8Stem Terms of Use Agreement

Last Modified: October 24, 2016

Welcome to 8Stem (TM) – an audio format, website, web and mobile application, and service (collectively the "Platform") provided by 8Stem, Inc. ("8Stem").

Before you can download master recording(s) and/or composition(s) made available on the 8Stem Platform ("Original Songs") you must agree to our terms of use:

Once you have agreed to our terms of use, you will be able to:

Restrictions

You may not make any use of any Original Song or any Remix outside of the Platform, including without limitation, you may not do any of the following:

Important

THIS 8STEM END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND 8STEM. READ IT CAREFULLY BEFORE DOWNLOADING ORIGINAL SONGS. THIS AGREEMENT GRANTS YOU A LICENSE TO USE ORIGINAL SONGS AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING ORIGINAL SONGS, YOU ARE CONFIRMING YOUR ACCEPTANCE THE TERMS OF THIS AGREEMENT.

Effective date: As of the date you create a user profile.

The Original Songs shall remain at all times the property and copyright of the original recording artist(s) and content owner(s) ("Original Artist") and 8Stem, their Licensors and/or the relevant music publishers.

The Original Songs are made available to you for personal use only and only within the Platform and subject to these terms of use.

You may download Original Songs and use them solely for personal entertainment and enjoyment. One hundred percent of the copyright in any and all Remixes shall remain the copyright of the Original Artist and 8Stem.

  1. No rights are granted to make the Original Songs or the Remixes available to the general public either for general use or for commercial purposes.
  2. You hereby warrant that you will not make the Remixes available to the public outside the 8Stem Platform.
  3. You acknowledge that 8Stem shall not be obligated to grant you permission or a license, if you apply to us for a licence to release any Remix.
  4. You hereby agree to accept the decisions of 8Stem and in the event that an agreement cannot be reached or permission is denied you expressly agree that you will not make the work available to the public.
  5. You agree to indemnify 8Stem against any third party costs paid by 8Stem pursuant to a third party claim which arises as a direct result of a breach by you of the foregoing warranties or representations.
  6. Subject only to rights herein above granted to you, all rights of every kind and nature in Original Songs and Remixes are reserved to the Original Artist and 8Stem together with all rights of use thereof.
  7. You warrant that you will not make any defamatory use of the Original Songs or include defamatory or derogatory elements in any Remix.
  8. You warrant that you will not infringe anyone's Intellectual Property Rights in creating any Remix.
  9. You warrant that you have contractual capacity and are not precluded from entering into this agreement.
  10. 8Stem and/or its affiliates, agents or Licensees shall be entitled to distribute the Remixes for commercial and non-commercial purposes in any format whether now known or hereafter invented throughout the world in perpetuity, and you hereby grant 8Stem a perpetual, worldwide, royalty-free license for such uses.
  11. Nothing herein shall constitute or be deemed to constitute a partnership or co-authorship or co-ownership between you and any of the copyright holders either in and/or to the master rights or the publishers/composers rights.
  12. We may from time to time vary any of these Terms and Conditions for any valid reason. We will notify members of any variation in writing by placing a notice on the website 7 days prior to the variation being effective.
  13. By downloading and using the Original Songs, you hereby accept the terms of this agreement.
  14. This agreement shall be governed by and interpreted in accordance with the laws of the State of Washington, the courts of which shall be courts of competent jurisdiction.
  15. We reserve the right to refuse or remove Remixes, files, comments, and/or content of any kind at any time in our sole discretion.

Copyright methods and notifications

We care about ensuring that artists and copyright owners have the tools they need to control how their work appears on 8Stem. Reading further you will understand more about the tools we have in place today — both automated and manual — and how we are using these to look out for the rights of creators.

Manual takedowns on 8Stem

Manual takedowns happen when people submit a report directly via email. Anyone can report a copyright infringement if they are the relevant copyright owner or their authorized representative, and every report has the same result: the reported content is taken down from 8Stem while the dispute is resolved. Please send takedown notifications to info@8Stem.com or via mail to 911 E Pike St, Seattle Wa 98122.

Copyright warnings and terminations

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of your content infringes the copyright, we will take the respective content down and send you a written notification to your registered email address asking you to clarify your rights by filing a dispute. If you do not successfully dispute the takedown - that is if you did not dispute the takedown after 7 days or if your dispute has been rejected -, we will send you a copyright warning to this effect via email and you will collect a strike to your account. Any user that receives more than two of these warnings is liable to have their access to the platform terminated forthwith.

Copyright owners are not able to terminate anyone’s account — only 8Stem can do this, and we will do it if we receive repeated reports of infringement. Whether a copyright owner takes down content directly, or reports it to us for takedown, the result is the same: the content is taken down until the issue can be resolved.

Important: 8Stem has a zero tolerance policy when it comes to the unauthorized publication of unreleased music. We will also suspend or terminate any account found liable of sharing unreleased copyright protected material.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by 8Stem at its discretion.

Play 35e96328a0c212073f0eb2ea81d3b54ff902d55d33c43b9f93b65581e341372b
Play 35e96328a0c212073f0eb2ea81d3b54ff902d55d33c43b9f93b65581e341372b
Play 35e96328a0c212073f0eb2ea81d3b54ff902d55d33c43b9f93b65581e341372b