End User Agreement Epidemic Sound AB

1. General

1.1 These Terms of Use (these "Terms of Use") applies to the use of Epidemic Sound AB's Online Music Catalogue Service (the "Service").

1.2 The Service is provided by Epidemic Sound AB, Åsögatan; 121, 116 24 Stockholm, Sweden ("Epidemic Sound").

1.3 By using the Service you agree to be bound by these Terms of Use. Epidemic Sound reserves the right, at its full discretion, to modify these Terms of Use at any time. Such modification enters into force when published on https://player.epidemicsound.com (the "Website") or communicated to you in any other appropriate manner. Your continued use of the Service after such modification is valid as consent thereto. Do check the Website regularly to verify whether these Terms of Use have been modified. If you do not accept to abide by these Terms of Use you may not use the Service or access any Content.

1.4 Any translation of these Terms of Use from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one and the version valid as agreement and Terms of Use.

2. The Service and general limitations of use

2.1 The Service is an Online Music Catalogue service, by which Epidemic makes available digital music files (collectively as well as any part thereof "Content") for the purpose to be used in audiovisual productions, under the terms and conditions as set out in these Terms of Use and the Music License Agreement available on the Website. You access the Service from Epidemic's online interface.

2.2 The Service is available for entities and persons that that have registered and created user accounts to the Service.

2.3 The assortment of Content may be amended at all times by Epidemic, with or without any notice to you. You accept that the Content that is available might not be available at a later stage.

2.4 You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more requests to Epidemic or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.

2.5 You agree to only download Content that is directly needed for your work and that you will not use any automated system or device (including, without limitation, any robot, spider or program) to download large amounts of Content that will not be used in the fulfillment of your obligations to your employer. Please be aware that Epidemic has reserved the right, in its own discretion, to immediately terminate any account that may be performing such abuse.

3. How to access the Service and your account

3.1 In order to use the Service you also need an Internet connection with certain requirements, which are specified on the Website.

3.2 In order to use the Service you must create a personal account and register as user by following the instructions that are further specified in the user registration form. Your account will contain basic account information including username and password. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and Epidemic reserves the right to test and to verify this at any time. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.

3.3 You must notify Epidemic immediately of any breach of security or unauthorized use of your Epidemic account that you become aware of.

3.4 You agree that you will be solely responsible (to Epidemic, and to others) for all activity that occurs under your Epidemic account.

4. Intellectual Property Rights

4.1 You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms of Use and under the Music License Agreement available on the Website.

4.2 All content available through the Service and on the Website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Epidemic.

Except for the rights expressly granted to you in the Music License Agreement and in these Terms of Use, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Epidemic. Epidemic do under no circumstances transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content as a result of receiving the digital distribution of the Content.

5. Use of Computer Resources

5.1 You agree that Epidemic has the right to allow the Service to make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. However, this may only be done to facilitate the process, functions and operations of the network to which the Service is connected and runs as well as to facilitate the transmissions and communications of data or other features to you as well as to others who use the Service.

5.2 If you are connected to the Internet in a foreign country the Service may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. As a consequence extra charges from your Internet Service Provider ("ISP") may be brought on you. Check with your ISP for further details. By using the Service you agree to take responsibility for these extra charges towards your ISP and you agree to indemnify Epidemic for any third party claims due to the extra charges from your ISP referable to you.

6. Advertisement

6.1 You accept that you may be exposed to commercial messages, newsletters and advertisement sent by Epidemic Sound when using the Service.

7. Support

7.1 You will find answers to the most frequently asked questions about the Service on the www.epidemicsound.com. You are always welcome to contact Epidemic on hello@epidemicsound.com.

8. Privacy and Personal Data

8.1 You agree that Epidemic has the right to collect and process personal data about you and your use of the Service in accordance with Epidemic's Privacy Policy applicable from time to time. Epidemic's applicable Privacy Policy is available on the Website.

9. Service Level and Liability

9.1 Epidemic will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.

9.2 Epidemic is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Epidemic's control.

9.3 Epidemic will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. Epidemic will try to arrange updates and maintenance outside of peak usage hours.

9.4 The Service is provided "as is" and there is no warranty, expressed or implied, as regards to the availability, fitness for purpose, Content or other data provided and the quality of the Service. You also acknowledge that freedom from program errors cannot be obtained in the software industry.


9.6 Epidemic reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and Epidemic shall have no liability to you if Epidemic exercises such rights.

10. Indemnity

10.1 Upon request by Epidemic, you agree to indemnify, defend and hold Epidemic harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms of Use.

10.2 Furthermore, Epidemic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Epidemic in asserting any available defenses.

11. Additional Terms

11.1 If you violate any of the terms or conditions in these Terms of Use, your right to use the Service and access Content will immediately terminate. Epidemic may further, at its sole discretion, terminate your account and your access to the Service with two weeks notice.

11.2 Content types and descriptions, such as genres, categories etc, are provided for your convenience only and Epidemic does not guarantee their accuracy.

12. Assignment

12.1 Epidemic is entitled to in whole or in part assign its rights and obligations under these Terms of Use to a third party.

13. Partial Invalidity

13.1 If any provision of these Terms of Use shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms of Use shall not be affected thereby. Each provision of these Terms of Use shall be valid and enforced to the fullest extent permitted by law.

14. Law and Dispute Resolution

14.1 Swedish law shall apply to these Terms of Use except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be determined by Swedish courts of general jurisdiction where the district court of Stockholm (sw: Stockholms tingsrätt) shall be the court of first instance.

14.2 Epidemic has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.