— Epidemic Sound End-User Rights
Epidemic Sound End-User Rights
The following clauses are provided by Epidemic Sound and set out the terms and conditions which apply to each of the three available licence types. N.b. the Epidemic Sound clauses for their “Starter” licence apply to the “Free” licence in elevate.io, and the Epidemic Sound clauses for their “Creator” licence apply to the “Personal” licence in elevate.io.
Starter Licenses
1
Any use of Epidemic Sound’s music pieces made available in the Application by you as the end-user of the Application (“End-User”) is subject to these End-User License Terms. For the avoidance of doubt, if you have a subscription or otherwise have been granted a license directly from Epidemic Sound, such subscription or license might grant you additional rights, e.g. commercial use rights and the right to monetize on your content.
2
You can only use the Starter License as an individual, and not if you are or represent a business.
3
Subject to the limitations and restrictions set forth below, by acquiring a Starter License to a music piece (each such music piece a “Licensed Work”) you as the End-User are hereby granted a non exclusive, non-transferable, and non-sublicensable license for your own personal use (meaning that you cannot use the Licensed Work in paid media or in any branded or sponsored content):
to make copies (including the synchronization right) of the Licensed Work for the purposes of including it, in whole or part, in one (1) single video production produced by yourself (the “End-User Production”); and
to make the End-User Production created in the Application containing the Licensed Work available worldwide within the Application and on your own social media channels. An End-User Production so made available in compliance with these terms, may remain published perpetually.
4
You may only use the Licensed Work under and subject to the rights and licenses granted under or in accordance with this Agreement, for the purposes of creating End-User Productions. All rights not expressly granted hereunder are reserved. In particular and without limiting the generality of the foregoing, you are not entitled to:
use any Licensed Work in
TV shows,
feature films or documentaries,
radio productions or similar,
vignettes/theme songs,
corporate identification material (meaning sound-logos) or
advertisements/commercials (meaning productions published within paid media space, such as, but not limited to: TV/cinema/radio/podcast commercials, out-of-home displays, and online pre/mid/post-rolls);
use any Licensed Work in connection with any material that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons or that constitutes disinformation; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Licensed Work or that otherwise violates any rights of anyone associated with the Licensed Work and/or any third party. You shall comply with any applicable laws and regulations. Moreover, you may not use the Licensed Work in connection with sensitive subjects. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like;
change or edit the Licensed Work or parts thereof, but you may cut and loop them, as well as fade in and out the Licensed Work, as required for inclusion in your End-User Productions;
make available, or in any other way exploit any Licensed Work:
for the purpose of making the Licensed Work (in whole or in part) available on a stand-alone basis, meaning that the Licensed Work must not comprise the primary value of the End User Production (e.g. a single still image combined with a complete Licensed Work);
in a way that allows third parties to download and/or otherwise access or use the Licensed Work on a stand-alone basis (e.g. in digital templates or other applications enabling end users to synchronize or otherwise combine the Licensed Work with other content) or in any way that enables users to create or order on-demand products (e.g., in electronic greeting cards or ringtones);
in any way that involves
uploading the Licensed Work to any music recognition system;
performing on the Licensed Work any form of text and/or data mining (TDM); or
the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or in connection with any other application of machine learning analysis or similar technologies; or
in any way to
repackage the Licensed Work or upload/use them (in whole or in part) as audio samples, sound libraries, sound effects, or music beds for any purpose; or
distribute or otherwise exploit the Licensed Work as your property.
incorporate the Licensed Work in End-User Productions that are produced for the purpose to be used, licensed, sold or in any other way exploited by any third party; or
incorporate any End-User Production containing the Licensed Work in a software application or video game.
5
All rights and licenses granted hereunder are non-exclusive, non-transferable, non-assignable and non-sublicensable.
5.1
You acknowledge and agree that you may not allow and receive remuneration from the display of advertisements, premium pro-rata revenues or other substantially similar forms of monetization, in connection with making available the End-User Productions on social media or other platforms, such as YouTube, offering such possibility (i.e. monetize). Epidemic Sound, as a third-party beneficiary to this Agreement, has the sole right, during and after the term of this Agreement, to monetize on End User Productions on all channels and platforms. This means that when making your End-User Productions available, you may receive a monetization claim from Epidemic Sound, and you undertake not to dispute such claim. If you wish to be able to monetize your productions, you can find other licenses on the Epidemic Sound website.
6
When making the End-User Production available to the public you must provide credits - in relation to uses where it is standard practice to do so or if credits are provided for other music or content providers - in a form substantially similar in form and substance to the following: "Artist's Name / Title of Music Pieces / courtesy of Epidemic Sound”. The above credit will, if possible, be displayed as a hyperlink to www.epidemicsound.com.
Creator Licenses
1
Any use of Epidemic Sound’s music pieces made available in the Application by you as the end-user of the Application (“End-User”) is subject to these End-User License Terms. For the avoidance of doubt, if you have a subscription or otherwise have been granted a license directly from Epidemic Sound, such subscription or license might grant you additional rights, e.g. commercial use.
2
You can only use the Creator License as an individual, and not if you are or represent a business.
3
Subject to the limitations and restrictions set forth below, by acquiring a Commercial License to a music piece (each such music piece a “Licensed Work”) you as the End-User are hereby granted a non-exclusive, non-transferable, and non-sublicensable license:
to make copies (including the synchronization right) of the Licensed Work for the purposes of including it, in whole or part, in one (1) single video or podcast production produced by yourself (the “End-User Production”); and
to make the End-User Production created in the Application containing the Licensed Work available worldwide within the Application on your own social media channels and websites. An End-User Production so made available in compliance with these terms, may remain published perpetually.
4
You may only use the Licensed Work under and subject to the rights and licenses granted under or in accordance with this Agreement, for the purposes of creating End-User Productions. All rights not expressly granted hereunder are reserved. In particular and without limiting the generality of the foregoing, you are not entitled to:
use any Licensed Work in
TV shows,
feature films or documentaries,
radio productions or similar,
vignettes/theme songs,
corporate identification material (meaning sound-logos);
use any Licensed Work in connection with any material that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons or that constitutes disinformation; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Licensed Work or that otherwise violates any rights of anyone associated with the Licensed Work and/or any third party. You shall comply with any applicable laws and regulations. Moreover, you may not use the Licensed Work in connection with sensitive subjects. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like;
change or edit the Licensed Work or parts thereof, but you may cut and loop them, as well as fade in and out the Licensed Work, as required for inclusion in your End-User Productions;
make available, or in any other way exploit any Licensed Work:
for the purpose of making the Licensed Work (in whole or in part) available on a stand-alone basis, meaning that the Licensed Work must not comprise the primary value of the End User Production (e.g. a single still image combined with a complete Licensed Work);
in a way that allows third parties to download and/or otherwise access or use the Licensed Work on a stand-alone basis (e.g. in digital templates or other applications enabling end users to synchronize or otherwise combine the Licensed Work with other content) or in any way that enables users to create or order on-demand products (e.g., in electronic greeting cards or ringtones);
in any way that involves
uploading the Licensed Work to any music recognition system;
performing on the Licensed Work any form of text and/or data mining (TDM); or
the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or in connection with any other application of machine learning analysis or similar technologies; or
in any way to
repackage the Licensed Work or upload/use them (in whole or in part) as audio samples, sound libraries, sound effects, or music beds for any purpose; or
distribute or otherwise exploit the Licensed Work as your property.
incorporate the Licensed Work in End-User Productions that are produced for the purpose to be used, licensed, sold or in any other way exploited by any third party; or
incorporate any End-User Production containing the Licensed Work in a software application or video game.
5
All rights and licenses granted hereunder are non-exclusive, non-transferable, non-assignable and non-sublicensable.
6
You may be able to clear your End-User Production in accordance with the instructions provided from time to time, ensuring that you are able to monetize the End-User Production on platforms allowing this. Epidemic Sound reserves the right to fully monetize unlicensed use of the Licensed Work on YouTube and/or other platforms. Epidemic Sound further reserves the right to demonetize any End-Production containing Licensed Work that are not correctly cleared. Epidemic Sound will have no responsibility, and will not reimburse you, for any demonetization of the End-User Production by Epidemic Sound for any period prior to such End-User Production having been correctly cleared for monetization. Please note that in relation to certain platforms, Epidemic Sound may use systems to correctly identify use of, or claim ownership of, the Licensed Work in content, including your End-User Production, uploaded to such platforms, e.g. to ensure correct attribution, but such identification does not affect your right to monetize your End-User Production on such platforms.
7
When making the End-User Production available to the public you must provide credits - in relation to uses where it is standard practice to do so or if credits are provided for other music or content providers - in a form substantially similar in form and substance to the following: "Artist's Name / Title of Music Pieces / courtesy of Epidemic Sound”. The above credit will, if possible, be displayed as a hyperlink to www.epidemicsound.com.
Commercial Licenses
1
Any use of Epidemic Sound’s music pieces made available in the Application by you as the end-user of the Application (“End-User”) is subject to these End-User License Terms. For the avoidance of doubt, if you have a subscription or otherwise have been granted a license directly from Epidemic Sound, such subscription or license might grant you additional rights.
2
You cannot use the Commercial License:
if you are a company that has, or that forms part of a group of companies that collectively has, an annual turnover of more than USD ten (10) million;
if you are a governmental or intergovernmental organization or public institution,
or if you are a freelancer, agency, production company or publisher, that has, or that forms part of a group of companies that collectively has, an annual turnover of more than USD five (5) million, and you cannot create End-User Productions on behalf of any company that has, or that forms part of a group of companies that collectively has, an annual turnover of more than USD fifty (50) million.
Publishers include, without limitation, digital publishers, video game publishers, podcast publishers, broadcasters, and similar media companies.
3
Subject to the limitations and restrictions set forth below, by acquiring a Commercial License to a music piece (each such music piece a “Licensed Work”) you as the End-User are hereby granted a non-exclusive, non-transferable, and non-sublicensable license:
to make copies (including the synchronization right) of the Licensed Work for the purposes of including it, in whole or part, in one (1) single video or podcast production produced by yourself (the “End-User Production”); and
to make the End-User Production created in the Application containing the Licensed Work available worldwide within the Application and on your own social media channels. An End-User Production so made available in compliance with these terms, may remain published perpetually.
4
You may only use the Licensed Work under and subject to the rights and licenses granted under or in accordance with this Agreement, for the purposes of creating End-User Productions. All rights not expressly granted hereunder are reserved. In particular and without limiting the generality of the foregoing, you are not entitled to:
use any Licensed Work in
TV shows,
feature films or documentaries,
radio productions or similar,
vignettes/theme songs,
corporate identification material (meaning sound-logos) or
advertisements/commercials (meaning productions published within paid media space, such as, but not limited to: TV/cinema/radio/podcast commercials, out-of-home displays, and online pre/mid/post-rolls);
use any Licensed Work in connection with any material that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons or that constitutes disinformation; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Licensed Work or that otherwise violates any rights of anyone associated with the Licensed Work and/or any third party. You shall comply with any applicable laws and regulations. Moreover, you may not use the Licensed Work in connection with sensitive subjects. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like;
change or edit the Licensed Work or parts thereof, but you may cut and loop them, as well as fade in and out the Licensed Work, as required for inclusion in your End-User Productions;
make available, or in any other way exploit any Licensed Work:
for the purpose of making the Licensed Work (in whole or in part) available on a stand-alone basis, meaning that the Licensed Work must not comprise the primary value of the End User Production (e.g. a single still image combined with a complete Licensed Work);
in a way that allows third parties to download and/or otherwise access or use the Licensed Work on a stand-alone basis (e.g. in digital templates or other applications enabling end users to synchronize or otherwise combine the Licensed Work with other content) or in any way that enables users to create or order on-demand products (e.g., in electronic greeting cards or ringtones);
in any way that involves
uploading the Licensed Work to any music recognition system;
performing on the Licensed Work any form of text and/or data mining (TDM); or
the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or in connection with any other application of machine learning analysis or similar technologies; or
in any way to
repackage the Licensed Work or upload/use them (in whole or in part) as audio samples, sound libraries, sound effects, or music beds for any purpose; or
distribute or otherwise exploit the Licensed Work as your property.
incorporate the Licensed Work in End-User Productions that are produced for the purpose to be used, licensed, sold or in any other way exploited by any third party; or
incorporate any End-User Production containing the Licensed Work in a software application or video game.
5
All rights and licenses granted hereunder are non-exclusive, non-transferable, non-assignable and non-sublicensable.
6
You may be able to clear your End-User Production in accordance with the instructions provided from time to time, ensuring that you are able to monetize the End-User Production on platforms allowing this. Epidemic Sound reserves the right to fully monetize unlicensed use of the Licensed Work on YouTube and/or other platforms. Epidemic Sound further reserves the right to demonetize any End-Production containing Licensed Work that are not correctly cleared. Epidemic Sound will have no responsibility, and will not reimburse you, for any demonetization of the End-User Production by Epidemic Sound for any period prior to such End-User Production having been correctly cleared for monetization. Please note that in relation to certain platforms, Epidemic Sound may use systems to correctly identify use of, or claim ownership of, the Licensed Work in content, including your End-User Production, uploaded to such platforms, e.g. to ensure correct attribution, but such identification does not affect your right to monetize your End-User Production on such platforms.
7
When making the End-User Production available to the public you must provide credits - in relation to uses where it is standard practice to do so or if credits are provided for other music or content providers - in a form substantially similar in form and substance to the following: "Artist's Name / Title of Music Pieces / courtesy of Epidemic Sound”. The above credit will, if possible, be displayed as a hyperlink to www.epidemicsound.com.