Audio Orchestrator Terms of Use
Additional Terms of Use for 91热爆 Audio Orchestrator tool
1. Further to Your request to get access to Audio Orchestrator, a Connected Studio MakerBox tool (see defined terms in Section 10) and before accessing Audio Orchestrator, we ask You to acknowledge and agree to these Additional Terms of Use by completing the ABOUT YOU box below.
2. By accessing or using Audio Orchestrator, You also agree to the MakerBox Terms of Use and the 91热爆 Terms of Use. If there is a conflict between the terms in this document (the 鈥淎dditional Terms of Use鈥) and any other 91热爆 terms that apply, such conflict shall be reconciled in accordance with the following order of precedence:
2.1. The Additional Terms of Use will always prevail;
2.2. 91热爆 Terms of Use;
2.3 MakerBox Terms of Use.
3 Once You are given access credentials to Audio Orchestrator, You will have a non-exclusive, personal licence to use it for non-commercial Testing Purposes until the end of the Term. You shall not pass on to anyone else any access credentials, passwords or links that are provided to You to in order to download Audio Orchestrator , or make the Audio Orchestrator tool available for anyone else to use. If required, the 91热爆 may agree at its sole discretion to extend the Term.
4 When You create and export a Project as an Experience in Audio Orchestrator, the copyright for what You've made will belong to You, depending on the rules of copyright law, but the copyright in the Audio Orchestrator tool and in any code included in the Project and Experience still belongs to the 91热爆. And Audio Orchestrator will always be subject to these Additional Terms of Use. To find out more about copyright, visit the 91热爆's copyright aware website, []. You acknowledge the 91热爆鈥檚 full ownership of Audio Orchestrator (including any intellectual property rights in and to Audio Orchestrator and in any code in an Experience).
5 What limitations apply to Your use of Audio Orchestrator?
5.1 You shall not be entitled to reimbursement of any costs and/or to any other payments from the 91热爆.
5.2 You shall ensure that the development of any Project and the use of Audio Orchestrator to create such a Project are consistent with (i) 91热爆 Standards and (ii) third party rights including but not limited to intellectual property rights and any rights and freedoms under DPL. This means for example that:
5.2.1 Your creations in Audio Orchestrator can't advertise or promote things like personal websites or forums, commercial products or services, charities or fundraising events;
5.2.2 You can only use Your own copyright work, and/or a copyright work where the owner has granted You the express permission to use it, to publish or share an Experience.
5.2.3 You cannot use Audio Orchestrator to process Personal Data that is subject to restrictions under the DPL and/or that otherwise exposes the 91热爆 to any potential liabilities under the DPL. You should only create and share content using Audio Orchestrator in a manner that is consistent with the 91热爆 Standards (in particular the 91热爆鈥檚 rules for commenting and uploading - /usingthebbc/terms/what-are-the-rules-for-commenting/). Don't input data into Audio Orchestrator that could adversely impact Your or someone else鈥檚 privacy, like names, addresses and phone numbers; and
5.2.4 You must always comply with the provisions of the DPL when developing Projects and/or otherwise using Audio Orchestrator and NOT process any data that may bring the 91热爆 into disrepute or breach any 91热爆 Standards, DPL and/or other applicable laws.
5.3 You shall NOT copy, adapt, reverse engineer, de-compile, disassemble or modify Audio Orchestrator and Experience code in whole or in part.
5.4 Except to the extent that they are automatically incorporated into an Experience by Audio Orchestrator You shall not refer to or use, without prior written authorisation, the 91热爆鈥檚 name or logo.
6 How will You be contributing to the 91热爆鈥檚 mission?
6.1 The 91热爆 encourages You to provide Feedback about Audio Orchestrator via the MakerBox community and really appreciates that Feedback. You agree that the 91热爆 will be free to use Feedback for any purpose without restrictions, including reviewing and making any improvements to Audio Orchestrator, and publishing any comments in an anonymised form. Should the 91热爆 wish to publish Your Project or Experience, it shall confirm Your consent separately in writing. For the avoidance of doubt, You acknowledge that all inventions, improvements, and modifications conceived, created, developed, or otherwise made by 91热爆, in whole or in part, on and/or further to receiving any Feedback from You will be the exclusive property of the 91热爆, and all right, title and interest in and to any such inventions, improvements, and modifications will vest solely and entirely in 91热爆.
7 What do You need to be aware of?
7.1. Audio Orchestrator is made available 鈥榓s-is鈥 and no warranty, condition or representation of any kind is made, or to be implied as to it sufficiency, accuracy or fitness. Without limiting the general application of the foregoing, this means that (i) the 91热爆 does not guarantee that any particular material can be created using Audio Orchestrator or that such material and Audio Orchestrator (and its components) will always be available or be uninterrupted, timely, secure and free from errors, omissions or restrictions; (ii) the 91热爆 accepts no responsibility or liability for Your use of any material used in and/or created via Audio Orchestrator; (iii) the 91热爆 shall not have any obligation to host, use and/or otherwise process any content (including Projects and any material used to create these); and (iv) the 91热爆 is not responsible or liable for any loss of data or damage to any hardware or software caused by using Audio Orchestrator or its components.
7.2. The 91热爆 may modify, suspend, withdraw or discontinue access to Audio Orchestrator, any material accessible or created thereby and/or part of these, with immediate effect and without any prior notice to the extent reasonably required at its discretion.
7.3. You will need to download and install FFmpeg audio encoding software on Your computer for Audio Orchestrator to function. The 91热爆 is not responsible for the provision or this software, or its use by You, and is not responsible or liable for any loss of data or damage to any hardware or software caused. You are wholly responsible for accepting and abiding by any terms and conditions required by any third party to download, install and use FFmpeg.
7.4. The 91热爆 may make example Project files (including audio and image files) available for You to use in Audio Orchestrator. The use of these example Projects is subject always to the terms of this Agreement and any further terms and conditions that will be specified with the files when they are made available to You.
7.5. Data sharing in Audio Orchestrator
When creating a Project or Experience, and when interacting with another user鈥檚 Project or Experience, both system data and data input by You or another user may be shared with and viewed by other users and accessed by different Audio Orchestrator components, within that Project/Experience session only, both:
(i) via a local or public web server configured and controlled by You including the local preview web server provided by Audio Orchestrator; and
(ii) via a 91热爆-hosted cloud-sync server or a custom server configured and controlled by You which facilitates the synchronisation of audio streams between devices, and the exchange of data as required by Your Project (such as outputs that You specify as part of the Project 鈥 e.g. checkboxes, radio buttons, sliders and their associated text labels) between devices.
The 91热爆 cloud-sync server may store anonymous randomly generated device or session identifiers for system performance analysis, but the data You input into or export from Audio Orchestrator and that passes through the server is not shared with or stored by the 91热爆. Randomly generated device identifiers are also shared between devices for the duration of a Project session only.
7.6 Please be responsible and respectful when inputting data into Audio Orchestrator, whether as the author of a Project or as a user participating in another user鈥檚 Project. Do not include audio, images, text and metadata that may be considered insulting, offensive or disrespectful, or use Audio Orchestrator in any way that may bring the 91热爆 into disrepute.
7.7 At the end of the Term or earlier further to Section 7.2, You must stop accessing Audio Orchestrator and You shall immediately delete the Audio Orchestrator tool, and/or any Projects or Experiences from servers or devices under Your control, where the 91热爆 reasonably requires You to do so at its discretion.
7.8 Some terms are intended to survive after the Term notwithstanding expiry and/or termination of any licence granted to You (e.g. Section 6).
8 How does the 91热爆 ensure compliance with Data Protection Legislation (鈥楧PL鈥)?
8.1 The 91热爆 collected and processed Personal Data included in Your request to access Audio Orchestrator, such as Your name, email address and occupation (鈥淎pplication Information鈥). The 91热爆 is the data controller of the Application Information it collected about You. This means that the 91热爆 decides what Your personal Application Information is used for, and the ways in which it is processed. The 91热爆 will only ever use personal details for the purposes of deciding and granting access to Audio Orchestrator, and will not publish them or provide them to any third party without Your permission, except as required by law. The 91热爆 will also collect any Feedback You provide on Audio Orchestrator, in accordance with Section 6.1 above. For the avoidance of doubt, any support provided to You shall be subject to 91热爆鈥檚 resource limitations and on a no warranties 鈥榓s-is鈥 basis.
8.2 The 91热爆 must have a valid reason to use Your personal information. It's called the "lawful basis for processing". In this case the 91热爆鈥檚 lawful basis is its legitimate interests to fulfil its statutory mission to promote innovation and work collaboratively with other organisations, particularly in the creative economy, where this is in the public interest.
8.3 Information about how the 91热爆 collects and uses Personal Data can be found in the 91热爆鈥檚 Privacy and Cookies Policy []. Find out more about how 91热爆 handles information and privacy [/usingthebbc/privacy/] or email to dpa.officer@bbc.co.uk if You have any questions.
8.4 You shall promptly notify the 91热爆 Connected Studios MakerBox team (makerbox@bbc.co.uk) if You become aware of any 91热爆 or third party rights infringement (including copyright, data protection and privacy rights) relating to Audio Orchestrator. In the event of any data protection related issue, You are required to notify the 91热爆 immediately (no later than within 24 hours) with copy to 91热爆 Information Security (at information.security@bbc.co.uk) and 91热爆 Data Protection Officer (at dpa.officer@bbc.co.uk).
8.5 To the extent that any Personal Data is included in a Project or Experience, You will be the data controller in respect of such Personal Data. The 91热爆 may use Projects, Experiences and Feedback in accordance with Section 6.1 above and You must ensure that any Projects or Experiences that You agree to provide to the 91热爆 shall include no Personal Data.
9 Your agreement with the 91热爆 shall be governed by and construed in accordance with the Laws of England & Wales; and any disputes arising in any way out of or affecting this agreement shall be subject to the exclusive jurisdiction of the English courts.
10 Definitions:
10.1 鈥淎udio Orchestrator鈥 means a 91热爆 production tool which is showcased on MakerBox.
10.2 鈥91热爆鈥 means the British Broadcasting Corporation whose principal office is at Broadcasting House, Portland Place, London W1A 1AA;
10.3 鈥91热爆 Standards鈥 means all 91热爆 guidelines, policies and standards including (but not limited to) the 91热爆鈥檚 Editorial Guidelines available at ;
10.4 鈥91热爆 Terms of Use鈥 means the Terms of Use for the 91热爆鈥檚 digital services available at /terms/;
10.5 鈥淒PL鈥 means the General Data Protection Regulation 2016/679/EU (鈥淕DPR鈥), the Data Protection Act 2018 (UK) and any other applicable laws relating to the processing of Personal Data, including the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all related regulations, regulatory codes of practice, opinions and guidance issued from time to time, including by the Information Commissioner, and in each case any amending, superseding or replacement applicable law;
10.6 鈥淓xperience鈥 means an exported prototype experience, including any audio, data and code, which is a self-contained output of a Project, either previewed and hosted within Audio Orchestrator, or exported from Audio Orchestrator in the form of a web application and that may be accessed and interacted with by other users;
10.7 鈥淔eedback鈥 means any feedback and test results that have been achieved in connection with Audio Orchestrator;
10.8 鈥淢akerBox鈥 means the 91热爆 website, Connected Studio MakerBox (/makerbox);
10.9 鈥淢akerBox Terms of Use鈥 means the Terms of Use for MakerBox available at /makerbox/terms; and
10.10 鈥淧ersonal Data鈥 has the meaning given to that term in the DPL;
10.11 鈥淧roject鈥 means an orchestrated audio experience project authored, edited and previewed using Audio Orchestrator, including any audio, data and code combined within such project, and that may be exported from Audio Orchestrator as an Experience;
10.12 鈥淭erm鈥 means a period of six (6) months from the 鈥楻eference Date鈥 at the top of this document; and
10.13 鈥淭esting Purposes鈥 means (i) non-commercial internal testing activities; (ii) contribution to the community conversation which is taking place on MakerBox for the purpose of sharing insight and inspiring innovation and (iii) providing the 91热爆 with Feedback.