User License Agreement
1. Definitions
The following terms, as used in this User License Agreement, shall have the following meanings:
1.1. TakeOne: Refers to the product licensed under this Agreement, which includes the creation interface named "SndPlay" within the TakeOne application, as well as any Additional Content, if applicable.
1.2. SndPlay: Refers to the creation interface, the computer program in object code format contained within TakeOne, including all updates and upgrades, excluding the provided Content.
1.3. Content: Refers to the elements contained within TakeOne, in addition to SndPlay, including music files, video files, photo files, and other associated sound elements and templates containing these files. This Content may be available for free or for a fee.
1.4. User-Generated Content: Refers to any content created by a user using TakeOne.
1.5. Commercial Use: Under this Agreement, encompasses any use of SndPlay or Content for direct or indirect financial gain, including sales, licensing, advertising, etc.
2. Purpose of the Agreement
2.1. Subject to the terms stated in this Agreement, TakeOne grants users of the TakeOne application a non-exclusive, non-transferable right to use TakeOne. Ownership, copyrights, and other proprietary rights related to TakeOne remain the exclusive property of TakeOne. The user acknowledges TakeOne's ownership and all associated proprietary rights to SndPlay, backup copies, and documentation. The user is solely responsible for complying with the terms of this agreement and the code of conduct (see below).
2.2. TakeOne retains all rights, including those not explicitly granted under this Agreement.
3. Use of SndPlay Interface and Content
3.1. The use of SndPlay is limited to non-commercial purposes.
3.2. Regarding Content:
a) Content may only be used for non-commercial purposes, including music data, video, photos, and corresponding models acquired through the TakeOne application.
b) Transferring Content to third parties for commercial purposes (e.g., in work contracts) is prohibited.
c) Exploiting Content beyond the creation of personal works, distinct from work results obtained with SndPlay, is strictly prohibited.
d) Songs or instrumentals created using loops provided by TakeOne ("User Content"),
Note: Use of royalty-free samples in TakeOne for songs, multimedia presentations, videos, and commercial animations In the TakeOne music creation application, you can use the audio sample content included in music packs on a royalty-free basis to create your own musical compositions or original audio projects. You are authorized to broadcast your own musical compositions or audio projects created using TakeOne's audio content. However, individual audio loops cannot be distributed for commercial or other purposes independently, or be bundled in whole or in part as audio samples, sound effects, or musical backgrounds. The recreation of the "single" (even remotely resembling) serving as a demo of a music pack cannot be sold or used for broadcasting without being subject to the terms of the License Agreement.
4. User-Generated Content
4.1. Songs or instrumentals created using samples provided by TakeOne ("User Content") are not considered original works subject to intellectual property conditions but rather creations generated by the SndPlay interface. These creations are not subject to royalty fees and cannot be sold or used for commercial purposes.
4.2. However, if the melody of the song or instrumental was created by you outside of a sample provided by TakeOne, but this melody is supported by the arrangement created by SndPlay using TakeOne's provided samples, then you retain ownership of this melodic line, vocals/lyrics, but you do not own the entire musical creation. Under certain conditions, this collaborative creation can be subject to an artist contract between you and the TakeOne label (see TakeOne artist contract).
4.3. Your music/videos can be shared on TakeOne's social network as well as on all other existing social networks.
4.4. Your creations can be used for your own content, such as Stories, Reels, YouTube channels, and other personal purposes, while remaining royalty-free. However, your creations remain under the License Agreement with TakeOne and cannot be commercialized in any way.
4.5. The user of the TakeOne application consents to TakeOne using the sound projects created by themselves using TakeOne's SndPlay for internal purposes and for an indefinite duration to develop its own product portfolio. Using proprietary software, TakeOne will extract data from sound projects generated by the user to create datasets that can be used internally and externally to offer innovations within TakeOne's product portfolio.
5. Data License Usage Terms
By using TakeOne, you agree that any Content generated by you, including, but not limited to, songs created using provided loops/samples ("User Content"), may be used by TakeOne and its licensees for the following purposes:
- Training, improvement, and development of similar technologies;
- Creating derivative works based on your User Content through the use of AI and similar technologies.
You retain copyright, but only if your creation is signed as part of an artist contract with the TakeOne label.
However, by accepting these Terms of Use, you grant TakeOne a perpetual, worldwide, non-exclusive, free, and transferable license (with the right to sublicense) to use, reproduce, distribute, display, and perform your User Content in the provision and improvement of our application and similar technologies.
6. Prohibition of Copying, Renting, or Modifying TakeOne Application
6.1. TakeOne cannot be commercially rented or loaned in any form in exchange for payment.
6.2. The user agrees, in accordance with the National Institute of Industrial Property (INPI), not to make any modifications to the licensed software (SndPlay), either personally or through third parties. The user may not disassemble the software and its components, modify the object code, decode, copy, or use it in a manner inconsistent with this Agreement.
7. User Accounts
7.1. Registration is required to use TakeOne or ensure the proper functioning of certain features. The user is responsible for their user account and its security.
7.2. TakeOne reserves the right to temporarily or permanently block a user account if TakeOne believes that the user has violated the provisions of this Agreement or the Code of Conduct.
7.3. Invoices may be issued electronically.
7.4. TakeOne reserves the right to regulate, modify, delete, or amend subscription prices and virtual goods prices at any time, as well as the total amount of music packs or virtual goods that can be acquired at any time and/or the total amount due in user accounts.
7.5. User accounts that have been blocked or deleted in accordance with this Agreement lose access to music packs and virtual goods, with no possibility of a refund.
7.6. The use of cheats, bots, is prohibited and could result in legal action or permanent removal from the TakeOne application.
7.7. TakeOne does not sell any of your personal data to a third party.
8. Mentions légales
The takeone-app.com website is published by SAS TakeOne with a capital of 1000 euros, registered with the RCS of Paris B 977 525 260 under the number 977525260, whose head office is located at 9 AV DES CHASSEURS 75017 PARIS.
E-mail address: contact@takeone-app.com.
The Publishing Director is: Frederic Thomasseau
Intracommunity VAT number: FR12977525260
The takeone-app.com website is hosted by CANVA, headquartered at 110 Kippax St, Surry Hills, NSW, Australia 2010.