Last updated on 16/02/24.
Thank you for using Universal Music for Creators. Please read the following terms and conditions (the “Terms and Conditions”) carefully before using this service. We recommend that you print a copy of these Terms and Conditions for future reference. IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE PER THE TERMS BELOW, IF THE NATURE OF YOUR USE OF THE SERVICE REQUIRES YOU TO HAVE A CREATOR PRO ACCOUNT, OR YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE AND YOU MAY NOT ACCESS OR USE THE SERVICE.
UNIVERSAL MUSIC FOR CREATORS TERMS AND CONDITIONS
YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTION 12 (DISCLAIMER).
For information on our use of your personal data please see our Privacy Policy.
Introduction
These Terms and Conditions together govern the relationship between Universal Music UMC, LLC whose registered address is at 2105 Colorado Ave. Santa Monica, CA 90404 (“Universal Music for Creators”, “UMC”, “us”, “we” and “our”) and you (“you”, “your”) in respect of your general use of the Universal Music for Creators website, www.ucm.umusic.com (the “UMC Website”) and the UMC SFX Client Portal, ucm.sounddogs.com (the “SFX Portal") and your use of any content and/or services featured on both (the “Service”). These Terms and Conditions, and Privacy Policy and the agreements in each of those documents between you and us shall be collectively referred to as the “Contract” and you agree to be bound by the terms of that Contract whenever you use the Service. If you do not agree with the terms of the Contract, please do not use the Service.
Your use of the Service is permitted on the basis that: (i) you are not under the age of 16; (ii) you are an individual user and not using the Service on behalf of a company or other corporate entity; (iii) you have full legal ability and authority to enter into this Contract with us; and (iv) you have not previously had a Universal Music for Creators Account suspended or terminated (whether under your current email address or a previous one).
1. Definitions
In this Contract the following words and expressions shall have the following meanings:
a. “Account” shall mean the Universal Music for Creators account you create.
b. “Advertisement” shall mean a production published within paid media space (such as pre/mid/post-rolls).
c. “UMC Content” shall individually and collectively mean UMC compositions, UMC recordings, and Sound Effects updated from time to time on the UMC Website and SFX Portal.
d. “Sound Effects” shall mean sound effect products available from time to time via the SFX Portal.
e. “Materials” shall mean the materials embodied in Your Productions (other than UMC Content) including, but not limited to, text, files, images, metadata photos, video, sounds and musical or literary works.
f. “Music Content Videos” shall mean videos containing at least 90% of the recording of the UMC Content, where such UMC recordings constitutes at least 90% of the total duration of the video.
g. “Qualifying Productions” shall mean productions which are not Music Content Videos. We reserve the right to make changes to the definition of Qualifying Productions, We will notify you in accordance with Section 3(a) of any material changes thereto.
h. “Qualifying UGC Platforms” any platform except for those that have not secured requisite performance and other licenses, or those platforms with whom UMC or its affiliates have legal disputes. UMC will update you from time to time as to the identity of those problematic platforms.
i. “Qualifying UGC Platform Service” shall mean a Qualifying UGC Platform’s website or products, software, data feeds and services offered on, from or through the website of such Qualifying UGC Platform.
j. “Your Productions” shall mean your personal, non-professional audio visual and podcast productions. For the avoidance of doubt, the following are excluded from the definition of Your Productions: content created for a corporate channel (meaning a channel owned and/or operated by a business, including without limitation your personal business, your activity as an internet “influencer”, content created on behalf of a third party, including without limitation, sponsored posts, and/or content including product placements and or reviews of products gifted to you for the purpose of reviewing for your subscribers.
2. How the Contract for the Service is formed between you and us
a. In order to register for an account and use the Service, you will need to create a personal account and register as a user by submitting the information requested and following the instructions that are specified in the account sign-up page. The Contract between you and us is formed when you create an account with us on the sign-up page. When you use or access the Service, you agree to be bound by the terms of the Contract and all applicable laws, rules, and regulations. You may also be asked to click “I accept” at the appropriate place prior to being granted access to the Service. At such time, if you do not click “I accept”, you shall not be able to use the Service. Creating an account is free of charge. Please note that only one account may be affiliated with a particular email address. Multiple user accounts are not permitted.
b. Once you have registered for an Account and provided all the required information to us, you will have full access to the Service as a paying subscriber on one of the available subscription tiers.
3. Our right to vary the Contract
a. If we have to make a material change to the terms of the Contract that affects your use of the Service, we will provide you with reasonable advance notice of any such changes (e.g., by displaying a notice on the UMC Website or by sending you an email).
b. All such amended terms of the Contract will be effective from the date on which is identified in the notice (except where local applicable law requires a longer notice period or other requirements for the amendment to be effective) and your use of the Service will be governed by the terms of the Contract as it is in force at the time of such use. Consequently, please check these Terms and Conditions and Privacy Policy regularly to ensure you understand the terms that apply to the Service at any given time.
c. By continuing to use or access the Service after we make amendments to the Contract, you agree to be bound by those amended terms. Despite this, no revisions to the Contract will apply to any dispute between you and us that arose prior to the date of such changes.
4. We may amend, discontinue, or terminate the Service
a. We reserve the right to amend or suspend the Service to implement changes to the Service and/or for other business or operational reasons or as needed to comply with applicable laws. In addition, your access to the Service may occasionally be restricted to allow for repairs, maintenance, or the introduction of new facilities, services, or content. We will attempt to limit the frequency and duration of any such restriction. We will also try to give you reasonable notice of any restriction or withdrawal, especially if for a significant period of time. We may tell you about this by displaying a banner in your Account, by sending you an email, or other method as appropriate. However, there may be times when we need to restrict the Service urgently without notice (for example, to address security). We shall not be liable to you if the Service is unavailable for a reasonable period of time due to suspensions or amendments made in accordance with this Section 4(a).
b. We reserve the right to discontinue or terminate the Service at any time and shall use reasonable endeavors to notify you promptly in the event that we do so. If we permanently discontinue or terminate the Service and you have paid fees that extend beyond the date on which we discontinue or terminate the Service, we shall refund to you that amount of fees which you have paid to us less an amount of such fees that is in proportion to the Service that has been performed up until the date of termination of the Service.
5. Your Account
a. Once you register an Account with us and have provided any other information (including payment details) required by us, you must select one of the two subscription tiers for the Service (as more particularly set out in Section 6). This selection will determine your payment plan.
b. By having an active Account with us,you shall be granted a gratis license to access the UMC Content by streaming or download solely for the purpose of previewing or auditioning the UMC Content for use in your Qualifying Productions. Payment of the subscription fee shall include any recording and composition synchronizing license fee otherwise applicable for the use of UMC Content in your Qualifying Production.
c. By having an Account with us, you may receive occasional special offers, marketing, and survey communication emails with respect to the Service. You can unsubscribe from these communications by following the opt-out instruction in these emails.
d. Once you have created an Account, your Account will remain active whether you have a live subscription or not, until you notify us of your decision to close it in accordance with Section 13(c), subject to any earlier termination by us in accordance with Section 14.
e. You must ensure that your personal details associated with your Account are accurate and up to date. In the event that any of your personal details change, please update your Account as soon as possible. Please note that if your supplied payment details are inaccurate or at any time become rejected by your payment provider, your subscription or Account may be suspended. Where any such suspension of your subscription or Account occurs due to payment failure, we shall endeavor to promptly notify you by email.
f. If you are provided with a user identification code or password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone has your user identification code or password, you must promptly notify us by contacting us at support@umusicforcreators.com.
g. Accounts and subscriptions are not transferable, and you agree to not sell, transfer, or exchange Accounts or subscriptions in any way or under any circumstance.
6. Charges
a. There are two subscription tiers for use of the Service: (i) a monthly subscription where you will be billed subscription fees [on the same day of each month from the first date that you took out the subscription (e.g., a subscription starting on January 1st will be recharged monthly on the first day of each month)]; or (ii) an annual subscription where you will be billed subscription fees annually [on the anniversary of the first date that you took out the subscription]. Notwithstanding the foregoing, any leap year impact will push reoccurring charges to the following day.
b. Our monthly subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that your payment method will be charged in accordance with our advertised rates as applicable at the time of billing. The monthly subscription fees will continue to be billed to your payment method until you cancel your subscription in accordance with Section 13. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee. Refunds cannot be claimed for any partial-month subscription period.
c. Our yearly subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that your payment method will be charged on the start date of your subscription and annually thereafter in accordance with our advertised rates as applicable at the time of billing. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee. Refunds cannot be claimed for any partial subscription period.
d. Please note that if you purchase a subscription the sale is final, and we will not provide a refund. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
e. We reserve the right to change the fees for any of the subscription tiers during your use of the Service. If we do so, we will give you at least 60 days’ prior written notice (the “Fee Change Notice”) before the change comes into effect.
i. If you are on the monthly subscription tier, your Service fees will automatically increase on your next billing date that falls 60 clear days from the date of the Fee Change Notice. If you do not wish to continue using the Service after the change in fees, you may give notice to terminate your subscription following the procedure in Section 13(b).
ii. If you are on the annual subscription tier, and your annual renewal date is less than 60 days from the Fee Change Notice, your Service fees will not increase and your subscription will automatically renew at the rate that was in place before the fee change, unless you terminate your subscription in accordance with Section 13(b). If your annual renewal date is more than 60 clear days after the date of the Fee Change Notice, you will be liable to pay the new rate on the date of your subscription renewal, unless you terminate your subscription in accordance with Section 13(b). Where you do decide to cancel your subscription, you will continue to have full use of the Service until your subscription expiry date.
iii. Your Service fees may automatically increase or decrease, without a Fee Change Notice, if your address is updated to a new country, for which applicable taxes would be adjusted in accordance with local tax requirements.
f. If your payment details change while you have a live subscription with us, you agree to promptly update the payment method registered with us accordingly. Your access to the services shall be terminated if you fail to promptly update your payment method registered with us such that we are unable to applicable subscription renewal date.
g. The Service may be sold as part of a bundle offered by a third-party product or service which includes a promo code, coupon code or other discount to sign up for a subscription. If you used such a code or other discount to sign up for a subscription, your subscription will automatically renew at the then current price at the end of the discounted-price period, except where another promotional offer applies to you.
7. Grant of Rights
a. We grant to you a non-exclusive, non-transferable, worldwide license to incorporate UMC Content in Your Productions in order to create Qualifying Productions for the sole purpose of uploading-to/embedding-in and transmitting such Qualifying Productions on each of the Qualifying UGC Platforms via a single channel only per Qualifying UGC Platform for non-commercial use only. For the avoidance of doubt, the license granted to you in this Section 7(a) does not cover any commercial uses of the UMC Content, including, without limitation, usage of UMC Content in Qualifying Productions constituting Advertisements or use of UMC Content in any production that is produced for the purpose of being used, licensed, sold or in any other way exploited by any third party, including the synchronization of UMC Content with any production that promotes and/or integrates products and/or services of a corporate brand/entity.
b. All intellectual property rights in the UMC Content, the UMC Website or any UMC Website page, or as may otherwise subsist in the Service or any part thereof (including all content hosted on or made available through the Service) (“Universal Music for Creators IP”) throughout the world belong to UMC (or our licensors) and the rights in the Universal Music for Creators IP are licensed (not sold) to you.
c. You agree and acknowledge that the Universal Music for Creators IP is valuable property and that, aside from the limited license for use granted hereunder, you shall not acquire any ownership or other rights in, or to, any of the Universal Music for Creators IP.
d. All Universal Music for Creators trademarks (including “Universal Music for Creators” and the Universal Music for Creators logo, service marks, trade names, logos and domain names (the “Universal Music for Creators Branding”) used on the UMC Website, or any other part of the Service are our sole property (or that of our licensors), and you are not permitted to use any Universal Music for Creators Branding.
8. License restrictions
You agree that you will:
a. not rent, lease, sub-license, loan, provide, or otherwise make available, the UMC Website, or the Service in any form, in whole or in part to any person without prior written consent from us;
b. not copy the UMC Website or any part of the Service, except as part of the normal use of the UMC Website or where it is necessary for the purpose of back-up or operational security;
c. not translate, merge, adapt, vary, alter, or modify, the whole or any part of the UMC Website or the Service nor permit the UMC Website, the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Service.
d. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the UMC Website or any other part of the Service, nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the UMC Website to obtain the information necessary to create an independent program that can be operated with the UMC Website or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
i. is not disclosed or communicated without our prior written consent from us to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
ii. is not used to create any software that is substantially similar in its expression to the UMC Website;
iii. is kept secure; and
iv. is used only for the Permitted Objective
e. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the UMC Website or the Service; and
f. not infringe the intellectual property rights subsisting in any of the content of the UMC Website or the SFX Portal (including, without limitation, the UMC Content) including but not limited to any unauthorized copying, recording, downloading, reproduction, distribution, modification, performance, or creation of derivative works of any content (including without limitation, the UMC Content) from the Service.
9. Monetization
Subject to Section 12 and your compliance with these Terms and Conditions (including the restrictions in Section 7(a), you may allow, and receive payment from the display of third-party advertisements (e.g., pre-roll ads, mid-roll ads, bumper ads) in connection with making available Qualifying Productions on Qualifying UGC Platforms that provide monetization capabilities via a single channel only per Qualifying UGC Platform.
10. Your obligations to us and acceptable use restrictions
a. You confirm and agree on an ongoing basis that:
i. You may not make available or otherwise exploit UMC Content on a standalone basis, as determined by us in our sole discretion, including without limitation the repackaging of the UMC Content (in whole or in part) as for example audio samples, sound libraries, sound effects, or music beds, or combined with a single still image or limited animation where essentially the production constitutes use of UMC Content on a standalone basis where the visual images accompanying UMC Content or extracts of UMC Content are of secondary importance;
ii. The use of Your Productions and the Materials as contemplated under this Contract do not and will not infringe any copyright, trademark, design, database, publicity or other proprietary or intellectual property rights of any third party;
iii. Your Productions and Materials do not include any material which is unlawful, harmful, threatening, defamatory, obscene, homophobic, abusive, facilitates or promotes illegal activity, harassing, racially offensive or ethnically offensive.
iv. Your Productions and Materials do not contain any viruses or other programming routines that would detrimentally interfere with computer systems or data;
v. You are using, or wish to use, the Service solely for your own purposes, and not for or on behalf of anyone else;
vi. You will only register one Account and will not register multiple Accounts using different email addresses;
vii. For such Account so registered, you will not access and use more than 50 tracks which comprise of UMC Content per day; and
viii. You are not under the age of 16and you are not under any disability, restriction, or prohibition, whether contractual or otherwise with respect to your right, power, and authority to enter into and perform this legally binding Contract.
b. We are not able to guarantee that the Service will be secure or free from bugs or viruses.
c. You must not:
i. attempt to gain unauthorized access to the UMC Website or Service, the server on which the UMC Website and Service are stored, or any server, computer or database connected to the UMC Website or Service;
ii. use the UMC Website or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions.
iii. infringe the Universal Music for Creators IP or the intellectual property rights of any third party in relation to your use of the Service (to the extent that such use is not licensed by these terms);
iv. use the UMC Content and/or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
v. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
vi. not use the Service for any commercial use or for any purposes related to scientific research, analysis, or evaluation of the Service without our express written consent.
11. Our Liability to you
a. To the fullest extent permitted by law, in no event will we, our affiliates, officers, employees, agents, service providers, partners, and licensors be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or your use of the UMC Website or the Service in a way that breaches these Terms and Conditions.
To the fullest extent permitted by law, our aggregate liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of $100 and the amounts you have paid to us, if any, during the six-month period prior to the date of your claim against us.
b. We are not responsible for events outside our control. If our provision of the Service or support for the UMC Website or the Service is not possible or delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the non-performance or delay. Provided we do this, we will not be liable for any non-performance or delays caused. You may cancel your subscription free of charge if an event outside our controls continues for more than 30 days. To cancel, please contact us at support@umusicforcreators.com.
c. If you use the UMC Content, UMC Website or Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill, or reputation.
12. Disclaimer
We shall not be liable or assume any responsibility for the outcome of any claims against Your Productions and/or assets of UMC Content embodied in Your Productions uploaded to or embedded in a Qualifying UGC Platform Service (such as the inability to monetize Your Productions or the blocking of access to Your Productions from such Qualifying UGC Platform Service).
13. How you can cancel your subscription or close your Account
a. If you decide that you no longer wish to use the Service, you can cancel it at any time. When that cancellation takes effect will depend on the subscription tier you have opted to use.
i. Where you cancel the monthly subscription, this will take effect at the end of the applicable monthly period.
ii. Where you cancel the yearly subscription, this will take effect at the end of the applicable annual period.
As set out above in Section 5(c) we cannot offer refunds where you opt to cancel your subscription before that subscription period has come to an end.
b. In order to cancel your subscription in accordance with Section 13(a) above, you must do so by cancelling the automatic renewal in the subscriptions section of your Account.
c. Where you cancel your subscription under Section 13(b) above, your Account shall remain active. If you wish to start a new subscription using your Account, you may do so at any time. If you wish to permanently close your Account, you may instruct us to do so by providing written notice by email to support@umusicforcreators.com. Where we receive a request to close an account, we shall endeavor to do so within 30 days from the receipt of the notice. We shall delete all personal information associated with your account, subject to any obligation we have to store any copies of your personal information in accordance with applicable laws.
14. Termination
a. This Contract may be terminated, and your Account closed by us in our sole discretion upon 7 days written notification (including notification by email). If you have paid fees (if applicable) for any Services for a period that extends beyond the date on which we communicate to you our termination of the Contract, we shall refund to you that which you have paid to us less an amount which is in proportion to what has been performed until we have communicated to you our termination of the Contract.
b. We may at any time and in our sole discretion, terminate this Contract and close your Account, immediately on notice, and/or suspend your access to the Service immediately without prior notice, as may be required to ensure compliance with applicable laws or if we reasonably believe that you are in serious contravention or material breach of the Contract. This expressly includes:
i. if we have reasonable grounds to suspect that you are using your Account to facilitate Artificial Activity whether directly or indirectly, or by someone else that you have authorized or encouraged to do so on your behalf; and/or
ii. if we receive a claim from a third party that, if true, would constitute a violation of your obligations hereunder; and/or
iii. if we have reasonable grounds to suspect that you have bypassed or attempted to bypass the protective technical measures we set up; and/or
iv. if we have reasonable grounds to suspect that you set up, or otherwise operate, multiple Accounts or attempt to do so;
v. if we have reasonable grounds to suspect that you are using the Service, or have used the Service, for the purposes and/or benefit of anyone other than yourself or have attempted to do so;
vi. if we have reasonable grounds to suspect that you have provided false information in your Account; and/or
vii. If we have reasonable grounds to believe that you have otherwise breached your obligations under these Terms and Conditions or any other relevant terms of the Contract.
c. In the circumstances set out in Section 14(b) above, if we terminate the Contract, or suspend your access to the Service we will not refund any amounts that you have already paid (if applicable), to the fullest extent permitted under applicable law.
d. If you believe that your Account has been terminated or suspended due to the circumstances set out in Section 14(b) above in error, you can appeal by contacting support@umusicforcreators.com.
e. If you reside in a country which is part of the European Union (EU), European Economic Area (EEA), or United Kingdom (UK), and have purchased a subscription for the Service, you have the right to terminate this Contract for non-use within fourteen (14) days of subscription purchase (the "Withdrawal Period"), and receive a full refund. You agree to send a written notification (email will suffice) of your intent to terminate the Contract within the Withdrawal Period to support@umusicforcreators.com. Notwithstanding the foregoing, this termination right does not apply if you have downloaded any UMC Content or otherwise used the UMC Content in any manner (meaning that you have begun to utilize the Service). The termination right set forth in this section 14(e) shall expire at the conclusion of the Withdrawal Period.
15. Indemnity
You agree to indemnify us, our affiliates and our and their respective directors, officers, agents, employees, shareholders, partners and independent contractors (collectively, “Indemnified Parties”) on demand against any and all claims, actions, proceedings, liabilities, demands, damages, losses, expenses or costs (including reasonable legal fees and costs) suffered or incurred by Indemnified Parties arising from your misuse of the Service and/or UMC Content in a manner not in strict compliance with these Terms and Conditions.
16. SFX Portal
Once you have an Account and are a subscriber to the Service you will automatically be registered for an account on the SFX Portal and will have access to Sound Effects via the SFX Portal. The SFX Portal may have its own terms and conditions of use, and your use of the SFX Portal may therefore be subject to the applicable terms and conditions for such third-party provider. We shall not be liable for any damage or loss arising or alleged to have arisen in connection with the use of the SFX Portal.
17. Your privacy
We will only use your personal information collected through the UMC Website or Service as set out in our Privacy Policy.
18. Severance
Each of the provisions of these Terms and Conditions operates separately. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.
19. Choice of law and disputes
The Contract, its subject matter, and its formation are governed by and interpreted by and under the laws of the state of California, although nothing in this Contract affects your rights as a consumer to rely on mandatory provisions of the law of the jurisdiction in which you are resident. We prefer to solve your requests directly with you and therefore, unless otherwise agreed by us in writing, we do not participate in alternative consumer dispute resolution proceedings. To the extent permitted by applicable law, we both agree that the courts of the state of California will have exclusive jurisdiction.
20. No rights for third parties
The Contract is between you and us. Except as otherwise expressly set out in the Contract, no other party shall have any rights under this Contract (under the Contracts (Rights of Third Parties) Act 1999.
21. Assignment and transfer
We may assign or transfer our rights and obligations under this Contract to another organisation. We will contact you in writing if we plan to do this and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the assignment you may contact us to cancel your subscription and close your Account as set out in Section 13.
22. Communication and notices
If we have to contact you, we will do so by writing to you at the email address that you have provided to us in your Account.
You can contact us by writing to support@umusicforcreators.com.
If you think the UMC Website or the Service is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@umusicforcreators.com.