Dataset Restricted Access

DAMP-MVP: Digital Archive of Mobile Performances - Smule Multilingual Vocal Performance 300x30x2

Smule, Inc

The Smule 300x30x2 dataset contains recordings of sung karaoke tracks, lyrics text files, and some metadata describing the songs being performed by each singer. This dataset was collected from performances on Smule by selecting the most popular singers, female and male, of the 300 most popular arrangements in 30 countries.

The most popular arrangements were determined by counting song starts or joins (duet/group) of recordings for each arrangement, within the country of interest.  The term "arrangement" is used, because there might be multiple arrangements of the same song.

The most popular performances and singers of those arrangements were determined by counting Listens (and/or Loves, if no complete Listens) for all performances of each arrangement.

Users of this dataset must read and accept Smule's Research Data License Agreement (LICENSE.txt).

Restricted Access

You may request access to the files in this upload, provided that you fulfil the conditions below. The decision whether to grant/deny access is solely under the responsibility of the record owner.


DAMP (DIGITAL ARCHIVE OF MOBILE PERFORMANCES) DATASET PROJECT

Datasets extracted from the activities of Smule Users

Please read the RESEARCH DATA LICENSE AGREEMENT below.

Short Summary: By downloading and using data from the DAMP dataset archives, you agree that
(1) you will not redistribute the data, password(s), or any other information from the datasets, or
(2) use the datasets for any commercial purpose (i.e., no selling the data or using it in any product or company).

***************************************************************************************

This RESEARCH DATA LICENSE AGREEMENT (the "Agreement") is made and entered into by
and between:

(1) Smule, Inc., a company constituted under the laws of the State of Delaware, with an address at 139 Townsend Street, Suite 300, San Francisco, CA 94107, United States ("Smule"); and

(2) the researcher who wishes to access the DAMP dataset archives and agrees to its terms (the "Researcher") (together the "Parties" and the "Party" shall be construed accordingly).

The Parties AGREE as follows:

1 DEFINITIONS

The following definitions apply herein:

"Applicable Data Protection Law" means all applicable foreign and domestic laws, orders and regulations relating to privacy and data protection, including the General Data Protection Regulation (2016/679) ("GDPR"), along with any national transposing measures, secondary legislation (including European Commission decisions) adopted under, and any case law interpreting the foregoing.

"Platform" means archives of Smule Data hosted by Smule, or in other locations such as the Digital Archive of Mobile Performances (DAMP) portal hosted by the Stanford Center for Computer Research in Music and Acoustics (CCRMA) (https://ccrma.stanford.edu/damp/) and Smule data deposits hosted by Zenodo (https://zenodo.org/).
 

"Smule Data" means personal data of Smule users, user content, songs, lyrics or composition data uploaded, created or stored on the Platform, applications or website to be provided by Smule to Researcher or otherwise accessed by Researcher through the Platform, applications or website.

"Use" means downloading, copying, or examining all or any portion of the Smule Data.

2 SCOPE AND ROLES

2.1 This Agreement explains the framework for the sharing of Smule Data in the context of the Digital Archive of Mobile Performances (DAMP) dataset archives. In consideration of making DAMP available, Smule Data may be used for research and education purposes in accordance with this Agreement (the "Purpose").

2.2 Each party acts as a "controller" (as defined in the GDPR) with respect to the Smule
Data which it processes for the Purpose.

2.3 For the avoidance of doubt the Parties confirm, with respect to the Smule Data, that (i)
they not joint controllers within the meaning of Article 26 of the GDPR; and (ii) each Party is independently responsible for their compliance with Applicable Data Protection Law.

3 SMULE LICENSE GRANT AND USE RESTRICTIONS

3.1 Subject to the terms, conditions, and limitations herein, Smule grants to Researcher a limited, revocable, nonexclusive, non-transferable, non-sublicensable, royalty-free license to use the Smule Data solely for the Purpose and in accordance with the terms and conditions of this Agreement.

3.2 The license granted by Smule under this Agreement does not include the right to, and
Researcher agrees it will not:
   (A) use or further process the Smule Data to identify or re-identify, directly or indirectly, an individual;
   (B) use the Smule Data for any commercial purpose, or distribute the Smule data or incorporate it into any product or application;
   (C) report publicly or share with any third party any Smule Data or resulting financial information;
   (D) engage in or permit any infringing or unlawful activities involving the Smule Data; or
   (E) engage with any third party, directly or indirectly, seeking to explore the Smule Data in an adversarial manner or threaten such exploration.

3.3 The parties acknowledge that Smule can assess Researcher's compliance with its obligations under this Agreement. Upon Smule's request, Researcher shall make available to Smule (or Smule's independent, third-party auditor) information regarding the Researcher's compliance with the Agreement and Applicable Data Protection Law. Before the commencement of any such audit, the Parties shall mutually agree upon the scope, timing, and duration of the audit. Smule shall promptly notify Researcher with information regarding any non-compliance discovered during the course of an audit, and Researcher shall use commercially reasonable efforts to address any confirmed non-compliance.

3.4 The Parties agree that Smule owns all rights, including patent, copyright, trade secret,
trademark, and other proprietary rights, in and to the Smule Data or any other information provided to Researcher, including any corrections, enhancements, derivatives, or modifications to such data, whether made by Smule, Researcher, or any third party.

3.5 The Parties agree that only Smule shall have the right to alter or otherwise modify the
Smule Data, or create derivatives of the Smule Data.

3.6 Except as authorized by this Agreement, Researcher shall not sell, license, sublicense,
publish, display, distribute, disclose, or otherwise transfer, directly or indirectly, the Smule Data, any copy thereof, or any access thereto, in whole or in part, to any third party without Smule's prior written consent.

3.7 Researcher shall not share or publish Smule Data, including any personal data such as
user IDs and/or passwords, for accessing, viewing, or downloading DAMP.

3.8 Researcher agrees to attribute and acknowledge use of the Smule Data by including
attribution in any publication that results from or relies upon any Smule Data in the following form: Smule, Inc. (Year). Dataset title (Version 1.0.0) [Data set]. Zenodo. http://doi.org/10.5281/zenodo.2747436

4 TECHNICAL SUPPORT
Researcher, at its option, may provide error reports, notes, and recommendations regarding the Smule Data to Smule.  

5 SECURITY
Each Party will implement appropriate technical and organisational measures to protect Smule Data which it processes against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure, access, or processing.

6 PERSONNEL
Each Party will impose appropriate contractual obligations on those of its personnel, agents, or subcontractors who it authorises to access DAMP and Smule Data, including obligations regarding confidentiality, data protection and data security.

7 GENERAL PROVISIONS

7.1 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, excluding conflict of law rules and principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded and shall not apply. This Agreement is prepared, executed and will be interpreted in English only.

7.2 Any dispute arising out of or connected with this Agreement shall be subject to the sole
and exclusive jurisdiction of the California courts. Nothing contained in this section shall  preclude either Party from seeking or obtaining preliminary injunctive relief pending resolution of the dispute in issue.

7.3 This Agreement does not create any agency or partnership relationship. Any failure to
enforce any provision of this Agreement shall not constitute a waiver of any other provision. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Researcher shall not assign or otherwise transfer the Smule Software, the Smule Data, the Smule Confidential Information, or this Agreement to anyone, including any parent, subsidiary, affiliated entity or third party as part of the sale of any portion of its business or pursuant to a change of control, without Smule's prior written consent.

7.4 The provisions of this Agreement shall be binding on, and inure to the benefit of, the
Parties, their successors and permitted assigns. If any provision is held to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof. This Agreement may not be amended, nor any obligation waived, except by a writing signed by the Parties hereto.


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