These terms of service (“Terms of Service”) constitutes a legal agreement between you and Propellerhead Software AB, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden (“Propellerhead”) and govern your use of the services described under section 1.1. Please read this agreement carefully.
This TOS agreement is only about Propellerhead’s service—that is the stuff on servers on the Internet—and not about our software or apps. If you are only using our software or apps standalone and not sharing through our service or purchasing through our online shop, then these terms don’t apply to your usage.
(Software license terms are found in the software EULA)
1.1 Propellerhead is the provider of a marketplace (the “Marketplace”) that allows you to purchase, download, view or use music hardware and software and ancillary products (collectively the “Products”) for end user use under the terms and conditions set forth in these Terms of Service. Propellerhead's standard end user license agreement applies for Propellerhead software Products. Separate terms and conditions may apply with respect to hardware. Products are provided by Propellerhead, but some Products may be the subject to additional third party terms and conditions in accordance with section 7.
In addition to the Marketplace, Propellerhead is the provider of specific sharing service platforms (the “Sharing Services”) with music creation applications for mobile and desktop use, websites, song sharing pages, song players, sharing tools and APIs, that allows you to create, edit, upload, download, listen to and use music and sounds (collectively the “Content”). These Terms of Service apply to all users of the Sharing Services, including users who are also contributors of Content on the Sharing Services. The Marketplace and Sharing Services are collectively referred to as the “Services”.
1.2 To use the Services you must first agree to these Terms of Service. If you do not accept these terms, you are not entitled to use the Services. You accept the Terms of Service (including any end user licenses and third party licenses referred to in the Terms of Service) by either creating a user account or otherwise clicking to agree or accept where these options are presented. You agree to comply with the Terms of Service and any applicable law, regulations or policies in the relevant jurisdiction.
1.3 Propellerhead may modify these Terms of Service by posting new or additional terms. Such modifications and additional terms will be incorporated into the agreement between you and Propellerhead. If you do not agree to the changes, you must notify Propellerhead and cease your use of the Services and any Product and Content obtained through the Services. Your continued use of the Services is your acceptance of the changed Terms of Service.
1.4 If you are under 18 years of age, you must have your parents or legal guardian’s permission to use the Services.
2. USE OF THE SERVICES
2.1 Products provided through the Services are licensed and not sold to you (save for hardware, accessories etc.). Propellerhead reserves all other rights not expressly granted in the Terms of Service.
2.2 In order to access certain features or services provided through the Services, you may be required to provide information about yourself; such as your name, address and billing details. You agree that any such information you provide to Propellerhead will always be accurate, complete and current at all times. Certain features or services may also require you to open a user account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Propellerhead immediately of any unauthorized use of your account or password.
2.4 You agree that you will not (i) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), (ii) use the Services to transfer or upload Content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property or (iii) use any of the Products or Content provided through the Services in a way that interferes or disrupts any servers, networks, or websites operated by Propellerhead or any third party or (iv) in any other manner misuse the Services or use the Services other than for the intended purpose.
2.5 You are responsible for backing up your own system, including any Products and Content obtained through the Services.
2.6 You agree that Propellerhead and/or third parties own all rights to the Services and the Products available through the Services, including without limitation all applicable intellectual property rights. Intellectual property rights includes, without limitation, copyright, trademark rights, patent rights, design rights, trade secrets, know-how and any and all other proprietary rights worldwide.
2.7 You agree that you will not (i) copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Marketplace or the Products, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Services or the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Propellerhead’s or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Services or the Products.
3. SHARING SERVICES – LICENSE
If you don’t use the sharing service, then you don’t need to read this section as it only applies to its use.
THIS SECTION ONLY APPLIES WHEN USING THE SPECIFIC SHARING SERVICE PLATFORMS PROVIDED BY PROPELLERHEAD. IT WILL ONLY APPLY IN RELATION TO MUSIC AND CONTENT THAT YOU ACTIVELY SHARE THROUGH PROPELLERHEAD’S SERVICES AND DETERMINES WHICH USE OF YOUR MUSIC AND OTHER CONTENT THAT YOU ARE ALLOWING OTHERS. BASICALLY, YOU ARE GIVING AND GETTING AN EXTENSIVE LICENSE FOR USE AND ADAPTION OF MUSIC THAT IS UPLOADED TO THE SHARING SERVICES.
3.1 You retain all of your ownership rights in the Content that you create or upload to the Sharing Services. However, by uploading Content you grant every user and Propellerhead a non-exclusive right to use your music (with the right to sublicense). The license includes a right to copy, reproduce, communicate to the public, distribute, prepare derivative works of, modify and adapt your Content – even for commercial purposes – in any and all media and distribution methods and to the extent permitted by the Terms of Service. The license applies worldwide and is royalty-free and irrevocable.
Because we offer an open music sharing service, we ask for broad rights, so we can publish files on the Internet, and so others can freely use the stuff that is posted. In kind, you’ll to be able to use everything you find on the service.
Know that even though you are granting broad rights to all, you always maintain ownership of your stuff.
We don’t intend to sell your content. Other people on the service might end up doing something successful with content they find and even make money from it (and so could you for that matter).
3.2 You understand that the Content uploaded by you may be used freely by other users, as well as included in the music, songs and Content of other users – even for commercial releases. You also understand that your uploaded music may be modified by other users of the Sharing Services without your prior approval.
3.3 The license to Propellerhead includes a right to use the Content to perform the Sharing Services and in marketing of the Sharing Services or Propellerhead. Propellerhead has the right to assign and sublicense the license.
We want to be able to highlight cool stuff we find.
Note: there’s a way for you to set your content to “unlisted” (in the Music section of your account). Your unlisted content won’t be discoverable by others, and we won’t highlight it. Unlisted files have secret links on the Internet and theoretically could be viewed if someone happens to get the secret URL.
You can always delete files, but know that someone could have already downloaded them before you deleted them.
3.4 You agree to and warrant that the Content is created, owned or duly licensed by you and that Propellerhead does not need the permission or license from any third party to use the described rights. You may not upload Content that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have the permission from the rightful owner of the material.
3.5 By uploading Content you further – to the extent permitted by law – waive any moral rights that may be vested in you as creator.
3.6 Content that you have uploaded may be removed from the Sharing Services on your request. Please note that such removal has no retroactive effect and that your license still applies to use of Content started before such removal.
3.7 As a user of the Sharing Services, you are granted a license in accordance with section 3.1 from each other user who uploads Content. You understand that Propellerhead is thus not the licensor and does not warrant or is liable in connection with your use of the Content. The terms in these Terms of Service limiting Propellerhead’s liability also apply to your use of the Content.
4. RULES OF CONDUCT
Please be nice and thoughtful of others.
We want to keep everything running smoothly and be welcoming for everyone.
4.1 You agree that you will not use the Services to defame, harass, discriminate or threaten another person/company or in any other way violate rights. You may not upload Content or other material which promotes illegal activity, is racially or ethnically offensive, constitutes defamation or is otherwise discriminating or offensive in any other way.
4.2 Propellerhead reserves the right to immediately, without prior notice to you, remove any Content or other material from the Services that Propellerhead, in its sole discretion, deems to be in breach of these Terms of Service or any other terms or conditions posted on the Services or otherwise deems to constitute a misuse or a use of the Services for other than the intended purpose. Propellerhead reserves the right to terminate a user’s account if you take any action that Propellerhead determines is harmful to the Services or the use of the Services by others or is in violation of applicable law or these Terms of Service.
5. COPYRIGHT POLICY
5.1 Propellerhead respect the intellectual property rights of others and expects users of the Services to do the same. Propellerhead will respond to notices of alleged copyright infringement that are properly provided.
5.2 If you believe or suspect that Content on the Services is in breach of the Terms of Service or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
5.3 Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is https://www.propellerheads.se/support/contact/copyright-claim/
6. PROVISION OF THE SERVICES AND PRODUCTS
6.1 Propellerhead reserves the right to modify, suspend or discontinue the Services (or any part of features thereof), at any time without prior notice to you. Propellerhead is not liable to you or any third party should it exercise such rights.
6.2 Propellerhead may make available to you various payment processing methods to facilitate the purchase of Products from the Services. You agree to abide by any relevant terms of service or other legal agreement, whether with Propellerhead or a third party, that governs your use of the given payment processing method. Any billing statement in relation to a purchase through the Services will be provided through your user account or by e-mail.
6.3 All sales are final and nonrefundable unless otherwise provided by law or expressly stated by Propellerhead. Prices for Products offered through the Services may change at any time. Propellerhead do not provide price protection or refunds in the event of a price reduction or a promotional offering.
6.4 You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Services or the purchase of Products through the Services, and that the reporting and payment of any such applicable taxes are your responsibility.
6.5 From time to time, Propellerhead may discover that a Product provided through the Services violates the agreement between Propellerhead and the developer of a Product or other legal agreements, laws or policies. Propellerhead reserves the right to immediately remove that Product from the Services without any prior notice to you.
7. THIRD PARTY TERMS
7.1 Certain Products available through the Services are developed by third parties and contain third party terms and conditions that govern your use of such Products (“Third Party Terms”). For Rack Extension Products such Third Party Terms can be found here. Any dealings between you and such third party are solely between you and the third party. Propellerhead is not responsible or liable for any aspects of such dealings. The terms in these Terms of Service limiting Propellerhead’s liability also apply to your use of the third party Products to the extent that such terms are not covered by the Third Party Terms.
8. AUTOMATIC UPDATES
8.1 Products provide through the Services may communicate with Propellerhead’s servers, or a third party’s server, from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions and new versions. By installing the Products, you agree to such automatically requested and received updates.
9. EXPORT RESTRICTIONS
9.1 Products provided through the Services may be subject to laws or regulations relating to the control of imports and exports of the Products. You agree to comply with all such applicable laws and you shall not export or re-export directly or indirectly any part of the Products to any such country without first obtaining permission from the relevant authority.
10.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Propellerhead, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Services, including your downloading, uploading, installation, or use of any Products or Content, or your violation of these Terms of Service.
11.1 These Terms of Service will continue to apply until terminated by you or Propellerhead. Please note that a license to Content that you have uploaded cannot be terminated with retroactive effect and that your license still applies to use of Content started before such termination.
11.2 If you want to terminate these Terms of Service, you may do so by notifying Propellerhead and ceasing your use of the Services and any Product (other than hardware and tangible items) and Content obtained through the Services.
11.3 Propellerhead may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) if Propellerhead is required to do so by law; or (iii) if Propellerhead decides to no longer provide the Services.
12. DISCLAIMER OF WARRANTIES
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES AS WELL AS THE SERVICES ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICES CANNOT CHANGE.
12.2 YOUR USE OF THE SERVICES AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
13. LIMITATIONS OF LIABILITY
13.1 SUBJECT ALWAYS TO SECTION 13.2, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPELLERHEAD AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICES OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICES, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, PROPELLERHEAD ́S LIABILITY SHALL NEVER EXCEED ONEHUNDRED (100) EUR.
13.2 Nothing in the Terms of Service will affect the statutory rights of any consumer nor exclude the liability of Propellerhead, its subsidiaries or affiliates for: (i) death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited by applicable law.
14.1 Propellerhead may assign, transfer, sell or otherwise dispose its rights and obligations under these Terms of Service, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.
14.2 Propellerhead may notify you with respect to the Services by sending an e-mail message to the e-mail address provided by you or by a posting on the Services. Notices shall become effective immediately.
14.3 These Terms of Service and the use of the Services are governed by Swedish law.
The Services are provided by Propellerhead Software AB (556546-2206), Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden
Telephone: +46 8 556 08 400
Version dated: 2014-12-18