The Unminus User Terms, our Privacy Policy and the Unminus License apply to your use of unminus.com and any other Unminus-branded services owned or operated by Unminus (we, us, our).
We’ll try to keep this short.
1. Introduction
Unminus is a music discovery platform for free to use, high-quality songs. We (Unminus) operate the Unminus website at unminus.com (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of celebrating and enabling contributors and fostering creativity in our community. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Unminus to be bound by the terms and conditions in these Terms of Service.
Please read these terms of service carefully. By registering for or otherwise using the service, you are telling us that you have read, understood, and agree to be bound by these terms of service, including our privacy policy (together, these “terms”).
If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.
2. Eligibility
The Service is designed for use by people who are at least 13 years old. If you are not yet 13, then you can’t use the Service. If you are 13 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.
3. License to Music
One of the best features of the Service permits you to search, listen, and download music that have been uploaded by Unminus users (“Music”). You may download and use Music from the Service in accordance with, and subject to, the Unminus License. We encourage you to familiarize yourself with the Unminus License. To be sure you don’t miss it, here’s the crux of the license:
Unminus grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, perform and use music from Unminus for free, including for commercial purposes, without permission from or attributing the creator or Unminus. This license does not include the right to compile Songs from Unminus to replicate a similar or competing service or make the songs available on other streaming / download platforms.
This means that Music on the Service come with a very, very broad copyright license under the Unminus License. This is why we say that they are “Free to Use.”
Note that even as we always carefully pre-check Music for copyright issues, the Unminus License does not include the right to use any copyright protected elements appearing in the Music like Trademarks, Sound Recordings, Vocals, Compositions, Samples or Lyrics which appear in the Music.
If you download Music with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the Music. If you still aren’t sure, you should probably talk to a lawyer who knows about these things.
4. User Content
You Own All Of Your User Content, Including Any Music That You Upload To The Site.
A. At a High Level. The Service lets you upload and post your Music, as well as written text, web links and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.
B. Limited License to Us. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, play, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your Music and that your Music will be made available to the public for their use without providing you attribution or compensation.
C. Authority. When you upload Music to the Service, in addition to the license that you grant us to post the Music publicly and permit other Unminus users to download and use them, you also authorize us under your copyrights to enforce any violations of the sublicenses we grant in the Music to others. In other words, if an Unminus user misuses one of your Music downloaded from the Service, you authorize us to enforce your copyrights in the Music on your behalf. However, we are not committed to.
D. Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post publish User Content, you represent and warrant to us that:
i. You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section; and
ii. Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.
E. Disclaimer. There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.
5. Digital Millenium Copyright Act
If you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact us at: info@unminus.com
Any notice that alleges materials hosted by or distributed through the Service infringe intellectual property rights must include:
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address;
D. a statement from you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
E. a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We will terminate (without notice) the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.
6. Prohibited Conduct
By using the Service you agree not to:
A. Use the Service for any illegal purpose or in violation of any laws or regulations;
B. Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
C. Upload, post, or publish any User Content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
E. Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
F. Perform fraudulent activities, such as impersonating another person or lying about your date of birth;
G. Sell copies of Music without first significantly or meaningfully updating, modifying, or otherwise incorporating new creative elements into the Music beyond minimal changes so long as they are not done by automated means (i.e., selling unaltered, slightly altered, or altered by automatic script copies of the Music), including selling them unaltered as pressed CDs, Vinyls or on other recordings.
H. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly (dis)play, or publicly perform the Service; (b) make modifications to the Service; or © interfere with or circumvent any feature of the Service, including any security or access control mechanism;
I. access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);
J. Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Music to create a similar or competitive service or to contribute the Music to an existing similar or competitive service;
K. Transfer your rights to use the Service or to view, access, or use any Materials; or
L. Attempt to do, or assist anyone else to do, any of these things.
7. Other Companies’ Services and Linked Websites
You may find tools on the Service that let you send information, including User Content, to other companies’ services, such as through features that allow you to link your account on the Service with an account on another service (e.g., Twitter or Facebook or the implementation of other companies’ like or share buttons). If you use these tools, you permit us to send this information to the other companies’ services and you acknowledge that we are not responsible for the other companies’ use of this information because, well, we don’t control them at all. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.
8. Termination of Your Account
If you breach any of these Terms, we may terminate your permission to use the Service.
Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by contacting us.
We may update, modify, or even discontinue the Service at any time without notice to you.
9. Privacy Policy and Additional Requirements
A. We take privacy seriously, and we want you to know what information we are collecting from you and how we are using it. Please read our privacy policy (the “Privacy Policy”) carefully. The Privacy Policy is incorporated into these Terms as part of our agreement.
B. Additionally, we may notify you of additional requirements that you need to follow when using the Service, including the Unminus License (the “Additional Policies”). These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.
10. Modifying these Terms
We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
11. Ownership of the Service
Unminus owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, compilation of Music, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.
12. Indemnity
You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.
13. Disclaimer; no warranties
We provide the service, and all content that’s available through the service, on an “as-is” and “as available” basis, without any warranty of any kind, either express or implied. To the maximum extent permitted by applicable law, we specifically disclaim all warranties of any kind, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising out of the course of dealing, usage, or trade. We do not guarantee or warrant that the service will be uninterrupted, secure, or free of errors or harmful components, or that we will fix any errors or harmful components.
Except as provided in section 14 below, you use the service at your own risk and assume all risk for any damages that result from your use of or access to the service, your interactions with other service users, and any content available through the service. Your use of the service and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services at your own discretion and risk, and you will be solely responsible for any damage to your property (including your mobile device used in connection with the service) or loss of data that results from the use of the service or the download or use of the content.
The law in some places prohibits a disclaimer of warranties and you may have other rights that may vary depending on where you reside. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In the united kingdom and the european union, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; or for our obligation to perform the service with reasonable care and skill or failure to perform the service in accordance with information provided about us or the service.
14. Limitation of liability
To the maximum extent permitted by applicable law, we will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use (or inability to use) the service or any content on the service, whether based on warranty, contract, tort (including negligence), statute, or other legal theory, whether or not we have been informed of the possibility of the damages.
Our maximum aggregate liability to you for any and all claims arising out of or relating to your access to or use (or inability to use) the service or any content available through the service, whether based on contract, tort (including negligence), statute, or other legal theory is limited to 10€.
The law in some places does not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the you and us. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
15. General
These Terms, along with the Privacy Policy and the other policies that are incorporated into these Terms, are the entire agreement between you and us regarding your use of the Service. Except for our right to update these Terms under Section 10 above, these Terms can only be amended by a written agreement signed by both you and us. You are not allowed to assign or transfer these Terms, or transfer your account on the Service, to any other person or company without our consent, including any transfer that you want to make in connection with a corporate acquisition. We may assign these Terms with or without notice to you. Any delay or failure to enforce any rights under, or require your compliance with, these Terms will not affect our right to enforce the rights or require your compliance at a later time. If we waive any breach by you of these Terms, we will not be waiving any subsequent breach or your obligation to comply with any terms that you breached. We’ve included paragraph and section headings for ease of reference, but these headings do not affect the interpretation of these Terms. In the event that any part of these Terms is determined by a judge or arbitrator to be unenforceable, the unenforceable part will be given effect as much as possible and the remaining parts will remain in full force and effect. When these Terms are terminated, any provision that by its nature should survive (or that specifically states that it will survive) will survive the termination.
16. Consent to Electronic Communications
You consent to receive electronic communications from us as described in our Privacy Policy. Please read our Privacy Policy to learn about your choices regarding our electronic communications practices. We may send you any notices, agreements, disclosures, or other communications to you electronically.
17. Contact Information
The Service is offered by Unminus, located at 51709 Marienheide, Unnenberger Str. 5, Germany.
You can reach us by sending letters to our address or by emailing us at info@unminus.com.