calypsoroom

Terms of Service    Privacy Policy    Cookies Policy

Terms of Service

Welcome to Calypsoroom (“Calypso”, “Service”, “Software”, “Platform”, “Site”, “Website”, “We” or “Us”). The Service is offered by Calypsoroom Inc., a Company incorporated by the law of Ireland and with its main place of business at “James’s Walk 31 Apt.9, Dublin, D08F973, Ireland”. Calypsoroom provides video chat, text chat, social network and streaming music services. Herein are explained the Terms by which You may use our online Service. By accessing the Service, it means that You have read, understood, and agreed to these Terms of Service, our Privacy Policy and our Cookies Policy.

Eligibility

This document represents a formal Agreement between You and Calypso. Please read carefully these Terms, our Privacy Policy and Cookies Policy before accessing into the Platform and agree with them otherwise Your access cannot be granted. By accepting this Agreement, You declare that You are 18 years of age or older. Keep out if You are under 18 years of age cause is strictly prohibited and in violation of this Agreement.

Limited License

Accepting these Terms will give You a personal, worldwide, non-assignable, non-sub licensable, non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal use only using Your desktop or Pc. You shall not sell, license, rent, or otherwise use our Platform for commercial use or in a way that violates our rights. You agree that the Service is licensed, not sold to You. We could stop to provide You our Service with or without a previous notification. For the same reason We may change the Service and/or create usage limits for it. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of the Agreement or Your use of the Service.

User Accounts

You need to register in order to create a Calypsoroom Account. The moment You are about to create an Account, please provide accurate, up to date and complete information. When You register for Calypso, You will need to use Your email and nickname. You are solely responsible for maintaining the confidentiality and security of Your username and password, and You will remain responsible for all their uses/activities associated with Your Account, with or without Your consent. In the case Your username and password are lost/stolen and someone else got the access into the platform on Your behalf, please contact Us immediately at contact(at)calypsoroom(dot)com and change Your password as soon as possible. In case You are opening an account on behalf of an organization and/or company and/or entity then (i) “You” includes You and the entity You are subscribing to, and (ii) You represent and warrant that You are an authorized representative of the entity with the authority to bind that entity to this Agreement, and that You agree to this Agreement on the entity’s behalf. Do not use any nickname that violates any copyright and/or third party’s trademark right. The nickname has not to be profane, offensive or unacceptable in any other way. We will ask You to remove/change Your nickname if it doesn’t comply with these Terms. To avoid retaining data that is no longer needed and/or to improve our Service, We may delete or terminate Accounts that are inactive (i.e., not logged into) for 30 days for any reason at our sole discretion. You may, as well, terminate Your Account whenever You want through the setting page of Your personal Account.

Profile Picture

Please respect the following guidelines when submitting a profile picture: can’t be blank; can’t be copyrighted by a third person; no harassment; no violence, no nudity; no profanity or offensive language, no pornographic; nothing indecent or obscene. We will remove or ask You to change any of the profile pictures We will find against these Terms.

User behaviour

Through the acceptance of these Terms, We grant You a personal, worldwide, non-assignable, non-sub licensable, non-exclusive, limited, non-transferable, freely revocable right and license to use the Platform. There are few general rules when You start to use Calypsoroom:

- You must not infringe any third party’s intellectual property rights or privacy.
- You must not circumvent any technological measure implemented by Calypso to protect the Site, Service or Content.
- You must not use, display, mirror or frame the Site, or any individual element within the Site, Calypso’s name, any Calypso’s trademark, logo or other propriety information, or the layout and design of any page or form contained on a page, without our expressed written consent.
- You must not send or broadcast any unsolicited or unauthorized advertising, promotional materials or other form of solicitation.
- You must not use the Site, Service or Content for any commercial purpose.
- You must not attempt to decipher, decompile, disassemble or reverse engineer any of the Software used to provide the Site, Services or Content.
- You must not upload invalid data, viruses, worms, or other Software agents through the Service.
- You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent Your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register Accounts, log in, add followers to Your Account, play Content, follow or un follow other users, send messages, or otherwise to act on Your behalf.
- You must not have a defamatory, obscene, pornographic, sexually explicit, nude, vulgar or offensive behaviour.
- You must not ask for or offer sexually explicit images, and/or material harmful to children.
- You must not promote violence, discrimination, bigotry, racism or harm against any individual or group.
- You must not stalk, exploit, threaten, abuse or otherwise harass any other users.
- You must not violate any applicable law.

We will reject and/or remove any User Account that We believe, in our sole discretion, is against these Terms, with or without any prior notification. By the nature of the Platform, You understand and acknowledge that, even if the Service is not provided for pornographic usage, You may be exposed to Contents that may be offensive, indecent or sexually explicit, and You agree to waive any legal rights against Us. Please let Us know as soon as possible if You will experience such circumstances and will start our internal investigations in order to stop them from happening. Calypso won’t be liable for any damages You declare to incur in getting in contact with other users, and You are ok with this. You will defend and hold Calypso and whoever works and collaborates with Us, harmless from and against any claims, damages, losses, and expenses including legal and accounting fees in relation to Your violation of these Terms.

Calypsoroom has no responsibility regarding Users activities into the Platform. You will be responsible for Your interaction with other Users and/or any third party arising out of Your use of the Service.

Links for third party websites and services

The Service may contain links to third-party websites and/or services sent to You by other users via private message during a music session or not. We do not endorse or assume any responsibility for any such third party sites or Services. If You access a third-party website or service from Calypsoroom, You do so at Your risk and You understand that this Agreement, our Privacy Policy and Cookies Policies do not apply to Your use of such sites. External services may have their own Terms of Use and/or Privacy Policy and may have different practices and requirement to those operated by Us. You are solely responsible for reviewing any Terms of Use, Privacy Policy or other terms governing Your use of these external services, which You use at Your own risk.

Copyright policy

We take copyrights very seriously, that’s why We directly license music with copyright owners.

We directly collect from them metadata (related both to Sound Recording and Musical Works) before publishing any track in the Platform.

Even so, if You believe that Your copyright has been infringed by Contents available in Calypsoroom, you will need to send an email to contact(at)calypsoroom(dot)com including the following information:

- Electronic or physical signature of You or Your legal representative
- A copy of a personal ID (passport or driver license) of You or Your legal representative
- Identification of the copyright infringed
- Identification of the Content(s) inside Calypso that is infringing Your copyright
- Your personal information in order for Us to contact You back (email, telephone number and physical address)
- A statement that the complaining party has good faith belief that use of the material is not authorized by the owner, agent or law
- A statement made under penalty of perjury, that the above information is accurate and that You are the copyright owner or You are authorized to act on behalf of the owner

Once all this information will be gathered We will start our internal investigation and We may share Your personal information with whomever is infringing the ownership You claim to have regarding a specific Content(s) made available into the Platform. Please bear in mind that if any of the above mentioned information is missing, it may preclude the validity of Your complain.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USERS' CONTENTS THAT WON’T MATCH OUR TERMS BEING INAPPROPRIATE AND/OR OBJECTIONABLE. WE AND ANY OTHER PARTY INVOLVED IN DELIVERING THE SERVICE (SUBSIDIARIES, AFFILIATES DIRECTORS, OFFICERS, EMPLOYEES OR ANY OTHER REPRESENTATIVES OF THE SERVICE) WON’T BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING LOSS OF DATA AND GOODWILL, DEVICE DAMAGES (BUGS, VIRUSES, TROJAN HORSES, OR THE LIKES), PERSONAL AND BODILY DAMAGES OR DISTRESS IN RELATION WITH BEING IN COMMUNICATION WITH ANOTHER PERSON INSIDE THE PLATFORM OR IN RELATION TO THE USE OF THE PLATFORM ITSELF. CALYPSOROOM WON’T BE LIABLE FOR ANY DAMAGES TO DEVICES AND/OR COMPUTER SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH OR FROM ANY VIRUSES, BUGS, FRAUD, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION ETC.) YOU MAY HAVE IN RELATION TO THE USE OF OUR PLATFORM.

Our Proprietary Rights

The Service and all materials related to that (Software, Images, Text, Graphics, Illustrations, Logos, Trademarks, Service mark, Copyright, Photographs, Audio, Videos, and all Intellectual Property Rights) are the exclusive property of Us and our third-party licensors. You agree and respect that You won’t create derivate works, edit, adapt, publish, publicly perform, publicly display, transmit, reproduce, copy, distribute, modify, license, rent and sell any of Calypso Contents. You are not allowed to use the Service for commercial usage.

We really want to get feedback from You, but please be aware that in case You submit feedback to Us any of the feedback would be exclusive property of Calypsoroom and You agree to assign to Us any of Your rights in and to all feedback You send (copyright rights, trade secret, worldwide patent rights included). You acknowledge that We own any feedback provided, and You hereby grant to Us, if for any reason it is further needed, a perpetual, non revocable, royalty free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If We choose to publish such feedback, We will either do so in a way that does not identify You or seek Your consent in the event We do wish to identify You.

Platform’s changes

We may change, suspend and/or terminate specific features within the Platform. You hereby agree that Calypso and whoever is involved in providing our Service (employees, agents, directors etc.) shall not be liable to You or to any third party for any changes or modifications to our Website.

The Service is currently made available without charge. However, We reserve the right to charge for Your use of the Service at any time, providing to You an appropriate notice.

Security

We keep Your information safe and this is very important for Us. In order to meet high standard safety procedures, We guarantee the encryption of any information using secure socket layer (SSL) technology. No face filter, stickers or tracker lens are used in Calypsoroom. We do not collect, store and use the User’s facial geometry. Be reminded that Calypso is a video chat streaming Service. Streaming, by definition, is a method of transmitting data from the Internet directly to users' devices in real time, without the need to download or save anything. We do not record, store and collect Your streaming music session in Calypsoroom.

You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Platform, features that prevent or restrict the use or copying of any Content accessible through Calypso, or features that enforce limitations on the use of the Platform.

No Warranty

THE SERVICE DOESN’T INCLUDE ANY WARRANTIES, AND IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE TO USE THE SERVICE AT YOUR OWN RISK AS THE SERVICE IS PROVIDED WITHOUT ANY KIND OF WARRANTIES. WE CANNOT WARRANT THAT: WE CAN KEEP THE CONTROL OVER THE USERS GAINING ACCESS TO THE SITE; THE CONTENTS AND OTHER USERS BEHAVIOURS WILL BE RELIABLE AND CORRECT; WHAT EFFECTS OTHER USERS BEHAVIOURS MAY HAVE ON YOU; HOW YOU MAY INTERPRET THIS BEHAVIOURS; WHAT ACTIONS YOU MAY TAKE OR NOT TAKE AS RESULT OF HAVING BEEN EXPOSED TO SUCH BEHAVIOURS. CALYPSOROOM AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: CALYPSO WILL BE AVAILABLE 24/7; ANY BUGS WILL BE FIXED; THAT THE SERVICE IS FREE VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS INSIDE CALYPSOROOM AND WE DO NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK. WE RECOMMEND YOU TO DO NOT DISCLOSE ANY OF YOUR PERSONAL INFORMATION TO OTHER USERS.

Indemnification

YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CALYPSOROOM AND ITS AFFILIATES, AUTHORIZED SUBLICENSES AND DISTRIBUTORS, AND EACH OF THEIR EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES, FROM ANY AND ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARISE FROM OR RELATED TO YOUR USE OF AND/OR ACCESS TO CALYPSO AND/OR FOR BREACH OF ANY OF YOUR REPRESENTATIONS AND WARRANTIES IN THESE TERMS OF SERVICE. YOU WILL COOPERATE AS FULLY AND REASONABLY AS REQUIRED BY CALYPSO IN THE DEFENCE OF ANY CLAIM.

Termination


We can terminate, restrict, suspend or deny Your access into the Platform (or specific section of the Platform) at any time, with or without cause and/or notice, effective immediately, which may result of the destruction of all Your personal information (email, nickname, date of birth, profile picture, nationality) stored in our database. In the case You would like to terminate Your Account by Yourself, You will always be able to do so from Your personal profile in Calypso, setting section. In case You decide to do so, We guarantee the automatic destruction of Your personal information stored within our servers (email, nickname, date of birth, profile picture, nationality). We reserve the right to terminate Your Account if it has been inactive for 9 days. Please bear in mind that due the social nature of the Service, some of the interactions You had in Calypsoroom may be still visible to other users.

Calypso Contents

The Content that Calypso provides to users on or through the Service, including, without limitation, any sound recordings (and the musical works embodied therein), video, text, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by Us or our third-party licensors. Calypso’s Contents are exclusively for use as part of the Service and may not be exported outside of our Service.

Disputes

For any dispute with Calypsoroom, contact Us at contact(at)calypsoroom(dot)com and We will do our best to resolve the issue in an informally way. Each of You and Us agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiation which shall be a precondition to either party initiating a lawsuit or arbitration. In case we fail to find a common ground, for any disputes that may arise between Us, in connection with these Terms and the Service, the arbitration will be resolved and subjected to Irish courts, unless both parties agree otherwise. You and Calypso agree that each of us may bring claims and disputes against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and Calypso agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims or disputes or preside over a representative or class proceeding. The arbitrator may award relief only to the individual bringing the action and any relief awarded may not affect other Users.

Force Majeure

We shall not be responsible for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control including without limitations, acts of God, war, riots, terrorism, embargoes, acts of civil or military authorities, fire, flood, or accident.

General

We reserve the right to modify this policy from time to time. We encourage checking it out this policy once in a while to be sure about the changes that We will produce during the time. By accepting these Terms and Conditions You are also accepting the terms of our Privacy Policy and our Cookies Policy. When We make changes, We will notify You and We will post the updated notice on the Website and update the notice’s effective date. Continuing to use our Services after We publish changes to these Terms and Conditions means that You agree to the changes. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Last update on the 19th of January 2022

Contact Us

For any questions about these Terms of Service, don’t hesitate to contact Us at contact(at)calypsoroom(dot)com


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