INTRODUCTION AND ELIGIBILITY

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Please read these Terms of Use (“Terms”) carefully before using the  Service. The  Service provides independent artists with a platform for getting feedback on their music from curators of successful playlists. 

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We have included several italicized annotations to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

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This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Stream Catcher Service means you accept any changes. 

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Binding Agreement. These Terms constitute a binding agreement between you and Stream Catcher and its affiliates and subsidiaries (“Stream Catcher”, “we”, “us”). “You”, “user”, and “users” shall mean all visitors to and users of the Stream Catcher Service, including artists who pay for campaigns and curators who listen to and review artists’ submissions. You accept these Terms each time you access the Stream Catcher. If you do not accept these Terms, you must not use the Stream Catcher Service.

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The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Stream Catcher Service. For instance, as an artist, you post your music by uploading and/or linking to it when you apply for a campaign on the Stream Catcher Service.

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No Relationship to Any Streaming Service and Curators Not Paid to Endorse or Promote Artists’ Work. We are an independent organization that helps link artists seeking feedback on their music to knowledgeable curators who curate successful playlists on popular streaming services (e.g., Spotify, YouTube) and are willing to listen to and review artists’ submissions.

 

Stream Catcher IS NOT AFFILIATED WITH OR A PART OF ANY STREAMING SERVICE. PAYING FOR A CAMPAIGN DOES NOT GUARANTEE THAT A SONG WILL BE ADDED TO ANY PLAYLIST ON ANY STREAMING SERVICE. CURATORS ARE PAID ONLY TO REVIEW ARTISTS’ SUBMISSIONS; IF THEY LIKE WHAT THEY HEAR, THEY MAY ADD IT TO A PLAYLIST, BUT THAT DECISION IS SOLELY AT THE CURATORS’ DISCRETION.

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COMMUNICATIONS

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Stream Catcher may communicate with you by email or posting notice on the Stream Catcher Service. You may request that we provide notice of security breaches in writing.

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You agree to receive email from us at the email address you provided to us for customer service-related purposes and for other purposes contemplated by these Terms and the Stream Catcher Privacy Policy.

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PURCHASES AND PAYMENTS

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PAYMENT FOR A CAMPAIGN DOES NOT GUARANTEE THAT YOUR SONG(S) WILL BE ADDED TO A PLAYLIST.

 

When you pay for a campaign, you are paying for your song(s) to be reviewed; you are not paying for your song(s) to be placed on a playlist. That decision is in the sole discretion of the curators who listen to and review your music. Stream Catcher does not guarantee that any song will be placed on a playlist.

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You agree to pay all charges that may be incurred by you or on your behalf through the Stream Catcher Service or our authorized payment vendor, at the price(s) in effect when such charges are incurred, including without limitation all processing charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

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Refunds. We offer refunds for paid campaigns only if we aren't able to get back to you with a decision and a review within 7 days.

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STREAM CATCHER CONTENT OWNERSHIP AND USE

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Stream Catcher owns or has rights to all of the content we make available through the Stream Catcher Service, but you may use it as you use the Stream Catcher Service. You cannot use our logo without our written permission.

The contents of the Stream Catcher Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Stream Catcher content. All Stream Catcher Content and the compilation (meaning the collection, arrangement, and assembly) of all Stream Catcher Content are the property of Stream Catcher or its licensors and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by Stream Catcher, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Stream Catcher Service or the Stream Catcher Content, in whole or in part.

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 Unauthorized use of the Stream Catcher Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Stream Catcher Content on any copy you make of the Stream Catcher Content.

 

INTELLECTUAL PROPERTY RIGHTS AND YOUR LICENSE TO USE

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You understand and agree that you will not obtain, as a result of your use of the Stream Catcher Service, any right, title, or interest in or to such content delivered via the Stream Catcher Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Stream Catcher Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of content you post on or through the Stream Catcher Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of content you post on the Stream Catcher Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Stream Catcher Service. You also acknowledge and agree that any content you post is non-confidential and non-proprietary.

The Stream Catcher Service Contains Content from Users and other Stream Catcher Licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Stream Catcher Service.

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COPYRIGHT POLICY

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Tell us if you think a user has violated your copyright using the Stream Catcher Service, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Stream Catcher Service infringe your copyright, you (or your agent) may send Stream Catcher a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Stream Catcher Service are covered by a single notification, a representative list of such works);

3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Stream Catcher to locate the material on the Stream Catcher Service;

4. Your name, address, telephone number, and email address (if available);

5. A statement 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

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Stream Catcher a counter-notice.

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STREAM CATCHER SERVICE LIMITATIONS AND PROHIBITIONS

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 The following uses of the Stream Catcher Service are prohibited. You may not:

1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Stream Catcher Service, user accounts, or the technology and equipment supporting the Stream Catcher Service;

2. frame or link to the Stream Catcher Service without permission

3. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

4. disclose Personal Information about another person;

5. sell, transfer, or assign any of your rights to use the Stream Catcher Service to a third party without our express written consent;

6. post advertising or marketing links or content, except as specifically allowed by these Terms;

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LIABILITY

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We are not liable for the actions of users when they use the Stream Catcher Service. We may also change the Stream Catcher Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you encounter using the Stream Catcher Service or other websites.

 

We may change, suspend, or discontinue any aspect of the Stream Catcher Service at any time, including hours of operation or availability of the Stream Catcher Service or any feature, without notice or liability.

 

User Disputes with other Users and Third Parties. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Stream Catcher Service, including from time to time, any interactions with other artists, curators, and other users, generally. Playlist curators are not employed by Stream Catcher. 

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DISCLAIMER OF WARRANTIES

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You use the our Service at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may arise out of or be related to your use of the Stream Catcher Service. If you use the Stream Catcher Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

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FORCE MAJEURE

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To the fullest extent permitted under applicable law, Stream Catcher will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to or access in excess of authorization of Stream Catcher information technology systems; or (g) other causes beyond the reasonable control of Stream Catcher.

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GENERAL TERMS

These Terms constitute the entire agreement between you and Stream Catcher concerning your use of the Stream Catcher Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. The English-language versions of the Terms and incorporated agreements, such as the Privacy Policy, contain the binding terms, and any translations into other languages are for convenience only. If the English-language version conflicts with any translation, the English-language version controls.

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