Legal / Terms & Conditions
INTRODUCTION AND GENERAL INFORMATION
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Welcome to the STEMS+WAVES UK (www.stems+waves.com), property of STEMS+WAVES Ltd (“S+W”), incorporated company registered at 120-124 Curtain Rd Hackney , London, EC2A 3SQ, GB -- or simply, our “website”. The purpose of this website is for the use, download and distribution of the STEMS+WAVES music catalog and third party partner catalogs, with all recordings presented online via STEMS+WAVES, under a licence issued by STEMS+WAVES or an or an appropriated performing rights organisation (“PRO”) such as, but not limited to SACEM, SOCAN, PRS, ASCAP, and BMI. The content of the STEMS+WAVES Music Library, worldwide, is hereby the property of STEMS+WAVES or may be utilised upon authorisation from the STEMS+WAVES team as its agent or sup-publisher.
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The conditions of use for anyone wanting to access our website are outlined here in the Terms & Conditions, Privacy Policy, and Cookie Policy (together as the “Terms of Use”, or “Terms”). Please be prepared to agree to these if you want access as all users’ utilisation of the website is subject to compliance with these Terms of Use. STEMS+WAVES therefore reserves the right to immediately suspend or terminate use of the website should the Terms be breached, and we may disable access accordingly, at our discretion, and without notice.
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GUARANTEE
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The website’s features, offerings, and content are subject to change and evolve as we update them on a continual basis. This includes the catalogs of tracks that are made available for download. We make no guarantee regarding availability of any specific tracks on the website, and have the right to discontinue any individual service or feature at our discretion.
We guarantee neither complete and total accuracy of content, nor that the website features and offerings are comprehensive of all user’s needs, although we try! In addition, the website may contain errors. The STEMS+WAVES team is committed to correcting these errors and inaccuracies wherever they may exist, to build out user content as determined relevant, and to modify the website as needed. We therefore reserve the right to change or update features, offerings and content at any time without prior notice, hopefully but not necessarily without disruption to the website.
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USE OF THE WEBSITE
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By accepting these conditions, the user agrees to adhere to the user conduct outlined by STEMS+WAVES. You represent and warrant that:
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You may be asked to provide certain information to BAM, and our use of this information is governed by the Privacy Policy found within these Terms of Use. You accept responsibility for the accuracy and content of the user information provided.
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While STEMS+WAVES uses safeguards, you acknowledge that no data transmitted over the Internet is guaranteed to be 100% secure. You understand and agree that all information you submit to or post to the website is done so at your own risk.
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You are granted a non-exclusive right to use our website in order to research, review, organise, share, download and license our music with authorisation. Users may not download, distribute, modify, copy, or reuse said content, whether in whole or in part, for commercial purposes, personal gain, or otherwise, without our express authorisation.
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By sending your own third-party content, comments, feedback or other material to STEMS+WAVES, you acknowledge that this information is not deemed confidential or proprietary, and you are also warranting that any content you submit is original, or you have the rights to submit.
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By registering for a user account with STEMS+WAVES, you consent to receive legal and marketing communications from STEMS+WAVES. While you may opt-out of marketing communications, by virtue of your status as a user of our system, you will be required to receive all legal and system update or change notices for the duration of your active user account. We need all users to remain informed about how to interact with and use our website appropriately.
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Your STEMS+WAVES access may be terminated at any time if you engage in any conduct or activities that we believe violate our Terms and Conditions as outlined here.
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PROPRIETARY RIGHTS
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STEMS+WAVES, along with any respective partners, licensors, agents or third parties, is the owner or authorised user of any musical content, visual graphics and images, text, materials, features and services, URL, trademark logos and names, or service mark appearing on the website, and any content or data utilised through the website. STEMS+WAVES is the copyright owner and/or licensee of the materials used both on the website or in association with STEMS+WAVES, in any capacity. Your use of STEMS+WAVES's website does not grant you ownership to any of the aforementioned content or materials accessed by users. Additionally:
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Commercial uses of the site and content or are strictly prohibited, unless authorised by STEMS+WAVES. If we expressly authorise it, you may obtain rights to use certain content on the website, such as music and metadata, but this is limited to the Terms specified, or otherwise authorised. As stated in Use of Website, you are granted a non-exclusive right to use our website in order to research, review, organise, share, download and license our music with authorisation. You may not download, distribute, modify, copy, or reuse said content, whether in whole or in part, for commercial purposes, personal gain, or otherwise, without our express authorisation. If done so without authorisation, you may violate copyright and other laws, and acknowledge your liability for any damages incurred.
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You agree and acknowledge that STEMS+WAVES and/or various third parties own the copyright in the tracks included in our catalogs (including the sound recording and the underlying work). Owners of the tracks and any associated artwork or metadata are intended third-party beneficiaries under these Terms.
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‘STEMS+WAVES’ and any ‘STEMS+WAVES’ logos shown on the website are a trademark of STEMS+WAVES, and may not be copied, downloaded, or otherwise exploited.
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LIABILITY
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In no event shall STEMS+WAVES be held responsible for any damages suffered by the user in relation to use of the website. Specifically:
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Nothing in these Terms of Use limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
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To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to your use of the website.
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We are not liable to you for any indirect, incidental, consequential or punitive damages resulting from your use of the STEMS+WAVES website, content, materials, or functions, including but not limited to loss of revenue, anticipated profits, sales or data usage.
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We are not liable to you for any lack of performance, or the unavailability or failure of the website.
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We are not responsible for any loss or damage unforeseeable at the time when you begin using the website.
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We assume no responsibility for the content of websites linked to our website, and these should not be interpreted to be endorsed by BAM.
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Invalidation of any clause within these Terms does not constitute a failure of validity of any of the other clauses included within the Terms.
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Any exception to the terms expressed by STEMS+WAVES does not constitute a waiver regarding any other term, and does not precedent allowing a user to bypass any engagement hereby contained.
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BAM shall remain indemnified against all claims, costs, damages, expenses (including legal fees) incurred by STEMS+WAVES which arise out of a user’s breach of Terms.
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JURISDICTION
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You agree, as a user, that the applicable jurisdiction and laws governing STEMS+WAVES's Terms are those of the United Kingdom. However, please note that your use of the website is subject to international laws, particularly those of the United Kingdom. This agreement is placed under the exclusive authority of the London courts of Justice.
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Your consent applies to the following domains: www.sound+waves.com & www.sound+waves.co.uk. Your use of any of these websites signifies that you agree to our Terms & Conditions. We reserve the right to change or modify portions of our policies at any time, and revisions are effective immediately. The user hereby acknowledges and accepts this when using the website, and should refer back to these Terms frequently if concerned about continued updates.