Gramblr TOS

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1. Definitions



1. "Adaptation" means a work based upon the Work, or upon the Work and

other pre-existing works, such as a translation, adaptation, derivative

work, arrangement of music or other alterations of a literary or artistic

work, or phonogram or performance and includes cinematographic adaptations

or any other form in which the Work may be recast, transformed, or adapted

including in any form recognizably derived from the original, except that

a work that constitutes a Collection will not be considered an Adaptation

for the purpose of this License. For the avoidance of doubt, where the

Work is a musical work, performance or phonogram, the synchronization of

the Work in timed-relation with a moving image ("synching") will be

considered an Adaptation for the purpose of this License.

2. "Collection" means a collection of literary or artistic works, such as

encyclopedias and anthologies, or performances, phonograms or broadcasts,

or other works or subject matter other than works listed in Section 1(f)

below, which, by reason of the selection and arrangement of their

contents, constitute intellectual creations, in which the Work is included

in its entirety in unmodified form along with one or more other

contributions, each constituting separate and independent works in

themselves, which together are assembled into a collective whole. A work

that constitutes a Collection will not be considered an Adaptation (as

defined above) for the purposes of this License.

3. "Distribute" means to make available to the public the original and

copies of the Work or Adaptation, as appropriate, through sale or other

transfer of ownership.

4. "Licensor" means the individual, individuals, entity or entities that

offer(s) the Work under the terms of this License.

5. "Original Author" means, in the case of a literary or artistic work,

the individual, individuals, entity or entities who created the Work or if

no individual or entity can be identified, the publisher; and in addition

(i) in the case of a performance the actors, singers, musicians, dancers,

and other persons who act, sing, deliver, declaim, play in, interpret or

otherwise perform literary or artistic works or expressions of folklore;

(ii) in the case of a phonogram the producer being the person or legal

entity who first fixes the sounds of a performance or other sounds; and,

(iii) in the case of broadcasts, the organization that transmits the

broadcast.

6. "Work" means the literary and/or artistic work offered under the terms

of this License including without limitation any production in the

literary, scientific and artistic domain, whatever may be the mode or form

of its expression including digital form, such as a book, pamphlet and

other writing; a lecture, address, sermon or other work of the same

nature; a dramatic or dramatico-musical work; a choreographic work or

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cinematographic work to which are assimilated works expressed by a process

analogous to cinematography; a work of drawing, painting, architecture,

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assimilated works expressed by a process analogous to photography; a work

of applied art; an illustration, map, plan, sketch or three-dimensional

work relative to geography, topography, architecture or science; a

performance; a broadcast; a phonogram; a compilation of data to the extent

it is protected as a copyrightable work; or a work performed by a variety

or circus performer to the extent it is not otherwise considered a

literary or artistic work.

7. "You" means an individual or entity exercising rights under this

License who has not previously violated the terms of this License with

respect to the Work, or who has received express permission from the

Licensor to exercise rights under this License despite a previous

violation.

8. "Publicly Perform" means to perform public recitations of the Work and

to communicate to the public those public recitations, by any means or

process, including by wire or wireless means or public digital

performances; to make available to the public Works in such a way that

members of the public may access these Works from a place and at a place

individually chosen by them; to perform the Work to the public by any

means or process and the communication to the public of the performances

of the Work, including by public digital performance; to broadcast and

rebroadcast the Work by any means including signs, sounds or images.

9. "Reproduce" means to make copies of the Work by any means including

without limitation by sound or visual recordings and the right of fixation

and reproducing fixations of the Work, including storage of a protected

performance or phonogram in digital form or other electronic medium.



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limit, or restrict any uses free from copyright or rights arising from

limitations or exceptions that are provided for in connection with the

copyright protection under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License,

Licensor hereby grants You a worldwide, royalty-free, non-exclusive,

perpetual (for the duration of the applicable copyright) license to

exercise the rights in the Work as stated below:



1. to Reproduce the Work, to incorporate the Work into one or more

Collections, and to Reproduce the Work as incorporated in the Collections;

2. to create and Reproduce Adaptations provided that any such Adaptation,

including any translation in any medium, takes reasonable steps to clearly

label, demarcate or otherwise identify that changes were made to the

original Work. For example, a translation could be marked "The original

work was translated from English to Spanish," or a modification could

indicate "The original work has been modified.";

3. to Distribute and Publicly Perform the Work including as incorporated

in Collections; and,

4. to Distribute and Publicly Perform Adaptations.

5. For the avoidance of doubt:



1. Non-waivable Compulsory License Schemes. In those jurisdictions in

which the right to collect royalties through any statutory or compulsory

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right to collect such royalties for any exercise by You of the rights

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the right to collect royalties through any statutory or compulsory

licensing scheme can be waived, the Licensor waives the exclusive right to

collect such royalties for any exercise by You of the rights granted under

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member of a collecting society that administers voluntary licensing

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such modifications as are technically necessary to exercise the rights in

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1. You may Distribute or Publicly Perform the Work only under the terms of

this License. You must include a copy of, or the Uniform Resource

Identifier (URI) for, this License with every copy of the Work You

Distribute or Publicly Perform. You may not offer or impose any terms on

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of warranties with every copy of the Work You Distribute or Publicly

Perform. When You Distribute or Publicly Perform the Work, You may not

impose any effective technological measures on the Work that restrict the

ability of a recipient of the Work from You to exercise the rights granted

to that recipient under the terms of the License. This Section 4(a)

applies to the Work as incorporated in a Collection, but this does not

require the Collection apart from the Work itself to be made subject to

the terms of this License. If You create a Collection, upon notice from

any Licensor You must, to the extent practicable, remove from the

Collection any credit as required by Section 4(b), as requested. If You

create an Adaptation, upon notice from any Licensor You must, to the

extent practicable, remove from the Adaptation any credit as required by

Section 4(b), as requested.

2. If You Distribute, or Publicly Perform the Work or any Adaptations or

Collections, You must, unless a request has been made pursuant to Section

4(a), keep intact all copyright notices for the Work and provide,

reasonable to the medium or means You are utilizing: (i) the name of the

Original Author (or pseudonym, if applicable) if supplied, and/or if the

Original Author and/or Licensor designate another party or parties (e.g.,

a sponsor institute, publishing entity, journal) for attribution

("Attribution Parties") in Licensor's copyright notice, terms of service

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title of the Work if supplied; (iii) to the extent reasonably practicable,

the URI, if any, that Licensor specifies to be associated with the Work,

unless such URI does not refer to the copyright notice or licensing

information for the Work; and (iv) , consistent with Section 3(b), in the

case of an Adaptation, a credit identifying the use of the Work in the

Adaptation (e.g., "French translation of the Work by Original Author," or

"Screenplay based on original Work by Original Author"). The credit

required by this Section 4 (b) may be implemented in any reasonable

manner; provided, however, that in the case of a Adaptation or Collection,

at a minimum such credit will appear, if a credit for all contributing

authors of the Adaptation or Collection appears, then as part of these

credits and in a manner at least as prominent as the credits for the other

contributing authors. For the avoidance of doubt, You may only use the

credit required by this Section for the purpose of attribution in the

manner set out above and, by exercising Your rights under this License,

You may not implicitly or explicitly assert or imply any connection with,

sponsorship or endorsement by the Original Author, Licensor and/or

Attribution Parties, as appropriate, of You or Your use of the Work,

without the separate, express prior written permission of the Original

Author, Licensor and/or Attribution Parties.

3. Except as otherwise agreed in writing by the Licensor or as may be

otherwise permitted by applicable law, if You Reproduce, Distribute or

Publicly Perform the Work either by itself or as part of any Adaptations

or Collections, You must not distort, mutilate, modify or take other

derogatory action in relation to the Work which would be prejudicial to

the Original Author's honor or reputation. Licensor agrees that in those

jurisdictions (e.g. Japan), in which any exercise of the right granted in

Section 3(b) of this License (the right to make Adaptations) would be

deemed to be a distortion, mutilation, modification or other derogatory

action prejudicial to the Original Author's honor and reputation, the

Licensor will waive or not assert, as appropriate, this Section, to the

fullest extent permitted by the applicable national law, to enable You to

reasonably exercise Your right under Section 3(b) of this License (right

to make Adaptations) but not otherwise.



5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR

OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY

KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,

INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,

FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF

LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,

WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION

OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

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LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR

ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES

ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination



1. This License and the rights granted hereunder will terminate

automatically upon any breach by You of the terms of this License.

Individuals or entities who have received Adaptations or Collections from

You under this License, however, will not have their licenses terminated

provided such individuals or entities remain in full compliance with those

licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of

this License.

2. Subject to the above terms and conditions, the license granted here is

perpetual (for the duration of the applicable copyright in the Work).

Notwithstanding the above, Licensor reserves the right to release the Work

under different license terms or to stop distributing the Work at any

time; provided, however that any such election will not serve to withdraw

this License (or any other license that has been, or is required to be,

granted under the terms of this License), and this License will continue

in full force and effect unless terminated as stated above.



8. Miscellaneous



1. Each time You Distribute or Publicly Perform the Work or a Collection,

the Licensor offers to the recipient a license to the Work on the same

terms and conditions as the license granted to You under this License.

2. Each time You Distribute or Publicly Perform an Adaptation, Licensor

offers to the recipient a license to the original Work on the same terms

and conditions as the license granted to You under this License.

3. If any provision of this License is invalid or unenforceable under

applicable law, it shall not affect the validity or enforceability of the

remainder of the terms of this License, and without further action by the

parties to this agreement, such provision shall be reformed to the minimum

extent necessary to make such provision valid and enforceable.

4. No term or provision of this License shall be deemed waived and no

breach consented to unless such waiver or consent shall be in writing and

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respect to the Work licensed here. There are no understandings, agreements

or representations with respect to the Work not specified here. Licensor

shall not be bound by any additional provisions that may appear in any

communication from You. This License may not be modified without the

mutual written agreement of the Licensor and You.

6. The rights granted under, and the subject matter referenced, in this

License were drafted utilizing the terminology of the Berne Convention for

the Protection of Literary and Artistic Works (as amended on September 28,

1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the

WIPO Performances and Phonograms Treaty of 1996 and the Universal

Copyright Convention (as revised on July 24, 1971). These rights and

subject matter take effect in the relevant jurisdiction in which the

License terms are sought to be enforced according to the corresponding

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applicable national law. If the standard suite of rights granted under

applicable copyright law includes additional rights not granted under this

License, such additional rights are deemed to be included in the License;

this License is not intended to restrict the license of any rights under

applicable law.



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