687ed10d28024c8d30155f0af722141043ade, Copyright © 2015 Inder Kumar Rathore
- GrowingTextView v0.7.2, Copyright © 2016 Kenneth Tsang
- MarkdownTextView v1.0.1, Copyright © 2014 Indragie Karunaratne
- MultipartFormDataKit v1.0.1, Copyright © 2017 Kuniwak
- PWSwitch v1.1.3, Copyright © 2016 Nikita Shanin
- Reachability.swift v5.1.0, Copyright © 2016 Ashley Mills
- RxSwift v5.1.1, Copyright © 2015 Krunoslav Zaher
- RxSwiftExt v5.2.0, Copyright © 2016 – RxSwiftCommunity
- SnapKit v5.0.1, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.9.4, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.1.2, Copyright © 2016 Khan Academy
- Swinject v2.7.1, Copyright © 2015 Swinject Contributors
- SwipeCellKit v2.7.1, Copyright © 2017 Jeremy Koch
- UPCarouselFlowLayout v1.1.2, Copyright © 2016 Paul Ulric
- Videocast-Swift v0.1.2, Copyright © 2018 CyberAgent, Inc.
- ZIPFoundation v0.9.11, Copyright © 2017 Thomas Zoechling
- Mimus v1.1.5, Copyright (c) 2017 AirHelp
- SwiftGen v6.4.0, Copyright (c) 2020 SwiftGen
- SwiftInfo v2.3.12, Copyright (c) 2019 SwiftRocks
- SwiftLint v0.41.0, Copyright (c) 2020 Realm Inc
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppAuth v1.4.0, Copyright © 2015 Google,Inc.
- GTMAppAuth v1.1.0, Copyright © 2015 Google,Inc.
- GTMSessionFetcher v1.5.0, Copyright © 2015 Google,Inc.
- Lottie v3.2.2, Copyright © 2018 Airbnb, Inc.
- Firebase v7.8.0, Copyright © 2017 Google, Inc.
- Realm v10.1.3, Copyright © 2011-2017 Realm Inc.
- AppsFlyerLib: v6.2.6, Copyright © 2018 AppsFlyer Ltd.
- EventSource v2.2.0, Copyright © 2015 Erlang Solutions Ltd.
- Quick v3.0.0, Copyright 2014, Quick Team
- Nimble v9.0.0, Copyright 2016 Quick Team
Dolby On iOS v.1.10
These Terms of Use (the “Terms”) constitute a legal agreement between you and Dolby Laboratories, Inc. and its subsidiaries (collectively, “Dolby” or “we”), governing your use of the Dolby On software application made available to you (the “App”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By accepting these Terms, you are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European Union General Data Protection Regulation (“GDPR”). See the Dispute Resolution and Arbitration section below for details.
1. LIMITED LICENSE. The App is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App as downloaded by you directly from Dolby or from a legitimate marketplace authorized by Dolby to distribute the App (including Apple’s App Store) solely for your personal use in accordance with the documentation, and only on a mobile device that you own or control (“Device”).
2. USER CONTENT. The App allows you to record, process, enhance and locally store your original audio and video content through and onto your Device, including uploading unprocessed audio and video content directly from your Device (“User Content”). For the avoidance of doubt, “User Content” includes any such content shared via the Dolby On Support Feature (as further described below). You retain all rights and ownership in your User Content and Dolby does not claim any ownership rights in your User Content. Even though we do not claim ownership of your User Content, by using the App, you hereby grant (or warrant that the owner of such rights has expressly granted) to Dolby a perpetual, worldwide, transferable, royalty-free, irrevocable, non-exclusive right and license to use, copy, store, reproduce, process, adapt, translate, publish, transmit, edit, display, distribute and modify such User Content in any and all media now known or hereafter devised to provide and improve the App. You represent and warrant to Dolby that: (a) you have the full legal right, power and authority to grant us the license provided in these Terms, including that any User Content generated through the App uses music or other works for which you have all the necessary licenses, (b) the User Content shall not violate these Terms or infringe upon any rights, and, specifically, (c) you have only submitted User Content exclusively owned by and original to you and you have not entered into any agreements that would otherwise violate these terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Dolby does not systematically review User Content submitted by you or other users. Dolby is not responsible for the User Content provided by you or any other user. Dolby does not necessarily endorse any opinion contained in such materials. Dolby makes no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USER CONTENT AND YOU ASSUME ALL ASSOCIATED RISKS. IF YOU HAVE USER CONTENT OR OTHER INFORMATION YOU WANT TO KEEP CONFIDENTIAL AND/OR DO NOT WANT OTHERS TO USE, DO NOT USE THE APP AND DISTRIBUTE OR SHARE SUCH USER CONTENT OR INFORMATION THROUGH THE APP. DOLBY DOES NOT AND CANNOT GUARANTEE THAT YOUR USER CONTENT WILL NOT BE MISUSED BY OTHER USERS. DOLBY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S USE OR MISAPPROPRIATION OF ANY USER CONTENT.
3. USER CONTENT STANDARDS. The following content standards (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable federal, state and local laws and regulations. User Content shall not:
3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or lewd.
3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.3. Advocate violent behavior or pose a reasonable threat to personal or public safety.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, musician or artist.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that User Content emanates from or is endorsed by Dolby or any other person or entity if this is not the case.
3.12. Violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening.
4. PROHIBITED USES. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
4.1. To submit any User Content for music or other works that you do not have the right, license, authorization or permission to use.
4.2. To distribute, make derivative works of, or further reproduce the App.
4.3. To interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism.
4.4. To decompile, reverse engineer, access or attempt to access the source code for the App (including any Third Party Software), or otherwise make or attempt to make any modification to the App.
4.5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
4.6. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.7. To send, knowingly receive, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
4.8. To transmit, or procure the sending of, any advertising or promotional material.
4.9. To impersonate or attempt to impersonate Dolby, a Dolby employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
5. DOLBY ON SUPPORT. The “Dolby On Support” feature of the App allows you to submit User Content (including associated metadata) to Dolby for the purpose of providing you software updates, product support, and other services to you (if any) related to the App (“Support”). Your use of this feature must comply with the Content Standards above, which may be updated from time to time. You hereby grant Dolby a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, process, copy, edit, distribute and modify the User Content you submit through the feature solely for Support. You further agree that this license includes the right for Dolby to make User Content submitted by you at the direction of Dolby, through the “Dolby On Support” feature, available to Dolby for the distribution or publication of such User Content on the App for marketing purposes. Such additional usage shall be subject to additional terms and conditions as further set forth in an agreement or other document between you and Dolby. Dolby may monitor and decide to remove or edit any User Content submitted via this feature. Dolby will use reasonable endeavors to respond to all your support questions within a reasonable time frame, but Dolby makes no promises that any queries submitted via the “Dolby On Support” feature will be responded to within any particular time frame and/or that Dolby will be able to answer any such queries. Dolby has no obligation to provide maintenance, support, updates, enhancements or modifications.
6. FEEDBACK. If you provide feedback, ideas or suggestions to Dolby in connection with the App (“Feedback”), you acknowledge that Feedback is not confidential, and you authorize Dolby to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
7. RESERVATION OF RIGHTS. The App is owned by Dolby. The content, visual interfaces, look and feel, interactive features, sound and video tools, information, graphics, design, compilation, computer code and all other elements of the App (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws. As between you and Dolby, all Dolby Materials, including intellectual property rights therein, are the sole and exclusive property of Dolby. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest to the App and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in these Terms.
8. EXTERNAL SERVICES. The App may allow access to certain third party applications, services, content and websites (collectively and individually, “External Services”) including, without limitation, for the purpose of sharing or distributing User Content on social media sites or applications. You understand and agree that any social media features (such as sharing to YouTube, Facebook or Instagram) are enabled by you when using such features. For any External Services made available through YouTube, including but not limited to YouTube Livestreaming, you understand that by enabling such External Service you agree to be bound by the YouTube Terms of Service. The YouTube Terms of Service are available at: https://www.youtube.com/t/terms. Dolby is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services, including for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such External Services. You agree that any User Content shared via External Services will be subject to the privacy policies terms and conditions of those External Services, which may have different rights, rules and policies than provided herein. Data displayed by any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Dolby or its agents. YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH EXTERNAL SERVICES ACCESSED OR MADE AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION COMPLIANCE WITH ANY APPLICABLE TERMS AND PAYMENT OF ANY APPLICABLE FEES (SUCH AS DATA OR CONNECTION FEES) TO THIRD PARTIES.
9. THIRD PARTY TERMS. The App may include third-party software (“Third Party Software”) available to you through the App under separate license terms (the “Third Party Terms”). Dolby provides to you a list (as set forth below) of such Third Party Software and the applicable Third Party Terms. Your use of the App in a manner consistent with these Terms is permitted, however you may have additional rights under the applicable Third Party Terms. Nothing in these Terms reduces, or is intended to reduce, your rights to obtain and use such Third Party Software under the Third Party Terms. ALL THIRD PARTY SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
10. TERM AND TERMINATION. These Terms will remain in effect until terminated. The Terms, and your rights and licenses hereunder, will terminate immediately and automatically upon your breach of the Terms. You may terminate the Terms at any time by ceasing all use of the App and uninstalling the App from all Devices. Dolby may terminate these Terms at any time for any reason, including any misuse by you of the App. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of these Terms.
11. MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the App or portions of the App, or to modify these Terms. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the Terms materially alters your rights hereunder, such materially modified Terms will be effective upon the earlier of your use of the App with actual knowledge of the changes or your download of an update of the App after the date of such modification to the Terms. In any event, no modification of these Terms will apply to any Dispute (defined below) between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the Terms or any modifications thereof, your sole and exclusive remedy is to terminate the Terms as set forth in Section 9.
12. WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE APP (INCLUDING THIRD PARTY SOFTWARE, SUPPORT AND EXTERNAL SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND AND IN NO EVENT SHALL DOLBY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, TO ANY USER CONTENT, LOSS OR DAMAGE TO ANY USER CONTENT OR OTHER MATERIALS OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP (INCLUDING THIRD PARTY SOFTWARE), EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP (IF ANY) OR $50 USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH AN EVENT SUCH LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
14. INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law, regulation or these Terms arising out of or related to User Content or your use or misuse of the App.
15. PRIVACY POLICY. Dolby’s Privacy Policy, which is incorporated into these Terms by reference, describes what kind of data we collect and how we use and share that data. By downloading or otherwise using this App, you expressly consent to the terms of Dolby’s Privacy Policy. For more information, please review the Privacy Policy available here: https://www.dolby.com/us/en/about/privacy/privacy-policy.html.
Facebook. For any External Services made available through Facebook, you understand that Facebook may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Facebook’s Data Policy available here: https://www.facebook.com/about/privacy/. By enabling such External Services through Facebook, you agree to Facebook’s data collection and processing.
Google/ YouTube. For any External Services made available through Google, you understand that Google may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Google’s Privacy Policy available here: https://www.google.com/policies/privacy/. If at any point you wish to revoke the App’s access to your Google data, you may do so via the Google Security Settings Page found here: https://security.google.com/settings/security/permissions
16. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. We are committed to complying with copyright and related laws, and we require all users of the App to comply with these laws. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our designated agent with the following in writing (see § 17 U.S.C. 512(c)(3) for further detail):
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material, that you claim is infringing, is located on the App and information reasonably sufficient to permit Dolby to locate the material;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Dolby’s designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Dolby Laboratories, Inc.
Attn: Legal Department, Copyright Agent
1275 Market Street, San Francisco, CA 94103
USA
By E-Mail: copyright@Dolby.com Subject line: DMCA
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.
17. COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages or by through the settings in your Device.
18. DISPUTE RESOLUTION AND ARBITRATION.
18.1. No Class Actions and Severability. YOU AND WE AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the GDPR. You agree as follows: (a) you will not seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 17 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. “Disputes” means any dispute, action, controversy or claim arising under these Terms or in connection with the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
18.2. Arbitration of Disputes.
18.2.1. Agreement to Arbitrate. You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including without limitation whether or not any part of these Terms is void or voidable.
18.2.2. Disputes Excluded from Arbitration. You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the GDPR; or (e) file suit in a court of law to address an intellectual property rights infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
18.2.3. Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out above) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address. You will send your notice to copyright@Dolby.com, or to:
Dolby Laboratories, Inc.
Attn: Privacy – Legal
1275 Market Street
San Francisco, CA 94103-1410
USA
After 60 days, if the Dispute is not resolved, you or we may commence arbitration if you or we desire to continue the Dispute.
18.2.4. Commencing Arbitration. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
18.2.5. Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your mailing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.6. During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (i) the amount awarded by the arbitrator or (ii) $10,000.
19. GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all Disputes arising under these Terms or in connection with the App that are not subject to arbitration, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts, except as otherwise provided by the GDPR.
20. EXPORT CONTROLS. You may not download or use the App if (a) you are located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
21. NOTICE TO APP STORE USERS. The provisions of this Section 21 only apply to you if you obtained the App from Apple’s App Store. You acknowledge that these Terms are between you and Dolby only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
22. GENERAL PROVISIONS. These Terms are the entire agreement between you and Dolby regarding the App, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the App. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions of these Terms will continue in full force and effect. You may not assign these Terms without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign these Terms without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms. If you are an agent of the US Government, the App is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of these Terms only. Sections 2-4, 5-9, 11-16, 18-19 and 20 will survive any termination of these Terms.
23. CONTACTING DOLBY. The App is offered by Dolby, which can be contacted by email at DolbyOnSupport@Dolby.com.
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third Party Terms.
The App contains portions of the Bugfender SDK v1.10.0 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Facebook iOS SDK v8.2.0 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the GoogleSignIn SDK v5.0.2 that is subject to the terms of a separate license available at: https://developers.google.com/terms
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- DeviceGuru commit d51687ed10d28024c8d30155f0af722141043ade, Copyright © 2015 Inder Kumar Rathore
- GrowingTextView v0.7.2, Copyright © 2016 Kenneth Tsang
- MarkdownTextView v1.0.1, Copyright © 2014 Indragie Karunaratne
- MultipartFormDataKit v1.0.1, Copyright © 2017 Kuniwak
- PWSwitch v1.1.3, Copyright © 2016 Nikita Shanin
- Reachability.swift v5.1.0, Copyright © 2016 Ashley Mills
- RxSwift v5.1.1, Copyright © 2015 Krunoslav Zaher
- RxSwiftExt v5.2.0, Copyright © 2016 – RxSwiftCommunity
- SnapKit v5.0.1, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.9.3, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.0.3, Copyright © 2016 Khan Academy
- Swinject v2.7.1, Copyright © 2015 Swinject Contributors
- SwipeCellKit v2.7.1, Copyright © 2017 Jeremy Koch
- UPCarouselFlowLayout v1.1.2, Copyright © 2016 Paul Ulric
- Videocast-Swift v0.1.2, Copyright © 2018 CyberAgent, Inc.
- ZIPFoundation v0.9.11, Copyright © 2017 Thomas Zoechling
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppAuth v1.4.0, Copyright © 2015 Google,Inc.
- GTMAppAuth v1.1.0, Copyright © 2015 Google,Inc.
- GTMSessionFetcher v1.5.0, Copyright © 2015 Google,Inc.
- Lottie v3.1.9, Copyright © 2018 Airbnb, Inc.
- Firebase v7.1.0, Copyright © 2017 Google, Inc.
- Realm v10.1.3, Copyright © 2011-2017 Realm Inc.
- AppsFlyerLib: v6.1.0, Copyright © 2018 AppsFlyer Ltd.
- EventSource v2.2.0, Copyright © 2015 Erlang Solutions Ltd.
Dolby On iOS v.1.8.1
These Terms of Use (the “Terms”) constitute a legal agreement between you and Dolby Laboratories, Inc. and its subsidiaries (collectively, “Dolby” or “we”), governing your use of the Dolby On software application made available to you (the “App”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By accepting these Terms, you are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European Union General Data Protection Regulation (“GDPR”). See the Dispute Resolution and Arbitration section below for details.
1. LIMITED LICENSE. The App is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App as downloaded by you directly from Dolby or from a legitimate marketplace authorized by Dolby to distribute the App (including Apple’s App Store) solely for your personal use in accordance with the documentation, and only on a mobile device that you own or control (“Device”).
2. USER CONTENT. The App allows you to record, process, enhance and locally store your original audio and video content through and onto your Device, including uploading unprocessed audio and video content directly from your Device (“User Content”). For the avoidance of doubt, “User Content” includes any such content shared via the Dolby On Support Feature (as further described below). You retain all rights and ownership in your User Content and Dolby does not claim any ownership rights in your User Content. Even though we do not claim ownership of your User Content, by using the App, you hereby grant (or warrant that the owner of such rights has expressly granted) to Dolby a perpetual, worldwide, transferable, royalty-free, irrevocable, non-exclusive right and license to use, copy, store, reproduce, process, adapt, translate, publish, transmit, edit, display, distribute and modify such User Content in any and all media now known or hereafter devised to provide and improve the App. You represent and warrant to Dolby that: (a) you have the full legal right, power and authority to grant us the license provided in these Terms, including that any User Content generated through the App uses music or other works for which you have all the necessary licenses, (b) the User Content shall not violate these Terms or infringe upon any rights, and, specifically, (c) you have only submitted User Content exclusively owned by and original to you and you have not entered into any agreements that would otherwise violate these terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Dolby does not systematically review User Content submitted by you or other users. Dolby is not responsible for the User Content provided by you or any other user. Dolby does not necessarily endorse any opinion contained in such materials. Dolby makes no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USER CONTENT AND YOU ASSUME ALL ASSOCIATED RISKS. IF YOU HAVE USER CONTENT OR OTHER INFORMATION YOU WANT TO KEEP CONFIDENTIAL AND/OR DO NOT WANT OTHERS TO USE, DO NOT USE THE APP AND DISTRIBUTE OR SHARE SUCH USER CONTENT OR INFORMATION THROUGH THE APP. DOLBY DOES NOT AND CANNOT GUARANTEE THAT YOUR USER CONTENT WILL NOT BE MISUSED BY OTHER USERS. DOLBY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S USE OR MISAPPROPRIATION OF ANY USER CONTENT.
3. USER CONTENT STANDARDS. The following content standards (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable federal, state and local laws and regulations. User Content shall not:
3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or lewd.
3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.3. Advocate violent behavior or pose a reasonable threat to personal or public safety.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, musician or artist.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that User Content emanates from or is endorsed by Dolby or any other person or entity if this is not the case.
3.12. Violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening.
4. PROHIBITED USES. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
4.1. To submit any User Content for music or other works that you do not have the right, license, authorization or permission to use.
4.2. To distribute, make derivative works of, or further reproduce the App.
4.3. To interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism.
4.4. To decompile, reverse engineer, access or attempt to access the source code for the App (including any Third Party Software), or otherwise make or attempt to make any modification to the App.
4.5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
4.6. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.7. To send, knowingly receive, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
4.8. To transmit, or procure the sending of, any advertising or promotional material.
4.9. To impersonate or attempt to impersonate Dolby, a Dolby employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
5. DOLBY ON SUPPORT. The “Dolby On Support” feature of the App allows you to submit User Content (including associated metadata) to Dolby for the purpose of providing you software updates, product support, and other services to you (if any) related to the App (“Support”). Your use of this feature must comply with the Content Standards above, which may be updated from time to time. You hereby grant Dolby a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, process, copy, edit, distribute and modify the User Content you submit through the feature solely for Support. You further agree that this license includes the right for Dolby to make User Content submitted by you at the direction of Dolby, through the “Dolby On Support” feature, available to Dolby for the distribution or publication of such User Content on the App for marketing purposes. Such additional usage shall be subject to additional terms and conditions as further set forth in an agreement or other document between you and Dolby. Dolby may monitor and decide to remove or edit any User Content submitted via this feature. Dolby will use reasonable endeavors to respond to all your support questions within a reasonable time frame, but Dolby makes no promises that any queries submitted via the “Dolby On Support” feature will be responded to within any particular time frame and/or that Dolby will be able to answer any such queries. Dolby has no obligation to provide maintenance, support, updates, enhancements or modifications.
6. FEEDBACK. If you provide feedback, ideas or suggestions to Dolby in connection with the App (“Feedback”), you acknowledge that Feedback is not confidential, and you authorize Dolby to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
7. RESERVATION OF RIGHTS. The App is owned by Dolby. The content, visual interfaces, look and feel, interactive features, sound and video tools, information, graphics, design, compilation, computer code and all other elements of the App (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws. As between you and Dolby, all Dolby Materials, including intellectual property rights therein, are the sole and exclusive property of Dolby. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest to the App and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in these Terms.
8. EXTERNAL SERVICES. The App may allow access to certain third party applications, services, content and websites (collectively and individually, “External Services”) including, without limitation, for the purpose of sharing or distributing User Content on social media sites or applications. You understand and agree that any social media features (such as sharing to YouTube, Facebook or Instagram) are enabled by you when using such features. For any External Services made available through YouTube, including but not limited to YouTube Livestreaming, you understand that by enabling such External Service you agree to be bound by the YouTube Terms of Service. The YouTube Terms of Service are available at: https://www.youtube.com/t/terms. Dolby is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services, including for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such External Services. You agree that any User Content shared via External Services will be subject to the privacy policies terms and conditions of those External Services, which may have different rights, rules and policies than provided herein. Data displayed by any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Dolby or its agents. YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH EXTERNAL SERVICES ACCESSED OR MADE AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION COMPLIANCE WITH ANY APPLICABLE TERMS AND PAYMENT OF ANY APPLICABLE FEES (SUCH AS DATA OR CONNECTION FEES) TO THIRD PARTIES.
9. THIRD PARTY TERMS. The App may include third-party software (“Third Party Software”) available to you through the App under separate license terms (the “Third Party Terms”). Dolby provides to you a list (as set forth below) of such Third Party Software and the applicable Third Party Terms. Your use of the App in a manner consistent with these Terms is permitted, however you may have additional rights under the applicable Third Party Terms. Nothing in these Terms reduces, or is intended to reduce, your rights to obtain and use such Third Party Software under the Third Party Terms. ALL THIRD PARTY SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
10. TERM AND TERMINATION. These Terms will remain in effect until terminated. The Terms, and your rights and licenses hereunder, will terminate immediately and automatically upon your breach of the Terms. You may terminate the Terms at any time by ceasing all use of the App and uninstalling the App from all Devices. Dolby may terminate these Terms at any time for any reason, including any misuse by you of the App. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of these Terms.
11. MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the App or portions of the App, or to modify these Terms. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the Terms materially alters your rights hereunder, such materially modified Terms will be effective upon the earlier of your use of the App with actual knowledge of the changes or your download of an update of the App after the date of such modification to the Terms. In any event, no modification of these Terms will apply to any Dispute (defined below) between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the Terms or any modifications thereof, your sole and exclusive remedy is to terminate the Terms as set forth in Section 9.
12. WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE APP (INCLUDING THIRD PARTY SOFTWARE, SUPPORT AND EXTERNAL SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND AND IN NO EVENT SHALL DOLBY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, TO ANY USER CONTENT, LOSS OR DAMAGE TO ANY USER CONTENT OR OTHER MATERIALS OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP (INCLUDING THIRD PARTY SOFTWARE), EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP (IF ANY) OR $50 USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH AN EVENT SUCH LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
14. INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law, regulation or these Terms arising out of or related to User Content or your use or misuse of the App.
15. PRIVACY POLICY. Dolby’s Privacy Policy, which is incorporated into these Terms by reference, describes what kind of data we collect and how we use and share that data. By downloading or otherwise using this App, you expressly consent to the terms of Dolby’s Privacy Policy. For more information, please review the Privacy Policy available here: https://www.dolby.com/us/en/about/privacy/privacy-policy.html.
Facebook. For any External Services made available through Facebook, you understand that Facebook may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Facebook’s Data Policy available here: https://www.facebook.com/about/privacy/. By enabling such External Services through Facebook, you agree to Facebook’s data collection and processing.
Google/ YouTube. For any External Services made available through Google, you understand that Google may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Google’s Privacy Policy available here: https://www.google.com/policies/privacy/. If at any point you wish to revoke the App’s access to your Google data, you may do so via the Google Security Settings Page found here: https://security.google.com/settings/security/permissions
16. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. We are committed to complying with copyright and related laws, and we require all users of the App to comply with these laws. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our designated agent with the following in writing (see § 17 U.S.C. 512(c)(3) for further detail):
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material, that you claim is infringing, is located on the App and information reasonably sufficient to permit Dolby to locate the material;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Dolby’s designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Dolby Laboratories, Inc.
Attn: Legal Department, Copyright Agent
1275 Market Street, San Francisco, CA 94103
USA
By E-Mail: copyright@Dolby.com Subject line: DMCA
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.
17. COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages or by through the settings in your Device.
18. DISPUTE RESOLUTION AND ARBITRATION.
18.1. No Class Actions and Severability. YOU AND WE AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the GDPR. You agree as follows: (a) you will not seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 17 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. “Disputes” means any dispute, action, controversy or claim arising under these Terms or in connection with the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
18.2. Arbitration of Disputes.
18.2.1. Agreement to Arbitrate. You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including without limitation whether or not any part of these Terms is void or voidable.
18.2.2. Disputes Excluded from Arbitration. You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the GDPR; or (e) file suit in a court of law to address an intellectual property rights infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
18.2.3. Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out above) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address. You will send your notice to copyright@Dolby.com, or to:
Dolby Laboratories, Inc.
Attn: Privacy – Legal
1275 Market Street
San Francisco, CA 94103-1410
USA
After 60 days, if the Dispute is not resolved, you or we may commence arbitration if you or we desire to continue the Dispute.
18.2.4. Commencing Arbitration. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
18.2.5. Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your mailing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.6. During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (i) the amount awarded by the arbitrator or (ii) $10,000.
19. GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all Disputes arising under these Terms or in connection with the App that are not subject to arbitration, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts, except as otherwise provided by the GDPR.
20. EXPORT CONTROLS. You may not download or use the App if (a) you are located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
21. NOTICE TO APP STORE USERS. The provisions of this Section 21 only apply to you if you obtained the App from Apple’s App Store. You acknowledge that these Terms are between you and Dolby only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
22. GENERAL PROVISIONS. These Terms are the entire agreement between you and Dolby regarding the App, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the App. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions of these Terms will continue in full force and effect. You may not assign these Terms without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign these Terms without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms. If you are an agent of the US Government, the App is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of these Terms only. Sections 2-4, 5-9, 11-16, 18-19 and 20 will survive any termination of these Terms.
23. CONTACTING DOLBY. The App is offered by Dolby, which can be contacted by email at DolbyOnSupport@Dolby.com.
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third Party Terms.
The App contains portions of the Bugfender SDK v1.9.2 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Facebook iOS SDK v7.1.1 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the GoogleSignIn SDK v5.0.2 that is subject to the terms of a separate license available at: https://developers.google.com/terms
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- DeviceGuru v6.0.4, Copyright © 2015 Inder Kumar Rathore
- GrowingTextView v0.7.2, Copyright © 2016 Kenneth Tsang
- MarkdownTextView v1.0.1, Copyright © 2014 Indragie Karunaratne
- MultipartFormDataKit v1.0.1, Copyright © 2017 Kuniwak
- PWSwitch v1.1.3, Copyright © 2016 Nikita Shanin
- Reachability.swift v5.0.0, Copyright © 2016 Ashley Mills
- RxSwift v5.1.1, Copyright © 2015 Krunoslav Zaher
- RxSwiftExt v5.2.0, Copyright © 2016 – RxSwiftCommunity
- SnapKit v5.0.1, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.9.1, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.0.3, Copyright © 2016 Khan Academy
- Swinject v2.7.1, Copyright © 2015 Swinject Contributors
- SwipeCellKit v2.7.1, Copyright © 2017 Jeremy Koch
- UPCarouselFlowLayout v1.1.2, Copyright © 2016 Paul Ulric
- Videocast-Swift v0.1.2, Copyright © 2018 CyberAgent, Inc.
- ZIPFoundation v0.9.11, Copyright © 2017 Thomas Zoechling
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppAuth v1.4.0, Copyright © 2015 Google,Inc.
- GTMAppAuth v1.0.0, Copyright © 2015 Google,Inc.
- GTMSessionFetcher v1.4.1, Copyright © 2015 Google,Inc.
- Lottie v3.1.8, Copyright © 2018 Airbnb, Inc.
- Firebase v6.31.0, Copyright © 2017 Google, Inc.
- Realm v5.4.3, Copyright © 2011-2017 Realm Inc.
- AppsFlyerLib: v6.0.3, Copyright © 2018 AppsFlyer Ltd.
- EventSource v2.2.0, Copyright © 2015 Erlang Solutions Ltd.
Dolby On iOS v.1.7
These Terms of Use (the “Terms”) constitute a legal agreement between you and Dolby Laboratories, Inc. and its subsidiaries (collectively, “Dolby” or “we”), governing your use of the Dolby On software application made available to you (the “App”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By accepting these Terms, you are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European Union General Data Protection Regulation (“GDPR”). See the Dispute Resolution and Arbitration section below for details.
1. LIMITED LICENSE. The App is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App as downloaded by you directly from Dolby or from a legitimate marketplace authorized by Dolby to distribute the App (including Apple’s App Store) solely for your personal use in accordance with the documentation, and only on a mobile device that you own or control (“Device”).
2. USER CONTENT. The App allows you to record, process, enhance and locally store your original audio and video content through and onto your Device, including uploading unprocessed audio and video content directly from your Device (“User Content”). For the avoidance of doubt, “User Content” includes any such content shared via the Dolby On Support Feature (as further described below). You retain all rights and ownership in your User Content and Dolby does not claim any ownership rights in your User Content. Even though we do not claim ownership of your User Content, by using the App, you hereby grant (or warrant that the owner of such rights has expressly granted) to Dolby a perpetual, worldwide, transferable, royalty-free, irrevocable, non-exclusive right and license to use, copy, store, reproduce, process, adapt, translate, publish, transmit, edit, display, distribute and modify such User Content in any and all media now known or hereafter devised to provide and improve the App. You represent and warrant to Dolby that: (a) you have the full legal right, power and authority to grant us the license provided in these Terms, including that any User Content generated through the App uses music or other works for which you have all the necessary licenses, (b) the User Content shall not violate these Terms or infringe upon any rights, and, specifically, (c) you have only submitted User Content exclusively owned by and original to you and you have not entered into any agreements that would otherwise violate these terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Dolby does not systematically review User Content submitted by you or other users. Dolby is not responsible for the User Content provided by you or any other user. Dolby does not necessarily endorse any opinion contained in such materials. Dolby makes no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USER CONTENT AND YOU ASSUME ALL ASSOCIATED RISKS. IF YOU HAVE USER CONTENT OR OTHER INFORMATION YOU WANT TO KEEP CONFIDENTIAL AND/OR DO NOT WANT OTHERS TO USE, DO NOT USE THE APP AND DISTRIBUTE OR SHARE SUCH USER CONTENT OR INFORMATION THROUGH THE APP. DOLBY DOES NOT AND CANNOT GUARANTEE THAT YOUR USER CONTENT WILL NOT BE MISUSED BY OTHER USERS. DOLBY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S USE OR MISAPPROPRIATION OF ANY USER CONTENT.
3. USER CONTENT STANDARDS. The following content standards (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable federal, state and local laws and regulations. User Content shall not:
3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or lewd.
3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.3. Advocate violent behavior or pose a reasonable threat to personal or public safety.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, musician or artist.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that User Content emanates from or is endorsed by Dolby or any other person or entity if this is not the case.
3.12. Violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening.
4. PROHIBITED USES. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
4.1. To submit any User Content for music or other works that you do not have the right, license, authorization or permission to use.
4.2. To distribute, make derivative works of, or further reproduce the App.
4.3. To interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism.
4.4. To decompile, reverse engineer, access or attempt to access the source code for the App (including any Third Party Software), or otherwise make or attempt to make any modification to the App.
4.5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
4.6. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.7. To send, knowingly receive, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
4.8. To transmit, or procure the sending of, any advertising or promotional material.
4.9. To impersonate or attempt to impersonate Dolby, a Dolby employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
5. DOLBY ON SUPPORT. The “Dolby On Support” feature of the App allows you to submit User Content (including associated metadata) to Dolby for the purpose of providing you software updates, product support, and other services to you (if any) related to the App (“Support”). Your use of this feature must comply with the Content Standards above, which may be updated from time to time. You hereby grant Dolby a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, process, copy, edit, distribute and modify the User Content you submit through the feature solely for Support. You further agree that this license includes the right for Dolby to make User Content submitted by you at the direction of Dolby, through the “Dolby On Support” feature, available to Dolby for the distribution or publication of such User Content on the App for marketing purposes. Such additional usage shall be subject to additional terms and conditions as further set forth in an agreement or other document between you and Dolby. Dolby may monitor and decide to remove or edit any User Content submitted via this feature. Dolby will use reasonable endeavors to respond to all your support questions within a reasonable time frame, but Dolby makes no promises that any queries submitted via the “Dolby On Support” feature will be responded to within any particular time frame and/or that Dolby will be able to answer any such queries. Dolby has no obligation to provide maintenance, support, updates, enhancements or modifications.
6. FEEDBACK. If you provide feedback, ideas or suggestions to Dolby in connection with the App (“Feedback”), you acknowledge that Feedback is not confidential, and you authorize Dolby to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
7. RESERVATION OF RIGHTS. The App is owned by Dolby. The content, visual interfaces, look and feel, interactive features, sound and video tools, information, graphics, design, compilation, computer code and all other elements of the App (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws. As between you and Dolby, all Dolby Materials, including intellectual property rights therein, are the sole and exclusive property of Dolby. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest to the App and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in these Terms.
8. EXTERNAL SERVICES. The App may allow access to certain third party applications, services, content and websites (collectively and individually, “External Services”) including, without limitation, for the purpose of sharing or distributing User Content on social media sites or applications. You understand and agree that any social media features (such as sharing to YouTube, Facebook or Instagram) are enabled by you when using such features. For any External Services made available through YouTube, including but not limited to YouTube Livestreaming, you understand that by enabling such External Service you agree to be bound by the YouTube Terms of Service. The YouTube Terms of Service are available at: https://www.youtube.com/t/terms. Dolby is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services, including for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such External Services. You agree that any User Content shared via External Services will be subject to the privacy policies terms and conditions of those External Services, which may have different rights, rules and policies than provided herein. Data displayed by any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Dolby or its agents. YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH EXTERNAL SERVICES ACCESSED OR MADE AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION COMPLIANCE WITH ANY APPLICABLE TERMS AND PAYMENT OF ANY APPLICABLE FEES (SUCH AS DATA OR CONNECTION FEES) TO THIRD PARTIES.
9. THIRD PARTY TERMS. The App may include third-party software (“Third Party Software”) available to you through the App under separate license terms (the “Third Party Terms”). Dolby provides to you a list (as set forth below) of such Third Party Software and the applicable Third Party Terms. Your use of the App in a manner consistent with these Terms is permitted, however you may have additional rights under the applicable Third Party Terms. Nothing in these Terms reduces, or is intended to reduce, your rights to obtain and use such Third Party Software under the Third Party Terms. ALL THIRD PARTY SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
10. TERM AND TERMINATION. These Terms will remain in effect until terminated. The Terms, and your rights and licenses hereunder, will terminate immediately and automatically upon your breach of the Terms. You may terminate the Terms at any time by ceasing all use of the App and uninstalling the App from all Devices. Dolby may terminate these Terms at any time for any reason, including any misuse by you of the App. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of these Terms.
11. MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the App or portions of the App, or to modify these Terms. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the Terms materially alters your rights hereunder, such materially modified Terms will be effective upon the earlier of your use of the App with actual knowledge of the changes or your download of an update of the App after the date of such modification to the Terms. In any event, no modification of these Terms will apply to any Dispute (defined below) between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the Terms or any modifications thereof, your sole and exclusive remedy is to terminate the Terms as set forth in Section 9.
12. WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE APP (INCLUDING THIRD PARTY SOFTWARE, SUPPORT AND EXTERNAL SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND AND IN NO EVENT SHALL DOLBY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, TO ANY USER CONTENT, LOSS OR DAMAGE TO ANY USER CONTENT OR OTHER MATERIALS OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP (INCLUDING THIRD PARTY SOFTWARE), EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP (IF ANY) OR $50 USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH AN EVENT SUCH LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
14. INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law, regulation or these Terms arising out of or related to User Content or your use or misuse of the App.
15. PRIVACY POLICY. Dolby’s Privacy Policy, which is incorporated into these Terms by reference, describes what kind of data we collect and how we use and share that data. By downloading or otherwise using this App, you expressly consent to the terms of Dolby’s Privacy Policy. For more information, please review the Privacy Policy available here: https://www.dolby.com/us/en/about/privacy/privacy-policy.html.
Facebook. For any External Services made available through Facebook, you understand that Facebook may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Facebook’s Data Policy available here: https://www.facebook.com/about/privacy/. By enabling such External Services through Facebook, you agree to Facebook’s data collection and processing.
Google/ YouTube. For any External Services made available through Google, you understand that Google may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Google’s Privacy Policy available here: https://www.google.com/policies/privacy/. If at any point you wish to revoke the App’s access to your Google data, you may do so via the Google Security Settings Page found here: https://security.google.com/settings/security/permissions
16. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. We are committed to complying with copyright and related laws, and we require all users of the App to comply with these laws. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our designated agent with the following in writing (see § 17 U.S.C. 512(c)(3) for further detail):
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material, that you claim is infringing, is located on the App and information reasonably sufficient to permit Dolby to locate the material;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Dolby’s designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Dolby Laboratories, Inc.
Attn: Legal Department, Copyright Agent
1275 Market Street, San Francisco, CA 94103
USA
By E-Mail: copyright@Dolby.com Subject line: DMCA
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.
17. COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages or by through the settings in your Device.
18. DISPUTE RESOLUTION AND ARBITRATION.
18.1. No Class Actions and Severability. YOU AND WE AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the GDPR. You agree as follows: (a) you will not seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 17 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. “Disputes” means any dispute, action, controversy or claim arising under these Terms or in connection with the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
18.2. Arbitration of Disputes.
18.2.1. Agreement to Arbitrate. You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including without limitation whether or not any part of these Terms is void or voidable.
18.2.2. Disputes Excluded from Arbitration. You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the GDPR; or (e) file suit in a court of law to address an intellectual property rights infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
18.2.3. Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out above) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address. You will send your notice to copyright@Dolby.com, or to:
Dolby Laboratories, Inc.
Attn: Privacy – Legal
1275 Market Street
San Francisco, CA 94103-1410
USA
After 60 days, if the Dispute is not resolved, you or we may commence arbitration if you or we desire to continue the Dispute.
18.2.4. Commencing Arbitration. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
18.2.5. Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your mailing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.6. During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (i) the amount awarded by the arbitrator or (ii) $10,000.
19. GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all Disputes arising under these Terms or in connection with the App that are not subject to arbitration, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts, except as otherwise provided by the GDPR.
20. EXPORT CONTROLS. You may not download or use the App if (a) you are located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
21. NOTICE TO APP STORE USERS. The provisions of this Section 21 only apply to you if you obtained the App from Apple’s App Store. You acknowledge that these Terms are between you and Dolby only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
22. GENERAL PROVISIONS. These Terms are the entire agreement between you and Dolby regarding the App, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the App. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions of these Terms will continue in full force and effect. You may not assign these Terms without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign these Terms without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms. If you are an agent of the US Government, the App is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of these Terms only. Sections 2-4, 5-9, 11-16, 18-19 and 20 will survive any termination of these Terms.
23. CONTACTING DOLBY. The App is offered by Dolby, which can be contacted by email at DolbyOnSupport@Dolby.com.
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third Party Terms.
The App contains portions of the Bugfender SDK v1.9.2 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Facebook iOS SDK v5.8.0 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the GoogleSignIn SDK v5.0.2 that is subject to the terms of a separate license available at: https://developers.google.com/terms
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- DeviceGuru v6.0.4, Copyright © 2015 Inder Kumar Rathore
- GrowingTextView v0.7.2, Copyright © 2016 Kenneth Tsang
- MarkdownTextView v1.0.1, Copyright © 2014 Indragie Karunaratne
- MultipartFormDataKit v1.0.1, Copyright © 2017 Kuniwak
- PWSwitch v1.1.3, Copyright © 2016 Nikita Shanin
- Reachability.swift v5.0.0, Copyright © 2016 Ashley Mills
- RxKeyboard v0.8.3, Copyright © 2016 Suyeol Jeon (xoul.kr)
- RxSwift v5.1.1, Copyright © 2015 Krunoslav Zaher
- RxSwiftExt v5.2.0, Copyright © 2016 – RxSwiftCommunity
- SnapKit v5.0.1, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.9.1, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.0.3, Copyright © 2016 Khan Academy
- Swinject v2.7.1, Copyright © 2015 Swinject Contributors
- SwipeCellKit v2.7.1, Copyright © 2017 Jeremy Koch
- UPCarouselFlowLayout v1.1.2, Copyright © 2016 Paul Ulric
- Videocast-Swift v0.1.2, Copyright © 2018 CyberAgent, Inc.
- ZIPFoundation v0.9.11, Copyright © 2017 Thomas Zoechling
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppAuth v1.3.0, Copyright © 2015 Google,Inc.
- GTMAppAuth v1.0.0, Copyright © 2015 Google,Inc.
- GTMSessionFetcher v1.3.1, Copyright © 2015 Google,Inc.
- Lottie v3.1.8, Copyright © 2018 Airbnb, Inc.
- Firebase v6.26.0, Copyright © 2017 Google, Inc.
- Realm v5.0.2, Copyright © 2011-2017 Realm Inc.
- EventSource v2.2.0, Copyright © 2015 Erlang Solutions Ltd.
Dolby On iOS v.1.6
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third-party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third-Party Terms.
The App contains portions of the Bugfender SDK v1.7.0 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Facebook iOS SDK v5.8.0 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- MultipartFormDataKit v1.0.1, Copyright © 2017 Kuniwak
- ZIPFoundation v0.9.11, Copyright © 2017 Thomas Zoechling
- RxSwift v5.1.1, Copyright © 2015 Krunoslav Zaher
- RxSwiftExt v5.2.0, Copyright © 2016 – RxSwiftCommunity
- PWSwitch v1.1.3, Copyright © 2016 Nikita Shanin
- DeviceGuru v6.0.4, Copyright © 2015 Inder Kumar Rathore
- SwipeCellKit v2.7.1, Copyright © 2017 Jeremy Koch
- MarkdownTextView v1.0.1, Copyright © 2014 Indragie Karunaratne
- UPCarouselFlowLayout v1.1.2, Copyright © 2016 Paul Ulric
- RxKeyboard v0.8.3, Copyright © 2016 Suyeol Jeon (xoul.kr)
- GrowingTextView v0.7.2, Copyright © 2016 Kenneth Tsang
- Swinject v2.7.1, Copyright © 2015 Swinject Contributors
- SnapKit v5.0.1, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.9.0, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.0.3, Copyright © 2016 Khan Academy
- Videocast-Swift v0.1.2, Copyright © 2018 CyberAgent, Inc.
- Reachability.swift v5.0.0, Copyright © 2016 Ashley Mills
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- Lottie v3.1.6, Copyright © 2018 Airbnb, Inc.
- Firebase v6.22.0, Copyright © 2017 Google, Inc.
- Realm v4.4.0, Copyright © 2011-2017 Realm Inc.
- EventSource v2.2.0, Copyright © 2015 Erlang Solutions Ltd.
Dolby On iOS v.1.5.1
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third Party Terms.
The App contains portions of the Bugfender SDK v1.6.4 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Fabric Software v1.10.1 that is subject to the terms of a separate license available at: https://fabric.io/terms/fabric. © 2018 Google, Inc.
The App contains portions of the Crashlytics Software v3.13.1 that is subject to the terms of a separate license available at: https://try.crashlytics.com/terms/terms-of-service.pdf. © 2015 Google, LLC
The App contains portions of the Facebook iOS SDK v4.44.1 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- MultipartFormDataKit v1.0.1, Copyright © 2017 Kuniwak
- ZIPFoundation v0.9.10, Copyright © 2017 Thomas Zoechling
- RxSwiftExt v5.2.0, Copyright © 2016
- RxSwiftCommunityRevenueCat v1.1.4, Copyright © 2017 Jacob Eiting
- PWSwitch v1.1.3, Copyright © 2016 Nikita Shanin
- DeviceGuru v6.0.3, Copyright © 2015 Inder Kumar Rathore
- SwipeCellKit v2.7.1, Copyright © 2017 Jeremy Koch
- MarkdownTextView v1.0.1, Copyright © 2014 Indragie Karunaratne
- UPCarouselFlowLayout v1.1.2, Copyright © 2016 Paul Ulric
- RxKeyboard v0.8.3, Copyright © 2016 Suyeol Jeon (xoul.kr)
- GrowingTextView v0.7.2, Copyright © 2016 Kenneth Tsang
- RxSwift v5.2.0, Copyright © 2015 Krunoslav Zaher
- Swinject v2.7.1, Copyright © 2015 Swinject Contributors
- SnapKit v5.0.1, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.8.4, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.0.3, Copyright © 2016 Khan Academy
- Videocast-Swift v0.1.2, Copyright © 2018 CyberAgent, Inc.
- Reachability.swift v5.0.0, Copyright © 2016 Ashley Mills
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- TrueTime.swift v5.0.0, Copyright © 2017 Maplebear Inc.
- AppReceiptValidator v0.6.4, Copyright © 2017 IdeasOnCanvas GmbH
- Lottie v3.1.5, Copyright © 2018 Airbnb, Inc.
- Firebase v6.15.0, Copyright © 2019 Google, Inc.
- Realm v4.3.1, Copyright © 2011-2017 Realm Inc.
- EventSource v2.2.0, Copyright © 2015 Inaka
Dolby On iOS v.1.5
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third-party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third-Party Terms.
The App contains portions of the Bugfender SDK v1.6.4 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Fabric Software v1.10.1 that is subject to the terms of a separate license available at: https://fabric.io/terms/fabric. © 2018 Google, Inc.
The App contains portions of the Crashlytics Software v3.13.1 that is subject to the terms of a separate license available at: https://try.crashlytics.com/terms/terms-of-service.pdf. © 2015 Google, LLC
The App contains portions of the Facebook iOS SDK v4.44.1 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- MultipartFormDataKit v1.0.1, Copyright © 2017 Kuniwak
- Result v4.0.0, Copyright © 2014 Rob Rix
- ZIPFoundation v0.9.9, Copyright © 2017 Thomas Zoechling
- RxSwiftExt v5.0.1, Copyright © 2016
- RxSwiftCommunityRevenueCat v1.1.4, Copyright © 2017 Jacob Eiting
- PWSwitch v1.1.3, Copyright © 2016 Nikita Shanin
- DeviceGuru v6.0.3, Copyright © 2015 Inder Kumar Rathore
- SwipeCellKit v2.7.1, Copyright © 2017 Jeremy Koch
- MarkdownTextView v1.0.1, Copyright © 2014 Indragie Karunaratne
- UPCarouselFlowLayout v1.1.2, Copyright © 2016 Paul Ulric
- RxKeyboard v0.8.3, Copyright © 2016 Suyeol Jeon (xoul.kr)
- GrowingTextView v0.7.2, Copyright © 2016 Kenneth Tsang
- RxSwift v5.2.0, Copyright © 2015 Krunoslav Zaher
- Swinject v2.6.2, Copyright © 2015 Swinject Contributors
- SnapKit v5.0.0, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.8.4, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.0.3, Copyright © 2016 Khan Academy
- Videocast-Swift v0.1.0, Copyright © 2018 CyberAgent, Inc.
- Reachability.swift v5.0.0, Copyright © 2016 Ashley Mills
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- TrueTime.swift v5.0.0, Copyright © 2017 Maplebear Inc.
- AppReceiptValidator v0.6.4, Copyright © 2017 IdeasOnCanvas GmbH
- Lottie v3.1.5, Copyright © 2018 Airbnb, Inc.
- Firebase v6.15.0, Copyright © 2019 Google, Inc.
- Realm v4.3.1, Copyright © 2011-2017 Realm Inc.
- EventSource v2.2.0, Copyright © 2015 Inaka
Dolby On iOS v.1.12
These Terms of Use (the “Terms”) constitute a legal agreement between you and Dolby Laboratories, Inc. and its subsidiaries (collectively, “Dolby” or “we”), governing your use of the Dolby On software application made available to you (the “App”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By accepting these Terms, you are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European Union General Data Protection Regulation (“GDPR”). See the Dispute Resolution and Arbitration section below for details.
- LIMITED LICENSE. The App is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App as downloaded by you directly from Dolby or from a legitimate marketplace authorized by Dolby to distribute the App (including Apple’s App Store) solely for your personal use in accordance with the documentation, and only on a mobile device that you own or control (“Device”).
- USER CONTENT. The App allows you to record, process, enhance and locally store your original audio and video content through and onto your Device, including uploading unprocessed audio and video content directly from your Device (“User Content”). For the avoidance of doubt, “User Content” includes any such content shared via the Dolby On Support Feature (as further described below). You retain all rights and ownership in your User Content and Dolby does not claim any ownership rights in your User Content. Even though we do not claim ownership of your User Content, by using the App, you hereby grant (or warrant that the owner of such rights has expressly granted) to Dolby a perpetual, worldwide, transferable, royalty-free, irrevocable, non-exclusive right and license to use, copy, store, reproduce, process, adapt, translate, publish, transmit, edit, display, distribute and modify such User Content in any and all media now known or hereafter devised to provide and improve the App. You represent and warrant to Dolby that: (a) you have the full legal right, power and authority to grant us the license provided in these Terms, including that any User Content generated through the App uses music or other works for which you have all the necessary licenses, (b) the User Content shall not violate these Terms or infringe upon any rights, and, specifically, (c) you have only submitted User Content exclusively owned by and original to you and you have not entered into any agreements that would otherwise violate these terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Dolby does not systematically review User Content submitted by you or other users. Dolby is not responsible for the User Content provided by you or any other user. Dolby does not necessarily endorse any opinion contained in such materials. Dolby makes no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USER CONTENT AND YOU ASSUME ALL ASSOCIATED RISKS. IF YOU HAVE USER CONTENT OR OTHER INFORMATION YOU WANT TO KEEP CONFIDENTIAL AND/OR DO NOT WANT OTHERS TO USE, DO NOT USE THE APP AND DISTRIBUTE OR SHARE SUCH USER CONTENT OR INFORMATION THROUGH THE APP. DOLBY DOES NOT AND CANNOT GUARANTEE THAT YOUR USER CONTENT WILL NOT BE MISUSED BY OTHER USERS. DOLBY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S USE OR MISAPPROPRIATION OF ANY USER CONTENT.
- USER CONTENT STANDARDS. The following content standards (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable federal, state and local laws and regulations. User Content shall not:
3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or lewd.
3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.3. Advocate violent behavior or pose a reasonable threat to personal or public safety.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, musician or artist.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that User Content emanates from or is endorsed by Dolby or any other person or entity if this is not the case.
3.12. Violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening.
- PROHIBITED USES. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
4.1. To submit any User Content for music or other works that you do not have the right, license, authorization or permission to use.
4.2. To distribute, make derivative works of, or further reproduce the App.
4.3. To interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism.
4.4. To decompile, reverse engineer, access or attempt to access the source code for the App (including any Third Party Software), or otherwise make or attempt to make any modification to the App.
4.5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
4.6. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.7. To send, knowingly receive, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
4.8. To transmit, or procure the sending of, any advertising or promotional material.
4.9. To impersonate or attempt to impersonate Dolby, a Dolby employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- DOLBY ON SUPPORT. The “Dolby On Support” feature of the App allows you to submit User Content (including associated metadata) to Dolby for the purpose of providing you software updates, product support, and other services to you (if any) related to the App (“Support”). Your use of this feature must comply with the Content Standards above, which may be updated from time to time. You hereby grant Dolby a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, process, copy, edit, distribute and modify the User Content you submit through the feature solely for Support. You further agree that this license includes the right for Dolby to make User Content submitted by you at the direction of Dolby, through the “Dolby On Support” feature, available to Dolby for the distribution or publication of such User Content on the App for marketing purposes. Such additional usage shall be subject to additional terms and conditions as further set forth in an agreement or other document between you and Dolby. Dolby may monitor and decide to remove or edit any User Content submitted via this feature. Dolby will use reasonable endeavors to respond to all your support questions within a reasonable time frame, but Dolby makes no promises that any queries submitted via the “Dolby On Support” feature will be responded to within any particular time frame and/or that Dolby will be able to answer any such queries. Dolby has no obligation to provide maintenance, support, updates, enhancements or modifications.
- FEEDBACK. If you provide feedback, ideas or suggestions to Dolby in connection with the App (“Feedback”), you acknowledge that Feedback is not confidential, and you authorize Dolby to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
- RESERVATION OF RIGHTS. The App is owned by Dolby. The content, visual interfaces, look and feel, interactive features, sound and video tools, information, graphics, design, compilation, computer code and all other elements of the App (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws. As between you and Dolby, all Dolby Materials, including intellectual property rights therein, are the sole and exclusive property of Dolby. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest to the App and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in these Terms.
- EXTERNAL SERVICES. The App may allow access to certain third party applications, services, content and websites (collectively and individually, “External Services”) including, without limitation, for the purpose of sharing or distributing User Content on social media sites or applications. You understand and agree that any social media features (such as sharing to YouTube, Facebook or Instagram) are enabled by you when using such features. For any External Services made available through YouTube, including but not limited to YouTube Livestreaming, you understand that by enabling such External Service you agree to be bound by the YouTube Terms of Service. The YouTube Terms of Service are available at: https://www.youtube.com/t/terms. Dolby is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services, including for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such External Services. You agree that any User Content shared via External Services will be subject to the privacy policies terms and conditions of those External Services, which may have different rights, rules and policies than provided herein. Data displayed by any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Dolby or its agents. YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH EXTERNAL SERVICES ACCESSED OR MADE AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION COMPLIANCE WITH ANY APPLICABLE TERMS AND PAYMENT OF ANY APPLICABLE FEES (SUCH AS DATA OR CONNECTION FEES) TO THIRD PARTIES.
- THIRD PARTY TERMS. The App may include third-party software (“Third Party Software”) available to you through the App under separate license terms (the “Third Party Terms”). Dolby provides to you a list (as set forth below) of such Third Party Software and the applicable Third Party Terms. Your use of the App in a manner consistent with these Terms is permitted, however you may have additional rights under the applicable Third Party Terms. Nothing in these Terms reduces, or is intended to reduce, your rights to obtain and use such Third Party Software under the Third Party Terms. ALL THIRD PARTY SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
- TERM AND TERMINATION. These Terms will remain in effect until terminated. The Terms, and your rights and licenses hereunder, will terminate immediately and automatically upon your breach of the Terms. You may terminate the Terms at any time by ceasing all use of the App and uninstalling the App from all Devices. Dolby may terminate these Terms at any time for any reason, including any misuse by you of the App. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of these Terms.
- MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the App or portions of the App, or to modify these Terms. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the Terms materially alters your rights hereunder, such materially modified Terms will be effective upon the earlier of your use of the App with actual knowledge of the changes or your download of an update of the App after the date of such modification to the Terms. In any event, no modification of these Terms will apply to any Dispute (defined below) between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the Terms or any modifications thereof, your sole and exclusive remedy is to terminate the Terms as set forth in Section 9.
- WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE APP (INCLUDING THIRD PARTY SOFTWARE, SUPPORT AND EXTERNAL SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND AND IN NO EVENT SHALL DOLBY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, TO ANY USER CONTENT, LOSS OR DAMAGE TO ANY USER CONTENT OR OTHER MATERIALS OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP (INCLUDING THIRD PARTY SOFTWARE), EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP (IF ANY) OR $50 USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH AN EVENT SUCH LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law, regulation or these Terms arising out of or related to User Content or your use or misuse of the App.
- PRIVACY POLICY. Dolby’s Privacy Policy, which is incorporated into these Terms by reference, describes what kind of data we collect and how we use and share that data. By downloading or otherwise using this App, you expressly consent to the terms of Dolby’s Privacy Policy. For more information, please review the Privacy Policy available here: https://www.dolby.com/us/en/about/privacy/privacy-policy.html.
Facebook. For any External Services made available through Facebook, you understand that Facebook may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Facebook’s Data Policy available here: https://www.facebook.com/about/privacy/. By enabling such External Services through Facebook, you agree to Facebook’s data collection and processing.
Google/ YouTube. For any External Services made available through Google, you understand that Google may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Google’s Privacy Policy available here: https://www.google.com/policies/privacy/. If at any point you wish to revoke the App’s access to your Google data, you may do so via the Google Security Settings Page found here: https://security.google.com/settings/security/permissions
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. We are committed to complying with copyright and related laws, and we require all users of the App to comply with these laws. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our designated agent with the following in writing (see § 17 U.S.C. 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material, that you claim is infringing, is located on the App and information reasonably sufficient to permit Dolby to locate the material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Dolby’s designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Dolby Laboratories, Inc.
Attn: Legal Department, Copyright Agent
1275 Market Street, San Francisco, CA 94103
USA
By E-Mail: copyright@Dolby.com Subject line: DMCA
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.
- COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages or by through the settings in your Device.
- DISPUTE RESOLUTION AND ARBITRATION.
18.1. No Class Actions and Severability. YOU AND WE AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the GDPR. You agree as follows: (a) you will not seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 17 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. “Disputes” means any dispute, action, controversy or claim arising under these Terms or in connection with the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
18.2. Arbitration of Disputes.
18.2.1. Agreement to Arbitrate. You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including without limitation whether or not any part of these Terms is void or voidable.
18.2.2. Disputes Excluded from Arbitration. You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the GDPR; or (e) file suit in a court of law to address an intellectual property rights infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
18.2.3. Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out above) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address. You will send your notice to copyright@Dolby.com, or to:
Dolby Laboratories, Inc.
Attn: Privacy – Legal
1275 Market Street
San Francisco, CA 94103-1410
USA
After 60 days, if the Dispute is not resolved, you or we may commence arbitration if you or we desire to continue the Dispute.
18.2.4. Commencing Arbitration. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
18.2.5. Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your mailing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.6. During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (i) the amount awarded by the arbitrator or (ii) $10,000.
- GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all Disputes arising under these Terms or in connection with the App that are not subject to arbitration, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts, except as otherwise provided by the GDPR.
- EXPORT CONTROLS. You may not download or use the App if (a) you are located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
- NOTICE TO APP STORE USERS. The provisions of this Section 21 only apply to you if you obtained the App from Apple’s App Store. You acknowledge that these Terms are between you and Dolby only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
- GENERAL PROVISIONS. These Terms are the entire agreement between you and Dolby regarding the App, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the App. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions of these Terms will continue in full force and effect. You may not assign these Terms without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign these Terms without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms. If you are an agent of the US Government, the App is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of these Terms only. Sections 2-4, 5-9, 11-16, 18-19 and 20 will survive any termination of these Terms.
- CONTACTING DOLBY. The App is offered by Dolby, which can be contacted by email at DolbyOnSupport@Dolby.com.
THIRD-PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third Party Terms.
The App contains portions of the Bugfender SDK v1.10.0 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Facebook iOS SDK v9.3.0 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the GoogleSignIn SDK v5.0.2 that is subject to the terms of a separate license available at: https://developers.google.com/terms
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- DeviceGuru commit d51687ed10d28024c8d30155f0af722141043ade, Copyright © 2015 Inder Kumar Rathore
- MultipartFormDataKit v1.0.1, Copyright © 2017 Kuniwak
- PWSwitch v1.1.3, Copyright © 2016 Nikita Shanin
- swift v5.1.0, Copyright © 2016 Ashley Mills
- RxSwift v5.1.2, Copyright © 2015 Krunoslav Zaher
- RxSwiftExt v5.2.0, Copyright © 2016 – RxSwiftCommunity
- SnapKit v5.0.1, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.9.4, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.1.2, Copyright © 2016 Khan Academy
- Swinject v2.7.1, Copyright © 2015 Swinject Contributors
- SwipeCellKit v2.7.1, Copyright © 2017 Jeremy Koch
- UPCarouselFlowLayout v1.1.2, Copyright © 2016 Paul Ulric
- Videocast-Swift v0.1.4, Copyright © 2018 CyberAgent, Inc.
- ZIPFoundation v0.9.11, Copyright © 2017 Thomas Zoechling
- Mimus v1.1.5, Copyright (c) 2017 AirHelp
- SwiftGen v6.4.0, Copyright (c) 2020 SwiftGen
- SwiftInfo v2.3.12, Copyright (c) 2019 SwiftRocks
- SwiftLint v0.41.0, Copyright (c) 2020 Realm Inc
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppAuth v1.4.0, Copyright © 2015 Google,Inc.
- GTMAppAuth v1.2.2, Copyright © 2015 Google,Inc.
- GTMSessionFetcher v1.5.0, Copyright © 2015 Google,Inc.
- Lottie v3.2.2, Copyright © 2018 Airbnb, Inc.
- Firebase v8.0.0, Copyright © 2017 Google, Inc.
- Realm v10.5.1, Copyright © 2011-2017 Realm Inc.
- AppsFlyerLib: v6.2.6, Copyright © 2018 AppsFlyer Ltd.
- EventSource v3.0.1, Copyright © 2015 Erlang Solutions Ltd.
- Quick v3.0.0, Copyright 2014, Quick Team
- Nimble v9.0.0, Copyright 2016 Quick Team
Dolby On iOS v.1.13
These Terms of Use (the “Terms”) constitute a legal agreement between you and Dolby Laboratories, Inc. and its subsidiaries (collectively, “Dolby” or “we”), governing your use of the Dolby On software application made available to you (the “App”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By accepting these Terms, you are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European Union General Data Protection Regulation (“GDPR”). See the Dispute Resolution and Arbitration section below for details.
- LIMITED LICENSE. The App is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App as downloaded by you directly from Dolby or from a legitimate marketplace authorized by Dolby to distribute the App (including Apple’s App Store) solely for your personal use in accordance with the documentation, and only on a mobile device that you own or control (“Device”).
- USER CONTENT. The App allows you to record, process, enhance and locally store your original audio and video content through and onto your Device, including uploading unprocessed audio and video content directly from your Device (“User Content”). For the avoidance of doubt, “User Content” includes any such content shared via the Dolby On Support Feature (as further described below). You retain all rights and ownership in your User Content and Dolby does not claim any ownership rights in your User Content. Even though we do not claim ownership of your User Content, by using the App, you hereby grant (or warrant that the owner of such rights has expressly granted) to Dolby a perpetual, worldwide, transferable, royalty-free, irrevocable, non-exclusive right and license to use, copy, store, reproduce, process, adapt, translate, publish, transmit, edit, display, distribute and modify such User Content in any and all media now known or hereafter devised to provide and improve the App. You represent and warrant to Dolby that: (a) you have the full legal right, power and authority to grant us the license provided in these Terms, including that any User Content generated through the App uses music or other works for which you have all the necessary licenses, (b) the User Content shall not violate these Terms or infringe upon any rights, and, specifically, (c) you have only submitted User Content exclusively owned by and original to you and you have not entered into any agreements that would otherwise violate these terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Dolby does not systematically review User Content submitted by you or other users. Dolby is not responsible for the User Content provided by you or any other user. Dolby does not necessarily endorse any opinion contained in such materials. Dolby makes no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USER CONTENT AND YOU ASSUME ALL ASSOCIATED RISKS. IF YOU HAVE USER CONTENT OR OTHER INFORMATION YOU WANT TO KEEP CONFIDENTIAL AND/OR DO NOT WANT OTHERS TO USE, DO NOT USE THE APP AND DISTRIBUTE OR SHARE SUCH USER CONTENT OR INFORMATION THROUGH THE APP. DOLBY DOES NOT AND CANNOT GUARANTEE THAT YOUR USER CONTENT WILL NOT BE MISUSED BY OTHER USERS. DOLBY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S USE OR MISAPPROPRIATION OF ANY USER CONTENT.
- USER CONTENT STANDARDS. The following content standards (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable federal, state and local laws and regulations. User Content shall not:
3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or lewd.
3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.3. Advocate violent behavior or pose a reasonable threat to personal or public safety.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, musician or artist.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that User Content emanates from or is endorsed by Dolby or any other person or entity if this is not the case.
3.12. Violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening.
- PROHIBITED USES. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
4.1. To submit any User Content for music or other works that you do not have the right, license, authorization or permission to use.
4.2. To distribute, make derivative works of, or further reproduce the App.
4.3. To interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism.
4.4. To decompile, reverse engineer, access or attempt to access the source code for the App (including any Third Party Software), or otherwise make or attempt to make any modification to the App.
4.5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
4.6. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.7. To send, knowingly receive, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
4.8. To transmit, or procure the sending of, any advertising or promotional material.
4.9. To impersonate or attempt to impersonate Dolby, a Dolby employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- DOLBY ON SUPPORT. The “Dolby On Support” feature of the App allows you to submit User Content (including associated metadata) to Dolby for the purpose of providing you software updates, product support, and other services to you (if any) related to the App (“Support”). Your use of this feature must comply with the Content Standards above, which may be updated from time to time. You hereby grant Dolby a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, process, copy, edit, distribute and modify the User Content you submit through the feature solely for Support. You further agree that this license includes the right for Dolby to make User Content submitted by you at the direction of Dolby, through the “Dolby On Support” feature, available to Dolby for the distribution or publication of such User Content on the App for marketing purposes. Such additional usage shall be subject to additional terms and conditions as further set forth in an agreement or other document between you and Dolby. Dolby may monitor and decide to remove or edit any User Content submitted via this feature. Dolby will use reasonable endeavors to respond to all your support questions within a reasonable time frame, but Dolby makes no promises that any queries submitted via the “Dolby On Support” feature will be responded to within any particular time frame and/or that Dolby will be able to answer any such queries. Dolby has no obligation to provide maintenance, support, updates, enhancements or modifications.
- FEEDBACK. If you provide feedback, ideas or suggestions to Dolby in connection with the App (“Feedback”), you acknowledge that Feedback is not confidential, and you authorize Dolby to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
- RESERVATION OF RIGHTS. The App is owned by Dolby. The content, visual interfaces, look and feel, interactive features, sound and video tools, information, graphics, design, compilation, computer code and all other elements of the App (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws. As between you and Dolby, all Dolby Materials, including intellectual property rights therein, are the sole and exclusive property of Dolby. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest to the App and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in these Terms.
- EXTERNAL SERVICES. The App may allow access to certain third party applications, services, content and websites (collectively and individually, “External Services”) including, without limitation, for the purpose of sharing or distributing User Content on social media sites or applications. You understand and agree that any social media features (such as sharing to YouTube, Facebook or Instagram) are enabled by you when using such features. For any External Services made available through YouTube, including but not limited to YouTube Livestreaming, you understand that by enabling such External Service you agree to be bound by the YouTube Terms of Service. The YouTube Terms of Service are available at: https://www.youtube.com/t/terms. Dolby is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services, including for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such External Services. You agree that any User Content shared via External Services will be subject to the privacy policies terms and conditions of those External Services, which may have different rights, rules and policies than provided herein. Data displayed by any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Dolby or its agents. YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH EXTERNAL SERVICES ACCESSED OR MADE AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION COMPLIANCE WITH ANY APPLICABLE TERMS AND PAYMENT OF ANY APPLICABLE FEES (SUCH AS DATA OR CONNECTION FEES) TO THIRD PARTIES.
- THIRD PARTY TERMS. The App may include third-party software (“Third Party Software”) available to you through the App under separate license terms (the “Third Party Terms”). Dolby provides to you a list (as set forth below) of such Third Party Software and the applicable Third Party Terms. Your use of the App in a manner consistent with these Terms is permitted, however you may have additional rights under the applicable Third Party Terms. Nothing in these Terms reduces, or is intended to reduce, your rights to obtain and use such Third Party Software under the Third Party Terms. ALL THIRD PARTY SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
- TERM AND TERMINATION. These Terms will remain in effect until terminated. The Terms, and your rights and licenses hereunder, will terminate immediately and automatically upon your breach of the Terms. You may terminate the Terms at any time by ceasing all use of the App and uninstalling the App from all Devices. Dolby may terminate these Terms at any time for any reason, including any misuse by you of the App. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of these Terms.
- MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the App or portions of the App, or to modify these Terms. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the Terms materially alters your rights hereunder, such materially modified Terms will be effective upon the earlier of your use of the App with actual knowledge of the changes or your download of an update of the App after the date of such modification to the Terms. In any event, no modification of these Terms will apply to any Dispute (defined below) between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the Terms or any modifications thereof, your sole and exclusive remedy is to terminate the Terms as set forth in Section 9.
- WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE APP (INCLUDING THIRD PARTY SOFTWARE, SUPPORT AND EXTERNAL SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND AND IN NO EVENT SHALL DOLBY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, TO ANY USER CONTENT, LOSS OR DAMAGE TO ANY USER CONTENT OR OTHER MATERIALS OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP (INCLUDING THIRD PARTY SOFTWARE), EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP (IF ANY) OR $50 USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH AN EVENT SUCH LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law, regulation or these Terms arising out of or related to User Content or your use or misuse of the App.
- PRIVACY POLICY. Dolby’s Privacy Policy, which is incorporated into these Terms by reference, describes what kind of data we collect and how we use and share that data. By downloading or otherwise using this App, you expressly consent to the terms of Dolby’s Privacy Policy. For more information, please review the Privacy Policy available here: https://www.dolby.com/us/en/about/privacy/privacy-policy.html.
Facebook. For any External Services made available through Facebook, you understand that Facebook may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Facebook’s Data Policy available here: https://www.facebook.com/about/privacy/. By enabling such External Services through Facebook, you agree to Facebook’s data collection and processing.
Google/ YouTube. For any External Services made available through Google, you understand that Google may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Google’s Privacy Policy available here: https://www.google.com/policies/privacy/. If at any point you wish to revoke the App’s access to your Google data, you may do so via the Google Security Settings Page found here: https://security.google.com/settings/security/permissions
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. We are committed to complying with copyright and related laws, and we require all users of the App to comply with these laws. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our designated agent with the following in writing (see § 17 U.S.C. 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material, that you claim is infringing, is located on the App and information reasonably sufficient to permit Dolby to locate the material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Dolby’s designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Dolby Laboratories, Inc.
Attn: Legal Department, Copyright Agent
1275 Market Street, San Francisco, CA 94103
USA
By E-Mail: copyright@Dolby.com Subject line: DMCA
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.
- COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages or by through the settings in your Device.
- DISPUTE RESOLUTION AND ARBITRATION.
18.1. No Class Actions and Severability. YOU AND WE AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the GDPR. You agree as follows: (a) you will not seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 17 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. “Disputes” means any dispute, action, controversy or claim arising under these Terms or in connection with the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
18.2. Arbitration of Disputes.
18.2.1. Agreement to Arbitrate. You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including without limitation whether or not any part of these Terms is void or voidable.
18.2.2. Disputes Excluded from Arbitration. You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the GDPR; or (e) file suit in a court of law to address an intellectual property rights infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
18.2.3. Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out above) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address. You will send your notice to copyright@Dolby.com, or to:
Dolby Laboratories, Inc.
Attn: Privacy – Legal
1275 Market Street
San Francisco, CA 94103-1410
USA
After 60 days, if the Dispute is not resolved, you or we may commence arbitration if you or we desire to continue the Dispute.
18.2.4. Commencing Arbitration. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
18.2.5. Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your mailing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.6. During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (i) the amount awarded by the arbitrator or (ii) $10,000.
- GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all Disputes arising under these Terms or in connection with the App that are not subject to arbitration, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts, except as otherwise provided by the GDPR.
- EXPORT CONTROLS. You may not download or use the App if (a) you are located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
- NOTICE TO APP STORE USERS. The provisions of this Section 21 only apply to you if you obtained the App from Apple’s App Store. You acknowledge that these Terms are between you and Dolby only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
- GENERAL PROVISIONS. These Terms are the entire agreement between you and Dolby regarding the App, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the App. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions of these Terms will continue in full force and effect. You may not assign these Terms without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign these Terms without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms. If you are an agent of the US Government, the App is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of these Terms only. Sections 2-4, 5-9, 11-16, 18-19 and 20 will survive any termination of these Terms.
- CONTACTING DOLBY. The App is offered by Dolby, which can be contacted by email at DolbyOnSupport@Dolby.com.
THIRD-PARTY TERMS
Pursuant to the Terms, your use of the App may include certain third party software licensed under separate license terms (the “Third Party Terms”). The following list sets forth such Third Party Terms.
The App contains portions of the Bugfender SDK v1.10.4 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Facebook iOS SDK v12.1.0 that is subject to the terms of a separate license available at: https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE © 2014-present Facebook, Inc.
The App contains portions of the GoogleSignIn SDK v6.0.2 that is subject to the terms of a separate license available at: https://developers.google.com/terms
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- DeviceGuru commit d51687ed10d28024c8d30155f0af722141043ade, Copyright © 2015 Inder Kumar Rathore
- RxSwift v5.1.3, Copyright © 2015 Krunoslav Zaher
- RxSwiftExt v5.2.0, Copyright © 2016 – RxSwiftCommunity
- SnapKit v5.0.1, Copyright © 2011-Present SnapKit Team
- SwiftyBeaver v1.9.5, Copyright © 2015 Sebastian Kreutzberger
- SwiftTweaks v4.1.2, Copyright © 2016 Khan Academy
- Swinject v2.8.1, Copyright © 2015 Swinject Contributors
- Videocast-Swift v0.1.4, Copyright © 2018 CyberAgent, Inc.
- ZIPFoundation v0.9.12, Copyright © 2017 Thomas Zoechling
- SwiftGen v6.5.1, Copyright (c) 2020 SwiftGen
- SwiftLint v0.41.0, Copyright (c) 2020 Realm Inc
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- Lottie v3.2.3, Copyright © 2018 Airbnb, Inc.
- Firebase v8.9.1, Copyright © 2017 Google, Inc.
- Realm v10.19.0, Copyright © 2011-2017 Realm Inc.
- AppsFlyerLib: v6.4.2 , Copyright © 2018 AppsFlyer Ltd.
Dolby On Android v1.8
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain Third-Party Software
licensed under separate Third-Party Terms. The following list sets forth such Third-Party
Terms.
The App contains portions of the Bugfender SDK v3.0.13 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015
Bugfender.
The App contains portions of the following software that are subject to the terms of the
Android SDK license available at: https://developer.android.com/studio/terms.html. ©
Google, Inc.
- Firebase Auth v21.0.3
- Firebase-core v20.1.2
- Firebase-analytics v 20.1.2
- Firebase Dynamic Links v21.0.1
- Firebase-perf: v20.0.6
- Firebase Messaging v23.0.2
The App contains portions of the following software that are subject to the terms of the
MIT License available at: https://opensource.org/licenses/MIT.
- BlurKit v1.1.0, Copyright © 2016 WonderKiln
- SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the
Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
The Android Open Source Project:
- AppCompat v1.4.1, Copyright © 2012 The Android Open Source Project
- Constraint v2.0.2, Copyright © 2017 The Android Open Source Project
- Core KTX v1.7.0, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.4.0, Copyright © 2017 The Android Open Source Project
- Databinding-runtime:v7.1.2, Copyright © 2015 The Android Open Source Project
- Google Services v 4.3.10, Copyright © 2015 The Android Open Source Project
- ExoPlayer v2.17.1, Copyright © 2016 The Android Open Source Project
- Material Design 1.4.0, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler 2.4.0, Copyright © 2017 The Android Open Source Project
- RecyclerView 1.2.1, Copyright © 2018 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The Android Open Source Project
- Media 1.4.3 Copyright © 2018 The Android Open Source Project
- Lifecycle runtime Ktx, v.2.4.1, Copyright © 2017 The Android Open Source Project
- Lifecycle viewmodel Ktx v.2.4.1 Copyright © 2017 The Android Open Source Project
- Lifecycle ReactiveStreams Ktx v.2.4.1 Copyright © 2017 The Android Open Source Project
- Fragment Ktx v.1.4.0 Copyright © 2018 The Android Open Source Project
- Room Ktx 2.3.0 Copyright © 2016 The Android Open Source Project
- Splashscreen v. 1.0.0.-alpha2, Copyright © 2018 The Android Open Source Project
Others:
- Firebase Inappmessaging Display 20.1.2 Copyright © 2020 Google, LLC.
- Firebase Crashlytics Ktx 18.2.9, Copyright © 2020 Google,LLC.
- Firebase Storage 20.0.1, Copyright © 2020 Google, LLC.
- AppsFlyer-Android-SDK: 6.5.4, Copyright © 2018 AppsFlyer Ltd.
- Cockpit v3.1.2, Copyright © 2018-2019 Polidea
- RxLint 1.7.7, Copyright 2016 Little Robots
- FacebookLogin 12.2.0, Copyright (c) 2014-present, Facebook, Inc. All rights reserved.
- EmailIntentBuilder v2.0.0, Copyright © 2015 cketti
- Koin v3.1.5, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib 1.6.10, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming Language contributors
- Lottie 5.0.3 Copyright © 2018 Airbnb, Inc.
- Media-sessions:v2.16.1 Copyright © 2018 The Android Open Source Project
- Moshi v1.13.0, Copyright © 2015 Square, Inc.
- OkHttp v4.10.0-RC1, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- Retrofit v2.9.0, Copyright © 2013 Square, Inc.
- rtmp-rtsp-stream-client-java v1.8.3, Copyright © 2017, Pedro Sánchez
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxCoroutines v. 1.15.2 Copyright © 2000-2020 JetBrains s.r.o. and Kotlin Programming Language contributors
- RxJava v2.2.21, Copyright © 2016-present, RXJava Contributors
- RxPreferences v2.0.1, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.1, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.3, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.4.0, Copyright © 2015 Jake Wharton
- Timber v5.0.1, Copyright © 2013 Jake Wharton
Dolby On Android v1.6
These Terms of Use (the “Terms”) constitute a legal agreement between you and Dolby Laboratories, Inc. and its subsidiaries (collectively, “Dolby” or “we”), governing your use of the Dolby On software application made available to you (the “App”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.
By accepting these Terms, you are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European Union General Data Protection Regulation (“GDPR”). See the Dispute Resolution and Arbitration section below for details.
- LIMITED LICENSE. The App is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App as downloaded by you directly from Dolby or from a legitimate marketplace authorized by Dolby to distribute the App (including Apple’s App Store) solely for your personal use in accordance with the documentation, and only on a mobile device that you own or control (“Device”).
- USER CONTENT. The App allows you to record, process, enhance and locally store your original audio and video content through and onto your Device, including uploading unprocessed audio and video content directly from your Device (“User Content”). For the avoidance of doubt, “User Content” includes any such content shared via the Dolby On Support Feature (as further described below). You retain all rights and ownership in your User Content and Dolby does not claim any ownership rights in your User Content. Even though we do not claim ownership of your User Content, by using the App, you hereby grant (or warrant that the owner of such rights has expressly granted) to Dolby a perpetual, worldwide, transferable, royalty-free, irrevocable, non-exclusive right and license to use, copy, store, reproduce, process, adapt, translate, publish, transmit, edit, display, distribute and modify such User Content in any and all media now known or hereafter devised to provide and improve the App. You represent and warrant to Dolby that: (a) you have the full legal right, power and authority to grant us the license provided in these Terms, including that any User Content generated through the App uses music or other works for which you have all the necessary licenses, (b) the User Content shall not violate these Terms or infringe upon any rights, and, specifically, (c) you have only submitted User Content exclusively owned by and original to you and you have not entered into any agreements that would otherwise violate these terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Dolby does not systematically review User Content submitted by you or other users. Dolby is not responsible for the User Content provided by you or any other user. Dolby does not necessarily endorse any opinion contained in such materials. Dolby makes no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USER CONTENT AND YOU ASSUME ALL ASSOCIATED RISKS. IF YOU HAVE USER CONTENT OR OTHER INFORMATION YOU WANT TO KEEP CONFIDENTIAL AND/OR DO NOT WANT OTHERS TO USE, DO NOT USE THE APP AND DISTRIBUTE OR SHARE SUCH USER CONTENT OR INFORMATION THROUGH THE APP. DOLBY DOES NOT AND CANNOT GUARANTEE THAT YOUR USER CONTENT WILL NOT BE MISUSED BY OTHER USERS. DOLBY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S USE OR MISAPPROPRIATION OF ANY USER CONTENT.
- USER CONTENT STANDARDS. The following content standards (the “Content Standards”) apply to any and all User Content. User Content must comply with all applicable federal, state and local laws and regulations. User Content shall not:
3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or lewd.
3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.3. Advocate violent behavior or pose a reasonable threat to personal or public safety.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, musician or artist.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that User Content emanates from or is endorsed by Dolby or any other person or entity if this is not the case.
3.12. Violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening.
- PROHIBITED USES. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
4.1. To submit any User Content for music or other works that you do not have the right, license, authorization or permission to use.
4.2. To distribute, make derivative works of, or further reproduce the App.
4.3. To interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism.
4.4. To decompile, reverse engineer, access or attempt to access the source code for the App (including any Third Party Software), or otherwise make or attempt to make any modification to the App.
4.5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
4.6. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.7. To send, knowingly receive, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
4.8. To transmit, or procure the sending of, any advertising or promotional material.
4.9. To impersonate or attempt to impersonate Dolby, a Dolby employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- DOLBY ON SUPPORT. The “Dolby On Support” feature of the App allows you to submit User Content (including associated metadata) to Dolby for the purpose of providing you software updates, product support, and other services to you (if any) related to the App (“Support”). Your use of this feature must comply with the Content Standards above, which may be updated from time to time. You hereby grant Dolby a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, process, copy, edit, distribute and modify the User Content you submit through the feature solely for Support. You further agree that this license includes the right for Dolby to make User Content submitted by you at the direction of Dolby, through the “Dolby On Support” feature, available to Dolby for the distribution or publication of such User Content on the App for marketing purposes. Such additional usage shall be subject to additional terms and conditions as further set forth in an agreement or other document between you and Dolby. Dolby may monitor and decide to remove or edit any User Content submitted via this feature. Dolby will use reasonable endeavors to respond to all your support questions within a reasonable time frame, but Dolby makes no promises that any queries submitted via the “Dolby On Support” feature will be responded to within any particular time frame and/or that Dolby will be able to answer any such queries. Dolby has no obligation to provide maintenance, support, updates, enhancements or modifications.
- FEEDBACK. If you provide feedback, ideas or suggestions to Dolby in connection with the App (“Feedback”), you acknowledge that Feedback is not confidential, and you authorize Dolby to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
- RESERVATION OF RIGHTS. The App is owned by Dolby. The content, visual interfaces, look and feel, interactive features, sound and video tools, information, graphics, design, compilation, computer code and all other elements of the App (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws. As between you and Dolby, all Dolby Materials, including intellectual property rights therein, are the sole and exclusive property of Dolby. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest to the App and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in these Terms.
- EXTERNAL SERVICES. The App may allow access to certain third party applications, services, content and websites (collectively and individually, “External Services”) including, without limitation, for the purpose of sharing or distributing User Content on social media sites or applications. You understand and agree that any social media features (such as sharing to YouTube, Facebook or Instagram) are enabled by you when using such features. For any External Services made available through YouTube, including but not limited to YouTube Livestreaming, you understand that by enabling such External Service you agree to be bound by the YouTube Terms of Service. The YouTube Terms of Service are available at: https://www.youtube.com/t/terms. Dolby is not responsible for examining or evaluating the content or accuracy of any External Services, and shall not be liable for any such External Services, including for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such External Services. You agree that any User Content shared via External Services will be subject to the privacy policies terms and conditions of those External Services, which may have different rights, rules and policies than provided herein. Data displayed by any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Dolby or its agents. YOU AGREE TO USE THE EXTERNAL SERVICES AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH EXTERNAL SERVICES ACCESSED OR MADE AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION COMPLIANCE WITH ANY APPLICABLE TERMS AND PAYMENT OF ANY APPLICABLE FEES (SUCH AS DATA OR CONNECTION FEES) TO THIRD PARTIES.
- THIRD PARTY TERMS. The App may include third-party software (“Third Party Software”) available to you through the App under separate license terms (the “Third Party Terms”). Dolby provides to you a list (as set forth below) of such Third Party Software and the applicable Third Party Terms. Your use of the App in a manner consistent with these Terms is permitted, however you may have additional rights under the applicable Third Party Terms. Nothing in these Terms reduces, or is intended to reduce, your rights to obtain and use such Third Party Software under the Third Party Terms. ALL THIRD PARTY SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
- TERM AND TERMINATION. These Terms will remain in effect until terminated. The Terms, and your rights and licenses hereunder, will terminate immediately and automatically upon your breach of the Terms. You may terminate the Terms at any time by ceasing all use of the App and uninstalling the App from all Devices. Dolby may terminate these Terms at any time for any reason, including any misuse by you of the App. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of these Terms.
- MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the App or portions of the App, or to modify these Terms. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the Terms materially alters your rights hereunder, such materially modified Terms will be effective upon the earlier of your use of the App with actual knowledge of the changes or your download of an update of the App after the date of such modification to the Terms. In any event, no modification of these Terms will apply to any Dispute (defined below) between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the Terms or any modifications thereof, your sole and exclusive remedy is to terminate the Terms as set forth in Section 9.
- WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT THE APP (INCLUDING THIRD PARTY SOFTWARE, SUPPORT AND EXTERNAL SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND AND IN NO EVENT SHALL DOLBY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, TO ANY USER CONTENT, LOSS OR DAMAGE TO ANY USER CONTENT OR OTHER MATERIALS OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP (INCLUDING THIRD PARTY SOFTWARE), EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP (IF ANY) OR $50 USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH AN EVENT SUCH LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law, regulation or these Terms arising out of or related to User Content or your use or misuse of the App.
- PRIVACY POLICY. Dolby’s Privacy Policy, which is incorporated into these Terms by reference, describes what kind of data we collect and how we use and share that data. By downloading or otherwise using this App, you expressly consent to the terms of Dolby’s Privacy Policy. For more information, please review the Privacy Policy available here: https://www.dolby.com/us/en/about/privacy/privacy-policy.html.
Facebook. For any External Services made available through Facebook, you understand that Facebook may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Facebook’s Data Policy available here: https://www.facebook.com/about/privacy/. By enabling such External Services through Facebook, you agree to Facebook’s data collection and processing.
Google/ YouTube. For any External Services made available through Google, you understand that Google may use cookies, web beacons, or other storage technologies to collect and receive information from you and may use this information to provide measurement services, target ads and other services as described in Google’s Privacy Policy available here: https://www.google.com/policies/privacy/. If at any point you wish to revoke the App’s access to your Google data, you may do so via the Google Security Settings Page found here: https://security.google.com/settings/security/permissions
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. We are committed to complying with copyright and related laws, and we require all users of the App to comply with these laws. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our designated agent with the following in writing (see § 17 U.S.C. 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material, that you claim is infringing, is located on the App and information reasonably sufficient to permit Dolby to locate the material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Dolby’s designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Dolby Laboratories, Inc.
Attn: Legal Department, Copyright Agent
1275 Market Street, San Francisco, CA 94103
USA
By E-Mail: copyright@Dolby.com Subject line: DMCA
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue.
- COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages or by through the settings in your Device.
- DISPUTE RESOLUTION AND ARBITRATION.
18.1. No Class Actions and Severability. YOU AND WE AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the GDPR. You agree as follows: (a) you will not seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 17 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. “Disputes” means any dispute, action, controversy or claim arising under these Terms or in connection with the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
18.2. Arbitration of Disputes.
18.2.1. Agreement to Arbitrate. You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including without limitation whether or not any part of these Terms is void or voidable.
18.2.2. Disputes Excluded from Arbitration. You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the GDPR; or (e) file suit in a court of law to address an intellectual property rights infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
18.2.3. Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out above) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address. You will send your notice to copyright@Dolby.com, or to:
Dolby Laboratories, Inc.
Attn: Privacy – Legal
1275 Market Street
San Francisco, CA 94103-1410
USA
After 60 days, if the Dispute is not resolved, you or we may commence arbitration if you or we desire to continue the Dispute.
18.2.4. Commencing Arbitration. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling (800) 778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
18.2.5. Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your mailing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.6. During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (i) the amount awarded by the arbitrator or (ii) $10,000.
- GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all Disputes arising under these Terms or in connection with the App that are not subject to arbitration, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts, except as otherwise provided by the GDPR.
- EXPORT CONTROLS. You may not download or use the App if (a) you are located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
- NOTICE TO APP STORE USERS. The provisions of this Section 21 only apply to you if you obtained the App from Apple’s App Store. You acknowledge that these Terms are between you and Dolby only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in Section 1 of these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
- GENERAL PROVISIONS. These Terms are the entire agreement between you and Dolby regarding the App, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the App. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions of these Terms will continue in full force and effect. You may not assign these Terms without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign these Terms without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms. If you are an agent of the US Government, the App is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of these Terms only. Sections 2-4, 5-9, 11-16, 18-19 and 20 will survive any termination of these Terms.
- CONTACTING DOLBY. The App is offered by Dolby, which can be contacted by email at DolbyOnSupport@Dolby.com.
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain Third-Party Software
licensed under separate Third-Party Terms. The following list sets forth such Third-Party
Terms.
The App contains portions of the Bugfender SDK v3.0.9 that is subject to the terms of a
separate license available at: https://bugfender.com/terms-of-service/. © 2015
Bugfender.
The App contains portions of the following software that are subject to the terms of the
Android SDK license available at: https://developer.android.com/studio/terms.html. ©
Google, Inc.
- Firebase Auth v21.0.1
- Firebase-core v20.0.0
- Firebase-analytics v 20.0.0
- Firebase Dynamic Links v21.0.0
- Firebase-perf: v20.0.3
- Firebase Messaging v23.0.0
The App contains portions of the following software that are subject to the terms of the
MIT License available at: https://opensource.org/licenses/MIT.
- BlurKit v1.1.0, Copyright © 2016 WonderKiln
- SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the
Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
The Android Open Source Project:
- AppCompat v1.3.1, Copyright © 2012 The Android Open Source Project
- Constraint v2.0.2, Copyright © 2017 The Android Open Source Project
- Core KTX v1.7.0, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.4.0, Copyright © 2017 The Android Open Source Project
- Databinding-runtime:v7.0.3, Copyright © 2015 The Android Open Source Project
- Google Services v 4.3.10, Copyright © 2015 The Android Open Source Project
- ExoPlayer v2.14.2, Copyright © 2016 The Android Open Source Project
- Material Design 1.4.0, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler 2.4.0, Copyright © 2017 The Android Open Source Project
- RecyclerView 1.2.1, Copyright © 2018 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The Android Open Source Project
- Media 1.4.3 Copyright © 2018 The Android Open Source Project
- Lifecycle runtime Ktx, v.2.4.0, Copyright © 2017 The Android Open Source Project
- Lifecycle viewmodel Ktx v.2.4.0 Copyright © 2017 The Android Open Source Project
- Lifecycle ReactiveStreams Ktx v.2.4.0 Copyright © 2017 The Android Open Source Project
- Fragment Ktx v.1.3.6 Copyright © 2018 The Android Open Source Project
- Room Ktx 2.3.0 Copyright © 2016 The Android Open Source Project
- Splashscreen v. 1.0.0.-alpha2, Copyright © 2018 The Android Open Source Project
Others:
- Firebase Inappmessaging Display 20.1.1 Copyright © 2020 Google, LLC.
- Firebase Crashlytics Ktx 18.2.4, Copyright © 2020 Google,LLC.
- Firebase Storage 20.0.0, Copyright © 2020 Google, LLC.
- AppsFlyer-Android-SDK: 6.4.2, Copyright © 2018 AppsFlyer Ltd.
- Cockpit v3.1.2, Copyright © 2018-2019 Polidea
- RxLint 1.7.7, Copyright 2016 Little Robots
- FacebookLogin 12.1.0, Copyright (c) 2014-present, Facebook, Inc. All rights reserved.
- EmailIntentBuilder v2.0.0, Copyright © 2015 cketti
- Koin v3.1.3, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib 1.5.31, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming Language contributors
- Lottie 4.2.0, Copyright © 2018 Airbnb, Inc.
- Media-sessions:v2.14.2 Copyright © 2018 The Android Open Source Project
- Moshi v1.12.0, Copyright © 2015 Square, Inc.
- OkHttp v4.10.0-RC1, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- Retrofit v2.9.0, Copyright © 2013 Square, Inc.
- rtmp-rtsp-stream-client-java v1.8.3, Copyright © 2017, Pedro Sánchez
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxCoroutines v. 1.15.2 Copyright © 2000-2020 JetBrains s.r.o. and Kotlin Programming Language contributors
- RxJava v2.2.21, Copyright © 2016-present, RXJava Contributors
- RxPreferences v2.0.1, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.1, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.3, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.3.1, Copyright © 2015 Jake Wharton
- Timber v5.0.1, Copyright © 2013 Jake Wharton
Dolby On Android v1.5
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain Third-Party Software
licensed under separate Third-Party Terms. The following list sets forth such Third-Party
Terms.
The App contains portions of the Bugfender SDK v3.0.8 that is subject to the terms of a
separate license available at: https://bugfender.com/terms-of-service/. © 2015
Bugfender.
The App contains portions of the following software that are subject to the terms of the
Android SDK license available at: https://developer.android.com/studio/terms.html. ©
Google, Inc.
- Firebase Auth v21.0.1
- Firebase-core v19.0.0
- Firebase-analytics v17.0.0
- Firebase Dynamic Links v20.1.1
- Firebase-perf:v19.0.11
- Firebase Messaging v22.0.0
The App contains portions of the following software that are subject to the terms of the
MIT License available at: https://opensource.org/licenses/MIT.
BlurKit v1.1.0, Copyright © 2016 WonderKiln
SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the
Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
The Android Open Source Project:
- AppCompat v1.3.1, Copyright © 2012 The Android Open Source Project
- Constraint v2.0.2, Copyright © 2017 The Android Open Source Project
- Core KTX v1.6.0, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.3.0, Copyright © 2017 The Android Open Source Project
- Databinding-runtime:v4.1.0, Copyright © 2015 The Android Open Source Project
- Fragment v1.3.6, Copyright © 2018 The Android Open Source Project
- Google Services v4..3.4, Copyright © 2015 The Android Open Source Project
- ExoPlayer v2.11.7, Copyright © 2016 The Android Open Source Project
- Material Design 1.4.0, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler 2.3.1, Copyright © 2017 The Android Open Source Project
- Lifecycle Reactivestreams 2.3.1, Copyright © 2017 The Android Open Source Project
- RecyclerView 1.2.1, Copyright © 2018 The Android Open Source Project
- Room 2.3.0, Copyright © 2016 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The Android Open Source Project
- Media 1.4.0 Copyright © 2018 The Android Open Source Project
Others:
- Firebase Inappmessaging Display 20.0.0 Copyright © 2020 Google, LLC.
- Firebase Crashlytics Ktx 18.2.0, Copyright © 2020 Google,LLC.
- Firebase Storage 20.0.0, Copyright © 2020 Google, LLC.
- AppsFlyer-Android-SDK: 6.3.2, Copyright © 2018 AppsFlyer Ltd.
- Cockpit v3.1.2, Copyright © 2018-2019 Polidea
- RxLint 1.7.7, Copyright 2016 Little Robots
- FacebookLogin 11.2.0, Copyright (c) 2014-present, Facebook, Inc. All rights reserved.
- EmailIntentBuilder v2.0.0, Copyright © 2015 cketti
- Koin v3.1.2, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib 1.5.21, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming Language contributors
- Kotlinx-coroutines-android v1.3.3, Copyright © 2016-2019 JetBrains s.r.o
- Lottie 4.0.0, Copyright © 2018 Airbnb, Inc.
- Media-sessions:v2.14.2 Copyright © 2018 The Android Open Source Project
- Moshi v1.12.0, Copyright © 2015 Square, Inc.
- OkHttp v4.10.0-RC1, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- Retrofit v2.9.0, Copyright © 2013 Square, Inc.
- rtmp-rtsp-stream-client-java v1.8.3, Copyright © 2017, Pedro Sánchez
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxJava v2.2.21, Copyright © 2016-present, RXJava Contributors
- RxPreferences v2.0.1, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.1, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.2, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.3.1, Copyright © 2015 Jake Wharton
- Timber v4.7.1, Copyright © 2013 Jake Wharton
Dolby On Android v1.4
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain Third-Party Software
licensed under separate Third-Party Terms. The following list sets forth such Third-Party
Terms.
The App contains portions of the Bugfender SDK v3.0.8 that is subject to the terms of a
separate license available at: https://bugfender.com/terms-of-service/. © 2015
Bugfender.
The App contains portions of the following software that are subject to the terms of the
Android SDK license available at: https://developer.android.com/studio/terms.html. ©
Google, Inc.
- Firebase Auth v20.0.1
- Firebase-core v18.0.0
- Firebase-analytics v17.0.0
- Firebase Dynamic Links v19.1.1
- Firebase-perf:v19.0.11
- Firebase Messaging v21.0.1
The App contains portions of the following software that are subject to the terms of the
MIT License available at: https://opensource.org/licenses/MIT.
- BlurKit v1.1.0, Copyright © 2016 WonderKiln
- SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the
Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
The Android Open Source Project:
- AppCompat v1.3.0-alpha02, Copyright © 2012 The Android Open Source Project
- Constraint v2.0.2, Copyright © 2017 The Android Open Source Project
- Core v2.1.0-alpha01, Copyright © 2017 The Android Open Source Project
- Core KTX v1.5.0-alpha05, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.3.0, Copyright © 2017 The Android Open Source Project
- Databinding-runtime:v4.1.0, Copyright © 2015 The Android Open Source Project
- Fragment v1.3.0-rc01, Copyright © 2018 The Android Open Source Project
- Google Services v4..3.4, Copyright © 2015 The Android Open Source Project
- ExoPlayer v2.11.7, Copyright © 2016 The Android Open Source Project
- Material Design v1.3.0-beta01, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler v2.3.0-rc01, Copyright © 2017 The Android Open Source Project
- Lifecycle Reactivestreams v2.3.0-rc01, Copyright © 2017 The Android Open Source
Project
- RecyclerView v1.1.0-rc01, Copyright © 2018 The Android Open Source Project
- Room v2.3.0-alpha04, Copyright © 2016 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The
Android Open Source Project
- Media v1.2.1 Copyright © 2018 The Android Open Source Project
Others:
- Firebase Inappmessaging Display v19.1.3 Copyright © 2019 Google, Inc.
- Firebase Crashlytics v17.3.0, Copyright © 2019 Google,Inc.
- Firebase Storage v19.2.1, Copyright © 2004 Google, Inc.
- AppsFlyer-Android-SDK: v6.1.3, Copyright © 2018 AppsFlyer Ltd.
- Cockpit v3.1.2, Copyright © 2018-2019 Polidea
- EmailIntentBuilder v2.0.0, Copyright © 2015 cketti
- GSON v2.8.5, Copyright © 2018 Google Inc.
- Koin v3.0.1, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib v1.4.10, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming
Language contributors
- Kotlinx-coroutines-android v1.3.3, Copyright © 2016-2019 JetBrains s.r.o
- Lottie v3.5.0, Copyright © 2018 Airbnb, Inc.
- Media-sessions:v2.11.7
- Moshi v1.11.0, Copyright © 2015 Square, Inc.
- OkHttp v4.10.0-RC1, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- Retrofit v2.9.0, Copyright © 2013 Square, Inc.
- rtmp-rtsp-stream-client-java v1.8.3, Copyright © 2017, Pedro Sánchez
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxJava v2.2.20, Copyright © 2016-present, RXJava Contributors
- RxPreferences v2.0.1, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.1, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.2, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.3.0, Copyright © 2015 Jake Wharton
- Timber v4.7.1, Copyright © 2013 Jake Wharton
Dolby On Android v1.3
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain Third-Party Software licensed under separate Third-Party Terms. The following list sets forth such Third-Party Terms.
The App contains portions of the Bugfender SDK v3.0.8 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Fabric Software v1.31.0 that is subject to the terms of a separate license available at: https://fabric.io/terms/fabric. © 2018 Google, Inc.
The App contains portions of the following software that are subject to the terms of the Android SDK license available at: https://developer.android.com/studio/terms.html. © Google, Inc.
- Firebase Auth v20.0.1
- Firebase-auth-interop v19.1.0
- Firebase-core v18.0.0
- Firebase-analytics v17.0.0
- Firebase Dynamic Links v19.1.1
- Firebase-measurement-connector v18.0.0
- Firebase-perf:v19.0.11
- Firebase Messaging v20.1.6
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- BlurKit v1.1.0, Copyright © 2016 WonderKiln
- SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppCompat v1.3.0-alpha02, Copyright © 2012 The Android Open Source Project
- AppsFlyer-Android-SDK: v6.0.3, Copyright © 2018 AppsFlyer Ltd.
- Cockpit v3.1.02, Copyright © 2018-2019 Polidea
- Constraint v2.0.1, Copyright © 2017 The Android Open Source Project
- Core v2.1.0-alpha01, Copyright © 2017 The Android Open Source Project
- Core KTX v1.5.0-alpha04, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.3.0, Copyright © 2017 The Android Open Source Project
- Databinding-runtime:v4.1.0, Copyright © 2015 The Android Open Source Project
- Easy Preference v1.0.1, Copyright © 2016 Habibur Rahman
- EmailIntentBuilder v2.0.0, Copyright © 2015 cketti
- ExoPlayer v2.11.7, Copyright © 2016 The Android Open Source Project
- Firebase-common v19.3.0, Copyright © 2019 Google, Inc.
- Firebase Messaging v21.0.1, Copyright © 2019 Google, Inc.
- Firebase-inappmessaging-display v19.1.3 Copyright © 2019 Google, Inc.
- Firebase Crashlytics v17.3.0, Copyright © 2019 Google,Inc.
- Firebase Storage v19.2.1, Copyright © 2004 Google, Inc.
- Fragment v1.3.0-rc01, Copyright © 2018 The Android Open Source Project
- Google Services v4..3.4, Copyright © 2015 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The Android Open Source Project
- GSON v2.8.5, Copyright © 2018 Google Inc.
- Koin v3.0.0-alpha-4, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib v1.4.10, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming Language contributors
- Kotlinx-coroutines-android v1.3.3, Copyright © 2016-2019 JetBrains s.r.o
- Lifecycle Reactivestreams v2.3.0-rc01, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler v2.3.0-rc01, Copyright © 2017 The Android Open Source Project
- Lottie v3.5.0, Copyright © 2018 Airbnb, Inc.
- Material Design v1.3.0-beta01, Copyright © 2017 The Android Open Source Project
- Media-sessions:v2.11.7
- Moshi v1.11.0, Copyright © 2015 Square, Inc.
- OkHttp v4.10.0-RC1, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- RecyclerView v1.1.0-rc01, Copyright © 2018 The Android Open Source Project
- Retrofit v2.9.0, Copyright © 2013 Square, Inc.
- Room v2.3.0-alpha04, Copyright © 2016 The Android Open Source Project
- rtmp-rtsp-stream-client-java v1.8.3, Copyright © 2017, Pedro Sánchez
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxJava v2.2.20, Copyright © 2016-present, RXJava Contributors
- RxPreferences v22.0.1, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.1, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.2, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.3.0, Copyright © 2015 Jake Wharton
- Timber v4.7.1, Copyright © 2013 Jake Wharton
Dolby On Android v1.2.2
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain Third-Party Software licensed under separate Third-Party Terms. The following list sets forth such Third-Party Terms.
The App contains portions of the Bugfender SDK v3.0.5 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Fabric Software v1.31.0 that is subject to the terms of a separate license available at: https://fabric.io/terms/fabric. © 2018 Google, Inc.
The App contains portions of the following software that are subject to the terms of the Android SDK license available at: https://developer.android.com/studio/terms.html. © Google, Inc.
- Firebase Auth v19.3.2
- Firebase-auth-interop v19.1.0
- Firebase-core v17.4.4
- Firebase-analytics v17.0.0
- Firebase Dynamic Links v18.0.0
- Firebase-measurement-connector v18.0.0
- Firebase-perf:v19.0.8
- Firebase Messaging v20.1.6
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- BlurKit v1.1.0, Copyright © 2016 WonderKiln
- SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppCompat v1.3.0-alpha02, Copyright © 2012 The Android Open Source Project
- AppsFlyer-Android-SDK: v6.0.1, Copyright © 2018 AppsFlyer Ltd.
- Cockpit v3.1.02, Copyright © 2018-2019 Polidea
- Constraint v2.0.1, Copyright © 2017 The Android Open Source Project
- Core v2.1.0-alpha01, Copyright © 2017 The Android Open Source Project
- Core KTX v1.5.0-alpha04, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.3.0-beta01, Copyright © 2017 The Android Open Source Project
- Databinding-runtime:v4.0.1, Copyright © 2015 The Android Open Source Project
- Easy Preference v1.0.1, Copyright © 2016 Habibur Rahman
- EmailIntentBuilder v2.0.0, Copyright © 2015 cketti
- ExoPlayer v2.11.7, Copyright © 2016 The Android Open Source Project
- Firebase-common v19.3.0, Copyright © 2019 Google, Inc.
- Firebase Messaging v21.0.0, Copyright © 2019 Google, Inc.
- Firebase-inappmessaging-display v19.1.2, Copyright © 2019 Google, Inc.
- Firebase Crashlytics v17.2.2, Copyright © 2019 Google,Inc.
- Firebase Storage v19.2.0, Copyright © 2004 Google, Inc.
- Fragment v1.3.0-beta01, Copyright © 2018 The Android Open Source Project
- Google Services v4..3.3, Copyright © 2015 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The Android Open Source Project
- Koin v2.1.6, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib v1.4.10, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming Language contributors
- Lifecycle Reactivestreams v2.3.0-beta01, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler v2.3.0-beta01, Copyright © 2017 The Android Open Source Project
- Lottie v3.4.4, Copyright © 2018 Airbnb, Inc.
- Material Design v1.3.0-alpha03, Copyright © 2017 The Android Open Source Project
- Media-sessions:v1.2.0
- Moshi v1.11.0, Copyright © 2015 Square, Inc.
- OkHttp v4.8.0, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- RecyclerView v1.1.0-rc01, Copyright © 2018 The Android Open Source Project
- Retrofit v2.9.0, Copyright © 2013 Square, Inc.
- Room v2.3.0-alpha03, Copyright © 2016 The Android Open Source Project
- rtmp-rtsp-stream-client-java v1.8.3, Copyright © 2017, Pedro Sánchez
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxJava v2.2.20, Copyright © 2016-present, RXJava Contributors
- RxPreferences v22.0.1, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.1, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.2, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.3.0, Copyright © 2015 Jake Wharton
- Timber v4.7.1, Copyright © 2013 Jake Wharton
- GSON v2.8.5, Copyright © 2018 Google Inc.
- Kotlinx-coroutines-android v1.3.3, Copyright © 2016-2019 JetBrains s.r.o
Dolby On Android v1.2
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain Third-Party Software licensed under separate Third-Party Terms. The following list sets forth such Third-Party Terms.
The App contains portions of the Bugfender SDK v3.0.5 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Fabric Software v1.31.0 that is subject to the terms of a separate license available at: https://fabric.io/terms/fabric. © 2018 Google, Inc.
The App contains portions of the following software that are subject to the terms of the Android SDK license available at: https://developer.android.com/studio/terms.html. © Google, Inc.
- Firebase Auth v19.3.2
- Firebase-auth-interop v19.1.0
- Firebase-core v17.4.4
- Firebase-analytics v17.0.0
- Firebase Dynamic Links v18.0.0
- Firebase-measurement-connector v18.0.0
- Firebase-perf:v19.0.8
- Firebase Messaging v20.1.6
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- BlurKit v1.1.0, Copyright © 2016 WonderKiln
- SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppCompat v1.3.0-alpha01, Copyright © 2012 The Android Open Source Project
- Cockpit v3.1.02, Copyright © 2018-2019 Polidea
- Constraint v2.0.1, Copyright © 2017 The Android Open Source Project
- Core v2.1.0-alpha01, Copyright © 2017 The Android Open Source Project
- Core KTX v1.5.0-alpha01, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.3.0-alpha04, Copyright © 2017 The Android Open Source Project
- Databinding-runtime:v4.0.1, Copyright © 2015 The Android Open Source Project
- Easy Preference v1.0.1, Copyright © 2016 Habibur Rahman
- EmailIntentBuilder v2.0.0, Copyright © 2015 cketti
- ExoPlayer v2.11.7, Copyright © 2016 The Android Open Source Project
- Firebase-common v19.3.0, Copyright © 2019 Google, Inc.
- Firebase In-App Messaging v20.2.3, Copyright © 2019 Google, Inc.
- Firebase In-App Messaging v18.0.2, Copyright © 2019 Google, Inc.
- Firebase-inappmessaging-display v19.1.0, Copyright © 2019 Google, Inc.
- Firebase Crashlytics v17.0.1, Copyright © 2019 Google,Inc.
- Firebase Storage v19.1.1, Copyright © 2004 Google, Inc.
- Fragment v1.3.0-alpha07, Copyright © 2018 The Android Open Source Project
- Google Services v4..3.3, Copyright © 2015 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The Android Open Source Project
- Koin v2.1.6, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib v1.3.72, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming Language contributors
- Lifecycle Reactivestreams v2.3.0-alpha06, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler v2.3.0-alpha06, Copyright © 2017 The Android Open Source Project
- Lottie v3.4.1, Copyright © 2018 Airbnb, Inc.
- Material Design v1.3.0-alpha02, Copyright © 2017 The Android Open Source Project
- Media-sessions:v1.2.0-alpha04
- Moshi v1.9.3, Copyright © 2015 Square, Inc.
- OkHttp v4.8.0, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- RecyclerView v1.1.0-rc01, Copyright © 2018 The Android Open Source Project
- Retrofit v2.9.0, Copyright © 2013 Square, Inc.
- Room v2.3.0-alpha02, Copyright © 2016 The Android Open Source Project
- rtmp-rtsp-stream-client-java v1.8.3, Copyright © 2017, Pedro Sánchez
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxJava v2.2.19, Copyright © 2016-present, RXJava Contributors
- RxPreferences v2.0.1-beta1, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.1, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.2, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.2.4, Copyright © 2015 Jake Wharton
- Timber v4.7.1, Copyright © 2013 Jake Wharton
- GSON v2.8.5, Copyright © 2018 Google Inc.
- Kotlinx-coroutines-android v1.3.3, Copyright © 2016-2019 JetBrains s.r.o
Dolby On Android v1.1
THIRD PARTY TERMS
Pursuant to the Terms, your use of the App may include certain Third-Party Software licensed under separate Third-Party Terms. The following list sets forth such Third-Party Terms.
The App contains portions of the Bugfender SDK v3.0.2 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Fabric Software v1.31.0 that is subject to the terms of a separate license available at: https://fabric.io/terms/fabric. © 2018 Google, Inc.
The App contains portions of the following software that are subject to the terms of the Android SDK license available at: https://developer.android.com/studio/terms.html. © Google, Inc.
- Firebase Auth v19.3.1
- Firebase-auth-interop v19.1.0
- Firebase-core v17.4.0
- Firebase-analytics v17.0.0
- Firebase Dynamic Links v18.0.0
- Firebase-measurement-connector v18.0.0
- Firebase-iid v19.0.0
- Firebase Messaging v20.1.6
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- BlurKit v1.1.0, Copyright © 2016 WonderKiln
- SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppCompat v1.2.0-beta01, Copyright © 2012 The Android Open Source Project
- Cockpit v3.1.02, Copyright © 2018-2019 Polidea
- Constraint v2.0.0-beta3, Copyright © 2017 The Android Open Source Project
- Core v2.1.0-alpha01, Copyright © 2017 The Android Open Source Project
- Core KTX v1.3.0-beta01, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.3.0-alpha01, Copyright © 2017 The Android Open Source Project
- Databinding v3..6.1, Copyright © 2015 The Android Open Source Project
- Easy Preference v1.0.1, Copyright © 2016 Habibur Rahman
- EmailIntentBuilder v2.0.0, Copyright © 2015 cketti
- ExoPlayer v2.10.8, Copyright © 2016 The Android Open Source Project
- Firebase-common v19.3.0, Copyright © 2019 Google, Inc.
- Firebase In-App Messaging v20.1.6, Copyright © 2019 Google, Inc.
- Firebase In-App Messaging v18.0.2, Copyright © 2019 Google, Inc.
- Firebase-inappmessaging-display v19.0.6, Copyright © 2019 Google, Inc.
- Firebase Crashlytics v17.0.0, Copyright © 2019 Google,Inc.
- Firebase Storage v19.1.1, Copyright © 2004 Google, Inc.
- Fragment v1.2.0-rc02, Copyright © 2018 The Android Open Source Project
- Google Services v4..3.3, Copyright © 2015 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The Android Open Source Project
- Koin v2.1.5, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib v1.3.72, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming Language contributors
- Lifecycle Reactivestreams v2.3.0-alpha01, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler v2.3.0-alpha01, Copyright © 2017 The Android Open Source Project
- Lottie v3.4.0, Copyright © 2018 Airbnb, Inc.
- Material Design v1.2.0-alpha05, Copyright © 2017 The Android Open Source Project
- Moshi v1.9.2, Copyright © 2015 Square, Inc.
- OkHttp v4.5.0, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- RecyclerView v1.1.0-rc01, Copyright © 2018 The Android Open Source Project
- Retrofit v2.8.1, Copyright © 2013 Square, Inc.
- Room v2.2.5, Copyright © 2016 The Android Open Source Project
- rtmp-rtsp-stream-client-java v1.8.3, Copyright © 2017, Pedro Sánchez
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxJava v2.2.19, Copyright © 2016-present, RXJava Contributors
- RxPreferences v2.0.0, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.1, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.2, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.2.3, Copyright © 2015 Jake Wharton
- Timber v4.7.1, Copyright © 2013 Jake Wharton
- GSON v2.8.5, Copyright © 2018 Google Inc.
- Kotlinx-coroutines-android v1.3.3, Copyright © 2016-2019 JetBrains s.r.o.
Dolby On Android v1.0
Pursuant to the Terms, your use of the App may include certain Third Party Software licensed under separate Third Party Terms. The following list sets forth such Third Party Terms.
The App contains portions of the Bugfender SDK v1.1.7 that is subject to the terms of a separate license available at: https://bugfender.com/terms-of-service/. © 2015 Bugfender.
The App contains portions of the Fabric Software v1.31.0 that is subject to the terms of a separate license available at: https://fabric.io/terms/fabric. © 2018 Google, Inc.
The App contains portions of the following software that are subject to the terms of the Android SDK license available at: https://developer.android.com/studio/terms.html. © Google, Inc.
- Firebase Auth v18.1.0
- Firebase-auth-interop v18.0.0
- FirebaseCore v17.0.1
- Firebase-analytics v17.0.0
- Firebase Dynamic Links v18.0.0
- Firebase-measurement-connector v18.0.0
- Firebase-iid v19.0.0
- Firebase Messaging v20.1.0
The App contains portions of the following software that are subject to the terms of the MIT License available at: https://opensource.org/licenses/MIT.
- BlurKit v1.1.0, Copyright © 2016 WonderKiln
- Ktlint v0.29.0, Copyright © 2019 Pintrest, Inc. Copyright © 2016-2019 Stanley Shyiko
- SwipeLayout v1.2.0, Copyright © 2014 代码家
The App contains portions of the following software that are subject to the terms of the Apache 2.0 License available at: https://www.apache.org/licenses/LICENSE-2.0.
- AppCompat v1.1.0-rc01, Copyright © 2012 The Android Open Source Project
- Cockpit v3.1.0, Copyright © 2018-2019 Polidea
- Constraint v2.0.0-beta1, Copyright © 2017 The Android Open Source Project
- Core v2.1.0-alpha01, Copyright © 2017 The Android Open Source Project
- Core KTX v1.2.0-alpha02, Copyright © 2017 The Android Open Source Project
- CustomTabs v1.0.0, Copyright © 2017 The Android Open Source Project
- Databinding v3.4.2, Copyright © 2015 The Android Open Source Project
- Easy Preference v1.0.1, Copyright © 2016 Habibur Rahman
- EmailIntentBuilder v1.0.0, Copyright © 2015 cketti
- ExoPlayer v2.10.5, Copyright © 2016 The Android Open Source Project
- Firebase-common v18.0.0, Copyright © 2019 Google, Inc.- Firebase In-App Messaging v18.0.2, Copyright © 2019 Google, Inc.
- Firebase Crashlytics v2.10.1, Copyright © 2019 Google,Inc.
- Firebase Storage v18.1.1, Copyright © 2004 Google, Inc.
- Fragment v1.1.0-alpha06, Copyright © 2018 The Android Open Source Project
- Google Services v4.2.0, Copyright © 2015 The Android Open Source Project
- GravitySnapHelper v2.0, Copyright © 2018 Ruben Sousa, Copyright © 2018 The Android Open Source Project
- Koin v2.01, Copyright © 2017-2018 the original author or authors
- Kotlin-stdlib v1.3.41, Copyright © 2010-2018 JetBrains s.r.o and Kotlin Programming Language contributors
- Lifecycle Extensions v2.2.0-alpha01, Copyright © 2017 The Android Open Source Project
- Lifecycle Reactivestreams v2.2.0-alpha01, Copyright © 2017 The Android Open Source Project
- Lifecycle Compiler v2.2.0-alpha01, Copyright © 2017 The Android Open Source Project
- Lottie v3.0.7, Copyright © 2018 Airbnb, Inc.
- Material Design v1.1.0-alpha08, Copyright © 2017 The Android Open Source Project
- Moshi v1.8.0, Copyright © 2015 Square, Inc.
- OkHttp v4.0.1, Copyright © 2019 Square, Inc.
- Picasso v2.71828, Copyright © 2013 Square, Inc.
- RecyclerView v1.1.0-alpha04, Copyright © 2018 The Android Open Source Project
- Retrofit v2.6.0, Copyright © 2013 Square, Inc.
- Room v2.2.0-alpha01, Copyright © 2016 The Android Open Source Project
- RxAndroid v2.1.1, Copyright © 2015 The RxAndroid authors
- RxBinding v2.2.0, Copyright © 2015 Jake Wharton
- RxJava v2.2.8, Copyright © 2016-present, RXJava Contributors
- RxPreferences v2.0.0, Copyright © 2016-present, RXJava Contributors
- RxRelay v2.1.0, Copyright © 2014 Netflix, Inc., Copyright © 2015 Jake Wharton
- Seismic v1.0.2, Copyright © 2012 Square, Inc.
- ThreeTenABP v1.2.1, Copyright © 2015 Jake Wharton
- Timber v4.7.1, Copyright © 2013 Jake Wharton
- Google Exoplayer v2.10.0, Copyright © 2018 The Android Open Source Project
- GSON v2.8.5, Copyright © 2018 Google Inc.
- Kotlinx-coroutines-android v1.1.1, Copyright © 2016-2019 JetBrains s.r.o.
Location Specific Terms
Residents of the United States
GOVERNING LAW; VENUE. These Terms will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all Disputes arising under these Terms or in connection with the App that are not subject to arbitration, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts, except as otherwise provided by the GDPR.
Residents Outside of the United States
In order to use the App, you need to (1) meet the age requirements in the chart below and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Country |
Age Requirements |
Australia, Canada, India |
Must be 13 or older |
Ireland |
Must be 16 or older |
New Zealand |
Must be 13 or older |
United Kingdom |
Must be 13 or older |
ARBITRATION RULES. If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration. Either you or we may start arbitration proceedings. Any arbitration between you and us will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by the Terms, and will be administered by the International Court of Arbitration of the ICC. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the relevant state or country listed in clause 19, without regard to choice or conflicts of law principles.
Time for filing. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should knows of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Our address for Notice is: Dolby Laboratories, Inc., Attn: General Counsel, 1275 Market St., San Francisco, California 94103 USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, we shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; or (3)$10,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
GOVERNING LAW; VENUE. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Term (and any non-contractual disputes/claims arising out of or in connection with them). In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.
Country |
Choice of Law |
Jurisdiction |
Ireland, United Kingdom |
Laws of England and Wales |
Exclusive; Courts of England and Wales in London, England |
India, Australia |
State of California, United States |
Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY |
Previous versions of the Terms of Use:
- v1.4