Legal
Terms of Use & Privacy Policy
DOVA
TERMS OF USE &PRIVACY POLICY
Effective Date: [DATE]
Dova Music, LLC
Welcome to Dova.
These Terms of Use & Privacy Policy govern your access to and use of Dova, including our website, mobile applications, the Proving Ground, profiles, music discovery and feedback experiences, and other Dova features and services.
The Terms of Use establish the rules and conditions for using Dova, and the Privacy Policy explains how Dova collects, uses, retains and shares Personal Information.
Together, they form this single document and apply when you create an account or use Dova.
These Terms of Use & Privacy Policy are a binding agreement between you and Dova Music, LLC ("Dova," "we," "us," or "our").
By creating an account or using Dova, you agree to these Terms of Use & Privacy Policy. If you do not agree, do not use Dova.
1. ABOUT DOVA AND THESE TERMS
What Dova is
Dova is an interactive, gamified, social music discovery, fan-development, feedback, participation and artist-growth platform.
Our purpose is to connect and engage aspiring, independent, emerging and rising music artists with Music Lovers everywhere and empower both.
Music playback is made available as part of those experiences.
Dova is not designed or offered as a conventional music streaming platform whose primary purpose is passive music consumption or payment to artists based on streams.
Artists use Dova to explore opportunities to expand their audience, build and engage a fan base, receive feedback, better understand audience response and participate in Dova artist-growth experiences.
Music Lovers use Dova to discover music, provide feedback, engage with artists, develop their taste and reputation, and participate in Dova experiences.
Dova does not guarantee that participation will produce any particular audience, fan growth, score, ranking, revenue, commercial opportunity or other result.
Eligibility
You must be at least 13 years old to use Dova.
You must be at least 18 years old, or the age of legal majority where you live, to independently submit Artist Content and accept the artist-specific provisions of these Terms.
Dova may permit artists between 13 and 17 to submit Artist Content with the approval of a parent or legal guardian through a process established by Dova.
Users under 13 are not permitted to create accounts.
Dova may limit availability in particular countries or territories.
Your account
You must provide materially accurate information and are responsible for maintaining the security of your account.
You may not impersonate another person or artist, create fraudulent accounts, improperly transfer accounts, circumvent restrictions or use automated systems to create or operate accounts without Dova's permission.
Dova is evolving
Dova is an early-stage platform and may be offered through MVP, Early Access, testing and other developing product stages.
Features, gameplay, functionality, scores, rankings, progression systems, technical architecture and availability may change as Dova develops.
Dova may add, remove, modify, test, reset or discontinue features or experiences.
Participation does not create a right to any particular feature, ranking, score, functionality or future version of Dova.
2. OUR AI PROMISE TO ARTISTS
Dova will never use Artist Content to train generative AI.
Dova is not a generative music company.
We may use AI and other technologies to identify and evaluate characteristics of music and use that analysis to develop, train and improve DovaRythm and other non-generative technologies that power discovery, matching, audience intelligence, safety and other Dova experiences.
But we will never scrape, appropriate or use Artist Content to train generative AI systems that create music or other creative works that replace or compete with artists.
Dova uses AI to expand opportunity for artists, not to replace their creativity.
Dova does not authorize service providers processing Artist Content on Dova's behalf to use that Artist Content to train generative AI systems that create music or other creative works that replace or compete with artists.
3. ARTISTS AND ARTIST CONTENT
Your content is yours
"Artist Content" includes music, sound recordings, compositions, lyrics, videos, photographs, artwork, artist names, stage names, likenesses, biographies and other creative material submitted or made available by an artist through Dova.
Artists retain ownership of their underlying Artist Content.
Uploading Artist Content does not transfer ownership of that content to Dova.
Rights you give Dova
By submitting Artist Content, you grant Dova a worldwide, nonexclusive, royalty-free, transferable and sublicensable license to use the Artist Content in connection with operating, developing, improving, promoting, advertising, marketing and publicizing Dova and its experiences.
This includes the right to host, store, reproduce, copy, transmit, distribute, make available, publicly display, publicly perform, communicate, format, transcode, resize, crop, excerpt, clip, edit, synchronize, combine, adapt and otherwise use Artist Content in connection with Dova.
Dova may use Artist Content throughout Dova experiences, including the Proving Ground, artist profiles, myBoost, playlists, sharing experiences, live and interactive experiences, websites and applications.
Dova may also use Artist Content in Dova advertising, marketing, social media, public relations, app-store materials, presentations, demonstrations, promotional compilations and other Dova promotional materials and media.
Dova may permit its contractors, technology providers and other service providers to exercise these rights as necessary to provide services to Dova.
Perpetual marketing and historical rights
Dova's rights to use Artist Content for Dova's advertising, marketing, promotion, publicity, historical documentation and related company purposes are perpetual, worldwide and royalty-free.
These rights survive removal of Artist Content, account deactivation, account deletion and termination of these Terms.
Your responsibility for what you upload
Each time you submit Artist Content, you represent and warrant that:
- you own or control, or have obtained all rights, licenses, permissions, consents and authority necessary to submit the Artist Content and authorize Dova's use under these Terms;
- Dova's authorized use of the Artist Content will not infringe, misappropriate or violate the rights of another person or entity;
- material information you provide concerning yourself, the Artist Content and your authority to submit it is accurate; and
- the Artist Content complies with these Terms.
Copyright scanning
Dova may use automated technologies or other processes to review Artist Content for copyright, safety or compliance purposes.
If a copyright match is identified, Dova may require the artist to confirm that the artist has the rights, licenses or permissions necessary to proceed. An artist who chooses to proceed reaffirms the representations above.
An artist who chooses to proceed reaffirms the representations above.
Dova's screening does not transfer responsibility for rights clearance from the artist to Dova.
No streaming royalties from Dova
This is a material condition of artist participation on Dova.
Dova provides artists access to music discovery, fan-building, audience-development, feedback, artist-growth and other platform tools and experiences.
By submitting Artist Content, you acknowledge that you are participating in Dova to explore and use those opportunities rather than for the purpose of receiving streaming royalties from Dova.
In exchange for access to Dova's platform, tools, audience-building opportunities and experiences, you knowingly and expressly waive any right to receive, demand or claim from Dova any streaming, per-play, digital-performance or similar royalty or compensation based upon the playback, performance, availability or use of your Artist Content through Dova.
This waiver applies whether or not your participation results in additional fans, engagement, exposure, revenue, commercial opportunities or any other particular benefit.
Dova may separately introduce direct-to-consumer experiences, fan-supported features, microtransactions, artist rewards or other artist monetization programs.
Compensation offered through a Dova monetization program will be governed by the terms applicable to that program and does not create or restore an entitlement to streaming royalties from Dova.
Removing Artist Content
Artists may remove Artist Content from active availability where Dova provides that functionality.
Removal from active availability does not require Dova to destroy archived copies or delete historical data, votes, ratings, reviews, scores, analytics, user progression, Platform Data or Dova Intelligence generated while that content was available.
Removed Artist Content may remain in Dova's archival or backup systems and remains subject to Dova's perpetual marketing and historical rights.
4. USING DOVA AND COMMUNITY RULES
Dova is designed around participation, judgment, feedback and community engagement.
You must use Dova in a manner consistent with the integrity and purpose of the platform.
Community Contributions
"Community Contributions" include votes, ratings, reviews, comments, reactions and other community-facing feedback or participation submitted, recorded or generated through the Dova experience.
As between Dova and the User, Dova owns all Community Contributions submitted, recorded or generated through the Dova experience.
To the extent any intellectual-property or other proprietary rights in a Community Contribution are determined to vest initially in the contributor rather than Dova, the contributor automatically, irrevocably and without additional compensation assigns those rights to Dova upon submission, without any additional action by the User.
To the extent any such rights legally cannot be assigned, the User grants Dova the broadest perpetual, worldwide, royalty-free, transferable and sublicensable rights permitted by law to use the Community Contribution.
Deletion of an account does not reverse Dova's ownership of Community Contributions.
Private person-to-person communications are not Community Contributions solely because they occur through Dova.
Platform integrity
You may not manipulate or attempt to manipulate Dova.
This includes:
- bots or automated voting;
- fraudulent or fake accounts;
- unauthorized account farming;
- coordinated fraudulent voting;
- buying or selling unauthorized votes;
- falsifying engagement;
- exploiting bugs or vulnerabilities;
- circumventing participation limits;
- unauthorized scripts or automation; or
- interfering with Dova's security or integrity systems.
Dova may invalidate activity, correct scores, adjust rankings, restrict features, remove content, suspend accounts or terminate accounts where Dova identifies suspected manipulation or abuse.
Dova is not required to disclose proprietary algorithms, weighting methods, scoring rules, detection methods or other internal systems.
Community and content standards
You may not use Dova to submit, display, promote or engage in content or conduct involving:
- sexual exploitation;
- sexual or nude content prohibited by Dova;
- sexual content involving minors;
- hateful or discriminatory content, including symbols, images or attacks;
- threats or harassment;
- graphic or gratuitous violence;
- unlawful conduct;
- infringement of intellectual-property rights;
- impersonation or fraud;
- spam or manipulation;
- malicious software; or
- other activity that Dova reasonably determines threatens the safety, integrity or purpose of the platform.
Dova may remove content or restrict, suspend or terminate accounts for violations of these Terms.
Copyright complaints
Dova respects intellectual-property rights and responds to valid copyright complaints.
Dova may remove or disable access to content when it receives a copyright complaint, identifies a potential rights issue or otherwise determines that removal is appropriate.
Repeat copyright infringement may result in termination.
Dova will provide instructions for submitting copyright complaints and, where appropriate, counter-notices in accordance with applicable copyright law.
5. PRIVACY POLICY, DOVA DATA AND INTELLIGENCE
Dova owns its platform data and intelligence
Dova's data and intelligence are core assets of the Dova platform.
As between Dova and its Users, Dova owns all Platform Data and Dova Intelligence generated by or through the operation of Dova and Users' interactions with Dova.
Platform Data and Dova Intelligence include interaction and behavioral records, voting and rating records, engagement histories, playback activity, scores, rankings, grades, progression data, classifications, profiles, audience profiles, taste profiles, inferences, correlations, predictions, analytics, resonance information, datasets, databases, methodologies, models, model outputs, algorithms and other information and intelligence generated through Dova.
This includes information generated from individual activity as well as information created by combining or analyzing activity across users, artists, songs or experiences.
Users do not acquire ownership of DovaRythm, Dova models, Dova datasets, profiles, scores, rankings, analytics, methodologies, intelligence or model outputs because their activity contributed to their creation.
The fact that information may also constitute Personal Information under applicable law does not transfer ownership of Dova's Platform Data, intellectual property or intelligence to the User.
Dova intellectual property
Dova owns its platform, software, code, interfaces, designs, brands, trademarks, databases, data structures, game mechanics, scoring and ranking systems, progression systems, methodologies, algorithms, models, analytics, technology and all other Dova-created intellectual property.
Nothing in these Terms transfers ownership of Dova intellectual property to a User or Artist.
Information Dova collects
Dova may collect information you provide directly, and information generated through your use of Dova.
Depending on the features you use, this may include:
- name, username and account information;
- email address and phone number;
- date of birth or age;
- artist and profile information;
- photographs and profile images;
- device and browser information;
- IP address and other technical identifiers;
- location information where collected;
- votes, ratings, reviews, comments and reactions;
- follows and other connections;
- playlists;
- music and playback activity;
- searches;
- sharing activity;
- interaction and engagement history;
- account status and progression;
- communications with Dova;
- information associated with Artist Content;
- subscription or transaction information if paid features are later introduced; and
- information and inferences Dova develops from activity on the platform.
How Dova uses information
Dova may use information to:
- provide and operate Dova;
- authenticate accounts;
- provide music discovery and participation experiences;
- calculate scores, rankings, grades and progression;
- personalize experiences;
- understand audience and artist response;
- develop profiles, analytics and intelligence;
- develop, train, operate and improve DovaRythm and other Dova technologies consistent with our AI Promise;
- improve Dova products and experiences;
- conduct analytics and research;
- communicate with Users;
- protect Dova against fraud, manipulation, abuse and security threats;
- moderate content and enforce these Terms;
- comply with legal obligations; and
- develop and operate Dova's current and future business.
When Dova may share information
Dova may share information with service providers that help operate the platform, such as hosting, storage, security, communications, analytics, content scanning and technology providers.
Dova may also disclose information:
- when directed or authorized by the User;
- where necessary to provide a requested Dova feature;
- to investigate fraud, abuse or threats to safety or security;
- to protect Dova's legal rights;
- to comply with law or valid legal process;
- in connection with a financing, investment, merger, acquisition, restructuring, sale of assets or similar corporate transaction; or
- in aggregated, anonymized or other forms where appropriate.
Dova does not sell Artist Content.
Public activity
Information that you intentionally make public through Dova may be visible to other Users and may be used throughout Dova experiences.
You should not treat public comments, reviews, profile information or other publicly shared activity as private communications.
Private communications
Dova does not claim ownership of the underlying intellectual-property rights in private person-to-person communications.
Dova may store, process and transmit private communications as necessary to provide the service, maintain security, investigate abuse, enforce these Terms and comply with applicable law.
Data retention
Dova may retain information for as long as reasonably necessary for the purposes described in these Terms, including operating Dova, maintaining platform history and integrity, developing Dova Intelligence, protecting legal rights, resolving disputes, preventing fraud, maintaining security and complying with law.
Account deletion does not necessarily require deletion of all information previously generated through Dova.
Dova may retain Platform Data, Community Contributions, aggregated or anonymized information, archival records and other information Dova is legally permitted to retain.
Your privacy rights
Depending on where you live, privacy law may provide rights concerning Personal Information about you, including rights to request access, correction, deletion or portability or to restrict or object to certain processing.
Dova will honor privacy rights required by applicable law.
Those privacy rights do not create ownership rights in Dova's intellectual property, including Platform Data, DovaRythm, models, databases, methodologies, analytics or intelligence.
Dova will provide a method for submitting applicable privacy requests.
Security
Dova uses reasonable administrative, technical and organizational measures designed to protect information.
No electronic system is completely secure, and Dova cannot guarantee absolute security.
Children
Dova does not permit User accounts for children under 13.
Where Dova permits a minor artist to submit Artist Content, Dova may require participation or approval from a parent or legal guardian.
6. RESPONSIBILITY, DISCLAIMERS AND LIABILITY
Your responsibility
You are responsible for your use of Dova, your account and the content you submit.
You agree to defend, indemnify and hold harmless Dova Music, LLC and its officers, directors, employees, contractors, agents and representatives from claims, liabilities, damages, losses, costs and reasonable attorneys' fees arising from:
- your breach of these Terms;
- your misuse of Dova;
- your violation of law;
- your violation of another person's rights; or
- content you submit.
Artists additionally agree to defend, indemnify and hold Dova harmless from claims arising from Artist Content or from a breach of an artist's representations regarding ownership, authority, permissions, licenses or rights clearance.
Service disclaimers
Dova is provided on an "as is" and "as available" basis to the fullest extent permitted by law.
Dova disclaims warranties of merchantability, fitness for a particular purpose, noninfringement and uninterrupted or error-free operation to the fullest extent permitted by law.
Dova does not guarantee the accuracy, completeness or reliability of content submitted by Users or Artists. Scores, rankings, feedback, classifications and other Dova-generated platform outputs are based on Dova’s available data and methodologies, may change as Dova’s systems and data evolve, and do not guarantee any particular result.
Limitation of liability
To the fullest extent permitted by law, Dova and its officers, directors, employees, contractors, agents and representatives will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill, opportunities or business, arising from or relating to Dova or these Terms.
To the fullest extent permitted by law, Dova's total liability arising from or relating to Dova or these Terms will not exceed the greater of the amount you paid Dova during the twelve months before the event giving rise to the claim or one hundred U.S. dollars.
Some jurisdictions do not allow certain exclusions or limitations, so some of the provisions above may not apply to you.
7. DISPUTES AND OTHER LEGAL TERMS
Suspension and termination
Dova may restrict, suspend or terminate access to Dova, remove content or take other appropriate action where a User violates these Terms, creates risk or potential legal exposure, threatens platform integrity or where Dova otherwise reasonably determines action is necessary.
You may stop using Dova at any time and may request account deletion through methods Dova provides.
Provisions that by their nature should survive termination will survive, including provisions concerning ownership, licenses, perpetual rights, data retention, disclaimers, limitations of liability, indemnification and disputes.
Changes to Dova and these Terms
Dova may modify these Terms as the platform, its features, business practices or legal obligations evolve.
When required, Dova will provide notice of material changes. Continued use of Dova after revised Terms become effective constitutes acceptance of the revised Terms.
Third-party services
Dova may rely on or link to third-party services. Dova is not responsible for third-party services, content, terms or privacy practices.
Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Any dispute arising from or relating to Dova or these Terms will be resolved in the state or federal courts located in Delaware, and you consent to their personal jurisdiction, except where applicable law provides otherwise.
General terms
These Terms, together with any additional terms or policies expressly incorporated into them, constitute the entire agreement between you and Dova concerning your use of Dova.
If any provision is found unenforceable, the remaining provisions will remain in effect.
Dova's failure to enforce a provision is not a waiver of its right to do so later.
You may not transfer your rights or obligations under these Terms without Dova's consent. Dova may assign these Terms in connection with its business, including a financing, restructuring, merger, acquisition or sale of assets.
Headings are for convenience only and do not limit the meaning of these Terms.
Contact
Dova will provide contact information for legal, privacy and copyright matters through its website or applications.