Uppbeat

Uppbeat Basic License

This Agreement sets out the terms and conditions on which you are granted a license to use the Content. By downloading the Content, you confirm that you accept this License Agreement and that you agree to comply with it in full.

The license agreement comprises this document of specific terms detailing your key license terms, together with the Uppbeat User Agreement which is available publicly at https://uppbeat.io/user-agreement (collectively the "Licence Agreement").

We may update this policy from time to time, so please check this page occasionally to ensure you are happy with any changes. The version of this document that applies is the most recent version at the time of download.

Definitions

These Definitions supplement those of the Uppbeat User Agreement.

References to words importing the singular shall include the plural and vice versa.

  • Solo Creator, Solo Professional & Organisation:
    • Solo Creator: You are a Solo Creator if you are an individual using the Content for yourself, not on behalf of a client or Organisation.
    • Solo Professional: You are a Solo Professional if you are:
      • Either (i) an individual, or (ii) a business which does not match the definition of an Organisation below; and
      • Either (i) using the Content in work produced for a client, or (ii) using the Content on behalf of your own business or enterprise, of which you are the only employee.
    • Organisation: You are an Organisation if you are using the Content for a business, team, agency, or any other organisation which you represent, or by which you are employed, and which consists of more than one member.
  • Open Distribution Platforms: Platforms such as YouTube, TikTok, Instagram, Facebook, Patreon, Twitch etc.

1. Permitted Material

  • 1.1 — The nature of material created by you or on your behalf in which you may use the Content, namely:
    • 1.1.1 — Not being Paid Advertising.
    • 1.1.2 — Not being, or being in connection with, material that a reasonable person could consider to be: (i) defamatory; (ii) discriminatory; (iii) promotion of hatred of any person or group; (iv) promotion of violence or cruelty; (v) obscene, (vi) pornographic (unless expressly agreed by us via separate written agreement); or (vii) intimidating or humiliating any person.
    • 1.1.3 — Not infringing the rights of any third party.
    • 1.1.4 — Not being unlawful or fraudulent or having any unlawful or fraudulent purpose or effect.
    • 1.1.5 — Not being for the purpose of music listening only.
  • 1.2 — Your material may include affiliations or sponsorships.
  • 1.3 — You must be using the Content (i) as a Solo Creator, and (ii) only in material published by yourself.
    • 1.3.1 — You may not be using the Content as a Solo Professional or Organisation.
  • 1.4 — You may not use the Content in material that will be published by a third party client.
  • 1.5 — You may not be producing projects for others, either as a freelancer or as a representative or employee of an organisation of any scale.
  • 1.6 — An exception to Clauses 1.4, 1.5 and 1.6 is made for limited use of the Content on a trial basis, as outlined in Clause 8.

2. Permitted Media

  • 2.1 — The type of Permitted Material, namely:
    • 2.1.1 — videos;
    • 2.1.1 — audio (such as podcasts);
    • 2.1.1 — livestreaming; and
    • 2.1.1 — online games or applications.

3. Permitted Distributor

  • 3.1 — Only you may act as the distributor of the Permitted Media.

4. Permitted Distribution

  • 4.1 — The means by which the Permitted Distributor may distribute the Permitted Media, namely:
    • 4.1.1 — Open Distribution Platforms where the material is directly published by the Permitted Distributor for public or private, free or paid consumption on the respective platform itself.
    • 4.1.2 — Private websites specifically owned and/or operated by the Permitted Distributor.
    • 4.1.3 — Free or paid podcast or e-course files made available for download, subject to Clause 6.1.2.
    • 4.1.4 — Any public events at which any of the aforementioned methods may subsequently be exposed subject to acquisition of the necessary public performance rights, where applicable.
    • 4.1.5 — Any web-based game or application which can be downloaded and distributed online, for free or paid consumption.
  • 4.2 — The Permitted Media may not be distributed via broadcast television, video-on-demand streaming platforms, radio or cinema.
  • 4.3 — The Permitted Media may not be distributed via paid advertisements.

5. Grant of Rights

  • 5.1 — In consideration of the mutual promises contained in this Agreement (the sufficiency of which both you and we hereby acknowledge) and subject to Clause 5.3, we grant you for the Term (if you are a Paid Subscriber or a Free User) a non-exclusive worldwide licence to use the Free Content in Permitted Material in Permitted Media to be distributed by Permitted Distribution.
  • 5.2 — If you are a Paid Subscriber, in consideration of your full payment of the Paid Subscription Fee and subject to Clause 5.3, we grant you for the Term of your Paid Subscription a non-exclusive worldwide licence to use the Paid Content in Permitted Material in Permitted Media to be distributed by Permitted Distribution.
  • 5.3 — If you are a Free User, you must ensure that the appropriate Credit is given whenever you use the Music. This is a material term of this Agreement.
  • 5.4 — Subject to your full compliance with this Agreement, notwithstanding the end of the Term, you may continue to use any Content in your Permitted Material in Permitted Media by Permitted Distribution provided that the first Permitted Distribution of such Permitted Content took place during the Term.
  • 5.5 — With exception to Paid Advertising, full and unrestricted clearance is hereby granted explicitly for the incidental inclusion of the Content in third party material (such as showreels, reviews, news features, or incidental inclusion in livestreams) as a result and in the sole format of exhibiting or featuring an extract of the original content.
  • 5.6 — All rights not expressly set out above are hereby reserved. In particular, you shall have no rights to use our name, logos or other IP Rights, or the names, logos, photographs, likenesses, biographies or other IP Rights of the Contributors of the Content, for any purposes whatsoever.

6. Content Usage

  • 6.1 — Usage Terms Applicable to All Content:
    • 6.1.1 — You may only use the Content in a single piece of Permitted Material and Permitted Media in accordance with this Agreement.
    • 6.1.2 — You may not share, redistribute or resell the Content, including but not limited to the original audio, the project file, uncompressed animation, or lookup table.
    • 6.1.3 — You may not resell any Content (or otherwise make it available) as your "product", as your music, your song, or your asset, even if it has been transformed or edited. In the case of Music Tracks, this includes if you add other instruments or vocals to the music. This is called a "Derivative Work". Notwithstanding any variations or arrangements made to the Content, our Contributors will always own the copyright in the Content and in any Derivative Work.
    • 6.1.4 — You acknowledge and agree that we own or control all IP Rights in our name, logo and other IP Rights. You further acknowledge and agree that our Contributors retain ownership of all their names, logos, photographs, likenesses, biographies and other IP Rights in the Content (and, where relevant, those of the writers or performing artists on the Content). You must not claim ownership of any Content through YouTube's Content ID, even if synchronised with your own Permitted Material. You may not sell, transfer, share, give away or otherwise make any Content available to any other party except in accordance with this Agreement and, in particular, you may not resell any Content (or otherwise make it available) as part of any competing platform such as a music compilation or music library.
    • 6.1.5 — You may not use any of the following to train AI models or for the purposes of machine learning: The Content, including any file metadata; keywords and tags; or categorisation.
  • 6.2 — Usage Terms Applicable to the Music Tracks:
    • 6.2.1 — Expressly for the purpose of synchronising any Content effectively to Permitted Material, the Content may be modified only as follows:
      • 6.2.1.1 — Restructuring and cutting.
      • 6.2.1.2 — Looping a certain section.
      • 6.2.1.3 — Using stems to construct an alternative arrangement.
      • 6.2.1.4 — Applying reverb or other effects to emulate environmental or playback conditions.
      • 6.2.1.5 — Applying minimal effects or audio clips.
    • 6.2.2 — While modifications may be made and the structure of the music may change, the original Content must remain distinctly recognisable. It is not permitted for modifications to be made that may be (in our reasonable opinion) detrimental to the Content or that change the style or arrangement of the Content in any other way.
  • 6.3 — Usage Terms Applicable to the Sound Effects:
    • 6.3.1 — There are no additional Usage Terms Applicable to the Sound Effects. However, in cases where the Sound Effect includes music, the terms in Clause 6.2 also apply.
  • 6.4 — Usage Terms Applicable to the Motion Graphics:
    • 6.4.1 — For Motion Graphics with a stated Software Compatibility, this license applies only to the stated Software Compatibility.
  • 6.5 — Usage Terms Applicable to the Stock Video:
    • 6.5.1 — Expressly for the purpose of using the Content in Permitted Material, the Content may be modified only as follows:
      • 6.5.1.1 — Restructuring and cutting.
      • 6.5.1.2 — Looping.
      • 6.5.1.3 — Converting to a different video format.
      • 6.5.1.4 — Speeding up or slowing down.
      • 6.5.1.5 — Cropping.
      • 6.5.1.6 — Visual adjustments, such as colour grading, as long as the original work remains recognisable.
      • 6.5.1.7 — Extracting stills, expressly for the purposes of video editing, or to serve as a thumbnail. It is not permitted to extract stills solely for the purpose of displaying them as still images.
    • 6.5.2 — While modifications may be made and the structure of the Content may change, the original Content must remain distinctly recognisable. It is not permitted for modifications to be made that may be (in our reasonable opinion) detrimental to the Content.
    • 6.5.3 — If the Content contains a model:
      • 6.5.3.1 — You may not use the Content in a way which would cause a reasonable person to believe that the model is providing a direct personal endorsement.
      • 6.5.3.2 — You may not use the Content in a way which would cause, in the view of a reasonable person, reputational damage or undue embarrassment to the model.
    • 6.5.4 — You may not use any part of the Content in the production of deepfakes.

7. Third Party Infringement

  • 7.1 — We make all reasonable efforts to ensure that you may use any Content in accordance with this Agreement. However, where we receive notice that any Content may be infringing the rights of a third party for which we or the Contributor may be liable, we are entitled to require you to immediately cease using such Content, delete such Content from your computer systems and storage, and ensure that all Permitted Material that includes such Content (in whole or in part) is removed from Permitted Distribution. For the avoidance of doubt, the foregoing provisions do not relate to YouTube Content ID claims.
  • 7.2 — You must notify us immediately by email giving full particulars if any of the following matters come to your attention: (i) any actual, suspected or threatened infringement of any IP Rights in the Content; (ii) any communication received which alleges that any Content infringes the rights of any third party; or (iii) any other form of attack or charge to which any Content may be subject.
  • 7.3 — In respect of any of the matters listed in above: (i) we will, at our absolute discretion, decide what action to take, if any; (ii) we will have exclusive control over, and conduct of, all proceedings; (iii) you will not make any admissions other than to us and will provide us with all assistance that we may reasonably require in the conduct of any proceedings; and (iv) we will bear the cost of any proceedings and will be entitled to retain all sums recovered in any action for our own account.
  • 7.4 — The provisions of sections 101 and 101A of the Copyright, Designs and Patents Act 1988 (or equivalent legislation in any jurisdiction) are expressly excluded.

8. Trial Downloads

  • 8.1 — If you are a Solo Professional or Organisation, for the sole purpose of determining the suitability of the Content for a project, we grant you for the Term a non-exclusive licence to use the Content on a trial basis for up to 90 days. This is considered a "Trial Download".
    • 8.1.1 — An appropriate License (the Uppbeat Solo Professional License, the Uppbeat Business & Team License, or a Custom License with correct coverage) must be obtained prior to any publishing or public display of the work, whether internal or external.
    • 8.1.2 — We make no guarantee that Content licensed as a Trial Download will be available for licensing at any future date.