Music content used during Lessons

1. Temporary upload feature

grply makes available to the Instructor a technical feature that allows the temporary upload of one or more music or audio contents exclusively for the purpose of using them within a specific lesson organized and conducted by the Instructor.

The upload of Music Content does not result in its publication within the Platform, nor in its inclusion in a catalog, archive, or music service accessible to users.

The Music Content uploaded by the Instructor:

a) is associated exclusively with the specific lesson for which it was uploaded;

b) is accessible exclusively to the Instructor and to the participants authorized and duly admitted to the relevant lesson;

c) is not publicly accessible, indexed, searchable, or viewable by other users of the Platform;

d) may not be shared with other Instructors or used by them;

e) is not made available to students for download, copying, or independent listening separately from the lesson;

f) does not form part of a music catalog offered by grply;

g) is transmitted exclusively within the scope of the relevant lesson and for its duration.

2. Technical storage and deletion

The storage of the Music Content on grply’s systems is temporary and strictly serves the technical delivery of the specific lesson.

At the end of the lesson, the Music Content is automatically deleted from the Platform’s active storage systems and does not remain available to the Instructor or to the students for subsequent use.

Any transient technical copies automatically generated within caching, security, disaster recovery, or backup systems may persist exclusively for the period technically necessary for their automatic overwriting or deletion and shall not be accessible to or usable by users of the Platform.

grply does not use the Music Content uploaded by the Instructor to create or feed its own music catalog and does not independently make it available to other users.

3. Content selection and Instructor’s responsibility

The choice of the Music Content used during the lesson is made exclusively by the Instructor.

grply does not select, suggest, provide, or license to the Instructor the Music Content uploaded through this feature.

The Instructor is therefore solely responsible, vis-à-vis grply, for the lawfulness of the upload and use of the Music Content and represents and warrants that they hold all rights, licenses, authorizations, and consents necessary to:

• temporarily upload the Music Content onto the Platform’s systems;
• allow its technical storage;
• allow its technical reproduction;
• allow its transmission within the scope of the lesson;
• use it during a professional, commercial, sporting, educational, or other activity;
• allow the participants in the lesson to listen to it;
• allow grply to perform all technical operations strictly necessary for the provision of the service.

This responsibility covers all rights that may be applicable in relation to the musical work, the composition, the phonographic recording, the authors, publishers, producers, performing artists, and any other rights holder.

4. Territorial licenses and use of music

The Instructor acknowledges that the right to lawfully own, purchase, or access a music recording does not necessarily entail the right to use it during a lesson or to transmit it to third parties.

It is the exclusive responsibility of the Instructor to verify, prior to each use, whether the law applicable in the country or territory in which the lesson is conducted or received requires specific licenses, authorizations, notifications, fees, or payments.

The Instructor is also responsible for obtaining and maintaining any authorizations required by collective management organizations, performing rights organizations, collecting societies, phonogram producers, music publishers, or other rights holders, including, by way of example only, organizations such as SIAE, SCF, or equivalent organizations in other countries.

Such authorizations, licenses, and related costs are not included in the service provided by grply, unless expressly indicated otherwise in writing.

5. Technical license granted to the Platform

By uploading Music Content, the Instructor grants Digital Vision Code LLC, limited to the duration and purposes of the specific lesson, a non-exclusive, temporary, revocable, and royalty-free license, to the extent strictly necessary to store, process, convert, encode, technically reproduce, and transmit the Music Content to the participants authorized for the lesson.

Such license:

• is granted exclusively for the purpose of enabling the technical operation of the Platform;
• does not authorize Digital Vision Code LLC to independently commercialize the Music Content;
• does not permit its use within other lessons;
• does not permit its distribution to other Instructors;
• terminates automatically upon the deletion of the Music Content following the conclusion of the relevant lesson.

The Instructor represents and warrants that they have the right to grant Digital Vision Code LLC such technical authorization.

6. Third-party music services

The Instructor acknowledges that a subscription, even one lawfully purchased, to third-party music or audiovisual services does not necessarily entail the right to copy, upload, retransmit, or use the related content within their own lessons.

The Instructor may therefore not use content originating from Spotify, Apple Music, YouTube, Amazon Music, or other similar services where the relevant contractual terms or licenses do not expressly permit the use made through grply.

7. Declaration made at the time of upload

Each time they upload Music Content, the Instructor declares and warrants:

“I declare that I hold, or have obtained, all rights, licenses, and authorizations necessary to upload and use this Music Content within the scope of the lesson and to allow its transmission to the relevant participants through grply.

I further declare that I have obtained, where necessary, all territorial licenses, authorizations, and permits required by collecting societies, collective management organizations, and other rights holders.

I understand that grply provides exclusively the technological tool necessary for the temporary storage and transmission of the content within the scope of my lesson and does not grant me any license relating to the Music Content.”

The Instructor may not proceed with the upload of the Music Content without expressly accepting this declaration.

8. Indemnification

To the maximum extent permitted by applicable law, the Instructor undertakes to indemnify, defend, and hold harmless Digital Vision Code LLC, as well as its affiliated companies and their respective directors, employees, contractors, and suppliers, from and against any claim, demand, dispute, proceeding, action, damage, loss, cost, penalty, royalty, fee, compensation, or expense, including reasonable legal expenses, arising directly or indirectly from:

a) the upload or use of the Music Content carried out by the Instructor;

b) the lack of ownership of the necessary rights;

c) the absence of the necessary licenses or authorizations;

d) the infringement of copyright or related rights;

e) the failure to pay fees due to collecting societies, collective management organizations, producers, publishers, authors, artists, or other rights holders;

f) the use of the Music Content in violation of the law applicable in the place where the lesson is conducted or received;

g) the falsity or inaccuracy of the representations and warranties made by the Instructor under this section.

Where Digital Vision Code LLC receives a claim or demand relating to Music Content uploaded by the Instructor, the Instructor shall be required to promptly provide all documentation necessary to demonstrate the lawfulness of the relevant use and to cooperate with Digital Vision Code LLC in the handling of the claim.

Digital Vision Code LLC reserves in any event the right to prevent the upload, interrupt the transmission, remove the Music Content, suspend the feature, or suspend the Instructor’s account where it reasonably believes that the content may infringe third-party rights or violate applicable law.