Terms of Service
Overview
This website is operated by Monstercat. Throughout the site, the terms “we”, “us” and “our” refer to Monstercat. Monstercat offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website, using our website, using any services on the website offered by us, and/or purchasing something from us on the website, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. Terms of Service apply to all users of the Monstercat website and the components and features thereof, including without limitation users who are browsers, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing and/or using our website. By accessing or using any part of the Monstercat website, whether you have a registered account, are a Subscriber (as defined below), or are an unregistered user, you agree to be bound by these Terms of Service. If you do not agree to be bound by the Terms of Service, you are not permitted to access or use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
For clarity, any new features, components or tools which are added to the Monstercat shop are also subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 - General Use Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province and/or country of residence, or that you are at least 18 years old or the age of majority in your state, province and/or country of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are under the age of majority, you must review this agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it, and may only use the Service under the supervision of an adult.
You may not use our Service to violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the Services provided to you. We reserve the right to refuse the Service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms
Section 2 - conditions of the subscription service (aka “Gold” or “Monstercat Gold”)
A) Overview
The “Subscription Service” (aka “Gold” or “Monstercat Gold”) is an online music catalogue service, by which we make available Monstercat music in the form of digital music files (the “Subscription Music”) to subscribers to the Subscription Service (each, a “Subscriber”, and collectively, “Subscribers”) solely for the purpose of synchronizing such Subscription Music in audiovisual productions solely for exhibition on YouTube and/or Twitch channels owned and/or controlled by Subscribers for non-commercial purposes (the “Permitted Use”), while maintaining the right to earn royalty free advertising revenue from such channels (“Claim Free”), so long as such person is a Subscriber or as otherwise expressly described herein. Upon a Termination Event (as defined below), the Claim Free use of Subscription Music shall be governed in accordance with Section E (Termination) below. Each Subscriber expressly acknowledges and agrees to not make use of any Subscription Music for any prohibited or commercial purposes and/or in connection with any sponsorship (including sponsored content), merchandising, advertisements or commercial tie-ins whatsoever, including without limitation: (a) in connection with the promotion, sponsorship and/or advertising of a product or service; (b) synchronizing the Subscription Music with so-called ‘visualization’ or static imagery, or with no discernable (or blank) video content; © making any use of the Subscription Music other than in connection with a Subscriber’s owned and/or controlled Twitch and/or YouTube channels; (d) making any so-called “bass boosted” or “nightcore” versions of Subscription Music (or anything that is similar or analogous in Monstercat’s sole and absolute discretion); (e) looping of any Subscription Music (i.e. 1 hour, 10 hour, etc.); (f) providing file sharing links to any Subscription Music; (g) using any Monstercat word or design trademarks as a Subscriber’s channel name or icon; and/or (h) uploading, streaming or otherwise making the Subscription Music available on any platform other than YouTube or Twitch. For the purposes of these Terms, we deem a Subscriber’s earning of advertising revenue from their YouTube and/or Twitch channel “non-commercial”.
B) Commercial Licensing
The Subscription Service is for the use of Subscription Music for non-commercial purposes only. If you would like to use any Monstercat music for commercial purposes, please visit https://www.monstercat.com/sync or email [email protected]. Monstercat is committed to licensing our music on competitive terms on par with music industry standards and we review and respond to all licensing inquires as soon as possible.
C) Access
Subscribers shall access Monstercat Gold from Monstercat’s website or via Streamlabs OBS live streaming software. The Subscription Service is solely available for entities and persons that have registered and created an account, who have the ability to enter into a binding contract (i.e. are the age of majority in their state, province and/or country of residence, not personally bankrupt, etc.), and who pay the prescribed fee to access and use the Subscription Service (the “Fee”). The Fee is stated in United States Dollars.
D) Management
Monstercat reserves the right to amend the Subscription Music, including excluding certain Monstercat music from same, at all times without notice to Subscribers. Each Subscriber accepts that the Subscription Music that is currently available might not be available at a later date. Certain Monstercat music may not be made available as part of the Subscription Service due to licensing restrictions. Monstercat strives to provide Subscribers with an extensive high-quality catalog of Subscription Music.
Monstercat reserves the right to manage Monstercat Gold in a manner that it believes, in its sole and absolute discretion, best benefits its users and best enables Monstercat to maintain the Subscription Service, including the right to unilaterally change the Fee and Subscription Music at any time. Each Subscriber hereby gives Monstercat the express consent and permission to be contacted via email by Monstercat in respect of material changes to Monstercat Gold, including without limitation, in respect of: (a) changes to the Fee; (b) changes to the core functionality of the Subscription Service; © updates to Fee payment features and/or functionality; (d) updates to the Terms of Service applicable to the Subscription Service; (e) updates to YouTube and Twitch so-called ‘content ID’ programs that materially affect the Subscription Service; and (f) any other changes Monstercat deems are materially necessary to contact Subscribers about via email. For greater clarity, Monstercat will not email Subscribers for marketing purposes unless they have expressly consented to receiving such marketing communications (i.e. opted in).
Monstercat reserves the right to change or discontinue any portion or all of the Subscription Service, or to terminate or suspend the account of any person, that, in Monstercat’s sole and absolute discretion, uses the Subscription Service in a manner that is not consistent with the Permitted Use.
E) Termination
In the event that: (a) a Subscriber ceases to be a Subscriber; (b) the Subscription Service is discontinued; © a Subscriber’s account is suspended or terminated; (d) the limited license granted to a Subscriber hereunder is revoked or otherwise terminated for any reason; or (e) any similar or analogous situation (each, a “Termination Event”), each Subscriber and former Subscriber acknowledges and agrees that upon a Termination Event, in addition to any other rights or remedies available to Monstercat in law or equity, Monstercat shall have the right to cease such Subscriber’s continued use of the Subscription Music on a Claim Free basis, and Monstercat shall be entitled, without limitation, to collect royalties from YouTube and/or Twitch in connection with such former Subscriber’s continued use of any such Subscription Music. Solely in respect of audiovisual productions containing Subscription Music created while a former Subscriber was a Subscriber, Monstercat retains the right, in its sole and absolute discretion, to deem a former Subscriber’s continued use of Subscription Music ‘promotional’ and may permit a former Subscriber to continue using the Subscription Music on a Claim Free basis, so long as such former Subscriber adheres to all of Monstercat’s prescribed Subscription Music crediting obligations. Notwithstanding the foregoing, Monstercat retains the right to revoke a former Subscriber’s ‘promotional’ use rights at any time in its sole and absolute discretion.
A Subscriber’s access to the Subscription Service will continue until a Termination Event. To use the Subscription Service, a Subscriber must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated and determined from time to time in Monstercat’s sole and absolute discretion, and which may include payment through a Subscriber’s account with a third party. Unless a Subscriber cancels their membership before their next billing date, they authorize us to charge the Fee for the next billing cycle to their Payment Method. A Subscriber may cancel their subscription to the Subscription Service at any time, and such Subscriber will continue to have access to the Subscription Service through the end of their billing period. To the extent permitted by applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods.
F) Fees & Payment
The Fee for the Subscription Service and any other charges a Subscriber may incur in connection with their use of the Subscription Service, such as taxes and possible transaction fees, will be charged to the Subscriber’s Payment Method on the specific payment date indicated on the “Manage Subscriptions” page in a Subscriber’s account. The length of a Subscriber’s billing cycle will depend on the type of subscription that the Subscriber chooses when signing up for the Subscription Service. In some cases, a Subscriber’s payment date may change, for example if the Subscriber’s Payment Method has not successfully settled, when a Subscriber changes their subscription plan, or if the Subscriber’s paid membership began on a day not contained in a given month. We may authorize a Subscriber’s Payment Method in anticipation of membership or Subscription Service-related charges through various methods.
Each Subscriber acknowledges and agrees that Monstercat, and its licensors, retain all right, title, and interest in and to all data and information (excluding information and data that Subscribers provide) content and materials provided on or through the Subscription Service (including, without limitation, the musical compositions, audiovisual works, editorial and contextual information, text, images, photographs, videos, graphics, page headers, the selection and arrangement of elements displayed on or through the Subscription Service, the compilation of all content and materials on the Subscription Service, and the business process, procedures, methods, and techniques used in the Subscription Service) and all associated copyright rights, trademark rights, trade secret rights, and other intellectual property and proprietary rights recognized anywhere in the world (each as may be applicable). All rights are expressly reserved. We may from time to time offer special promotional offers, plans, or memberships (“Offers”) for the Subscription Service. Offer eligibility is determined by us in our sole and absolute discretion, and we reserve the right to revoke an Offer in the event that we determine you are not eligible or in our sole and absolute discretion.
G) Limited License
Monstercat grants Subscribers a limited, non-exclusive, and non-assignable license to access and use the Subscription Service for the purpose of synchronizing selections from the catalog of Subscription Music in timed relation with videos created by such Subscriber and to cause or authorize the exhibition of such videos solely by means of YouTube and/or Twitch channels owned and/or controlled by such Subscriber, on a non-commercial basis, subject to the terms and conditions of these Terms of Service and not for redistribution of any kind. The foregoing license does not provide Subscribers the right to remix, substantially edit, or modify any of the Subscription Music. Monstercat may make certain software and/or services available to you through a Subscriber’s use of the Subscription Service. Such software and/or services (as applicable) are deemed to be licensed to each Subscriber by Monstercat under a non-exclusive, non-assignable license for the Subscriber’s non-commercial use (as detailed herein), and each Subscriber’s use of such software and/or services is subject to these Terms of Service.
The owners of the Subscription Music made available through the Subscription Service are intended third-party beneficiaries of these Terms of Service and will have the right to enforce these Terms of Service against Subscribers (whether or not they have ceased to be a Subscriber)
and invoke all rights hereunder, including limitations of liability. Monstercat, as a reseller to Subscribers, does not accept orders for music dealers, exporters, wholesalers, or any other customers who intend to resell. The delivery of a product or content does not transfer to a Subscriber any commercial or promotional use rights in the product or content except as expressly contemplated herein.
Section 4 - Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products Or Services
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not represent, warrant or covenant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy Of Billing And Account Information
We reserve the right to refuse any order or subscription you place with us. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on an ‘as is’ and ‘as available’ basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-party Material
A) Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
B) YouTube API Services
Parts of Monstercat’s technologies integrate with YouTube API Services. When you choose to engage with these services, you are bound by YouTube’s Terms of Service.
Section 9 - User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 - Personal Information
In addition to these Terms, our Privacy Policy governs your access to and use of the Service. You agree that by using the Service you consent to the collection, use, and sharing of such information (as set forth in the Privacy Policy), including the transfer of this information within or to Canada, the United States, and/or other countries for storage, processing, and use by Monstercat, its affiliates, and its third-party business associates.
Your submission and our processing of personal data and information about you, whether through our website, the store, via the Subscription Service, or otherwise, is governed by and done in accordance with our Privacy Policy.
Section 11 - Errors, Inaccuracies And Omissions
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content (including but not limited to the Subscription Music) for the following purposes:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; © to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to produce any content that advertises the use of liquor, tobacco, weapons, firearms, illicit drugs, violence, harassment, sexually explicit content, and items or acts of a similar nature; (m) is in violation of the Monstercat Code of Ethics; or (n) to commit any acts or create any content that are, in Monstercat’s sole and absolute discretion, of an overly political nature and/or would be considered by a reasonable person to be inappropriate. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not represent, warrant, or covenant that the results that may be obtained from the use of the Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Monstercat, its parents, affiliates, subsidiaries, or partners, and each of its and their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including
, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Monstercat, its affiliates, parents, subsidiaries and partners, and each of its and their officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service (including the Subscription Service), superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein. You expressly agree that exclusive jurisdiction for any claim or dispute with Monstercat or relating in any way to your use of the website, Service and Subscription Service resides in the courts of the province of British Columbia.
Section 19 - Dispute Resolution
You and Monstercat agree to arbitrate any dispute, controversy or claim arising out of, or relating to, these Terms of Service or your use of the Service, whether as to its interpretation, or to any act or failure to act, or refusal to perform the whole or any part thereof, shall be resolved by confidential binding arbitration in accordance with the terms hereof, except that you and Monstercat are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. You must notify Monstercat in writing of any dispute, controversy or claim within thirty (30) days of when it arises. Notice to Monstercat shall be sent to [email protected]. You and Monstercat further agree to attempt informal resolution prior to any demand for arbitration and that arbitration shall be conducted under: (i) the International Commercial Arbitration Act (British Columbia), in the event that Monstercat is resident or has its registered office located outside of Canada; or (ii) in all other cases, the Commercial Arbitration Act (British Columbia). Each party shall be entitled to select one (1) arbitrator and the selected arbitrators will appoint a third arbitrator. The arbitration will be conducted. The decision of the arbitration panel will be final and binding on the parties.
Section 20 - Assignment
Monstercat is entitled to in whole or in part assign its rights and obligations under these Terms of Service to a third party. You may not assign these Terms of Service to any party.
Section 21 - Term And Termination
These Terms of Service will continue to be in force until terminated by Monstercat. If Monstercat terminates these Terms of Service for any reason or if you violate any of the terms or conditions in these Terms of Service or any related documents, your right to use the Service or Subscription Service will immediately terminate.
Section 22 - Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole and absolute discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is solely your responsibility to check our website periodically for changes to the Terms of Service. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 23 - Contact Information
Questions about the Terms of Service should be sent to us at [email protected].
Monstercat Inc.
2900-550 Burrard Street
Vancouver BC V6A4E3