Please review our terms in full, but here are three key points:
Last Updated: November 15, 2021
Please read this agreement carefully to ensure that you understand each provision.
Use of Our Service
Our Service in a Snapshot. DEMO operates online and mobile music creation tools and software. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the Service only if you can form a binding contract with DEMO, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by their parent or guardian is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by DEMO. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the DEMO Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. DEMO reserves all rights not expressly granted herein in the Service and the DEMO Content (as defined below). DEMO may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the DEMO servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any DEMO Content (as defined below), including any DEMO trademarks, in any manner that might tarnish, disparage, or reflect adversely on such DEMO Content; (xiv) using the Service or any DEMO Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any DEMO trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with DEMO trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of DEMO; (xviii) using any DEMO Content to link to the DEMO website without the prior written consent of DEMO; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of DEMO.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from DEMO prior to establishing another account. If you attempt to establish another account without obtaining such authorization, DEMO may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of DEMO in each instance.
Our Service allows Users to record, input, edit, and distribute content such as music, lyrics, audio recordings, songs and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you use the Service on behalf of an authorized third party, that third party may own—and be entirely responsible for—all such User Content. For the avoidance of doubt, User Content does not include DEMO Media.
Inputting User Content to DEMO.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content your provide does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. DEMO reserves the right, but is not obligated, to reject and/or remove any User Content that DEMO believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, DEMO shall send you written notice of such claim, using the email address provided by you to DEMO, specifying the details of the claim as then known to DEMO. Pending the determination of such claim, DEMO may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by DEMO.
DEMO takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes, or prints using the Service. You shall be solely responsible for your User Content and the consequences of distributing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
User Content License Grant
You retain ownership of your User Content. However, DEMO requires a limited license to use your User Content for purposes such as, but not limited to, providing the Service to you and allowing you to interface with any third-party app which you connect through the Service, and ensuring the Service is operational and secure.
By uploading User Content to the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to DEMO a limited, non-exclusive, worldwide license to use, reproduce, modify, publish, and distribute, all such User Content and your name, and/or likeness as contained in your User Content, in whole or in part, for use in connection with operating the Service, including without limitation, for allowing you to access, edit, and share your User Content to linked third-party applications and saving your User Content to your device, as well as to allow DEMO (and its successors’ and affiliates’) to conduct its business operations, including without limitation, for providing technical and security measures, to ensure the Service is operational, and to update and modify the Service, while your account is active and for a reasonable time thereafter should you wish to reactivate your account. For the avoidance of doubt, User Content does not include DEMO Media.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and DEMO Media (“DEMO Content”), and all Intellectual Property Rights related thereto, are the exclusive property of DEMO and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any DEMO Content for any purpose not expressly permitted by this Agreement.
DEMO Media Licenses
The Service provides certain functionality that allows you to enhance your visual work (“DEMO Media”). You may create a visual work using only your own User Content, or you may choose to incorporate DEMO Media. You may Export a visual work comprised solely of your own User Content at no cost. However, you may only Export a new visual work comprised in part of any DEMO Media or DEMO paid functionality in accordance with the terms of one of the licenses contained in this Section.
In order to use DEMO Media from the Service, you must license the DEMO Media under one of the licenses provided below. By Exporting any DEMO Media from the Service, you hereby agree to be bound by any applicable terms and pay any fees (where applicable). If you license the DEMO Media for use as a commercial advertisement or marketing program, the licenses granted under the licenses provided below may limit such use by you. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the DEMO Media pursuant to any license provided by DEMO.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place DEMO under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, DEMO does not waive any rights to use similar or related ideas previously known to DEMO, or developed by its employees, or obtained from sources other than you.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. DEMO may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
You may cancel your DEMO account at any time; however, there are no refunds for any tools or subscriptions which have been purchased on the Service. In the event that DEMO suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Certain aspects of the service may allow you to access tools, features, add-ons, or DEMO Media (“DEMO Property”). You understand and agree that regardless of terminology used, DEMO Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at DEMO’s sole discretion. DEMO Property is not redeemable for any sum of money or monetary value from DEMO at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of DEMO on DEMO servers, including without limitation any data representing or embodying any or all of the DEMO Property. You agree that DEMO has the absolute right to manage, regulate, control, modify, and/or eliminate DEMO Property as it sees fit in its sole discretion, in any general or specific case, and that DEMO will have no liability to you based on its exercise of such right. All data on DEMO’s servers, including User Content are subject to deletion, alteration, or transfer. DEMO is not a file storage service and does not provide you with the ability to store your User Content on the DEMO servers beyond that which is required for operating the Service.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history, and account content residing on DEMO’s servers, may be deleted, altered, moved, or transferred at any time for any reason in DEMO’s sole discretion, with or without notice and with no liability of any kind. DEMO does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on DEMO’s servers.
DEMO cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is DEMO’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify DEMO’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying DEMO and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with DEMO’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, DEMO has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. DEMO may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify, and hold harmless DEMO and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, DEMO, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and DEMO Media, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is used at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
DEMO does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the DEMO service or any hyperlinked website or service, and DEMO will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall DEMO, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or DEMO Media. Under no circumstances will DEMO be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, DEMO assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall DEMO, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $10.00.
No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, DEMO shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, DEMO Media, or other content, any additions or combinations of User Content or DEMO Media with other content, or the context in which the User Content, DEMO Media, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if DEMO has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in the United States. DEMO makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
You agree that: (i) the Service shall be deemed solely based in Missouri; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over DEMO, either specific or general, in jurisdictions other than Missouri. This Agreement shall be governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Greene County, Missouri for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
For any dispute with DEMO, you agree to first contact us at [EMAIL] and attempt to resolve the dispute with us informally. In the unlikely event that DEMO has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any DEMO claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Greene County, Missouri, unless you and DEMO agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and DEMO are each waiving the right to a trial by jury or to participate in a class action.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DEMO without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement.
This Agreement, together with any amendments and any additional agreements you may enter into with DEMO in connection with the Service, shall constitute the entire agreement between you and DEMO concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and DEMO’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.