Terms of Service

These Terms of Service (the “Terms”) are a legal agreement between you (“you” or “User”) and Arson Theory Inc. (“Arson Theory”, “we”, “us”, or “our”), the operator of STREAM (the “Service” or “Platform”), a platform that allows users to upload, store, organize, privately share, collaborate on, and publicly publish and stream music and related audio content.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not access or use the Service.

If you are using the Service on behalf of a company, band, label, or other organization, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you and that entity.

You must be at least 16 years old, or the age of digital consent in your jurisdiction, whichever is greater, to use the Service. If you are under the age of 18 (or the age of majority where you live), you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms.

You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if you have previously been suspended or removed from the Service.

To use most features of the Service, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.

You may not share, sell, or transfer your account, and you may not create an account using another person’s identity or credentials without authorization.

STREAM enables users to upload audio files and related content, organize them into projects and libraries, and either (a) share them privately with collaborators, reviewers, and invited listeners with configurable access controls, or (b) publish them publicly so that listeners can discover and stream them.

Private sharing and collaboration. You control who may access privately shared content through links, invitations, and permission settings. You are responsible for the access permissions you configure and for the people to whom you grant access.

Public publishing and streaming. When you choose to publish content publicly, you make it available to the general public through the Service and, where you enable it, to third-party platforms and embeds. Public publishing carries additional responsibilities regarding rights clearance, described in Section 6.

We may add, change, suspend, or discontinue features of the Service at any time. We will use reasonable efforts to notify you of material changes that adversely affect your use.

You retain ownership.As between you and Arson Theory, you retain all right, title, and interest in and to the audio recordings, compositions, artwork, text, metadata, and other materials you upload, submit, or make available through the Service (collectively, “User Content”). We do not claim ownership of your User Content.

License you grant to us. You grant Arson Theory a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, encode, transcode, adapt (for formatting and technical purposes), transmit, cache, and display your User Content solely to the extent necessary to operate, provide, secure, and improve the Service and to deliver the features you enable. For privately shared content, this license is limited to delivering the content to the recipients you designate. For publicly published content, this license extends to making the content available to the public and to streaming it as you have configured.

This license ends when you delete your User Content or your account, except that (a) it survives to the extent the content has been shared with others who retain copies, (b) it survives in residual backups for a commercially reasonable period, and (c) it does not require us to remove content from the caches or systems of third parties beyond our control.

Feedback. If you send us suggestions or feedback about the Service, you grant us an unrestricted, perpetual, royalty-free right to use it without obligation to you.

You are solely responsible for ensuring you have all rights necessary to upload, share, publish, and stream your User Content. By making any User Content available through the Service, you represent and warrant that:

• You own the User Content or have obtained all licenses, consents, and permissions necessary to use it and to grant the license in Section 5;
• Your User Content, and our use of it as permitted by these Terms, does not and will not infringe or violate the intellectual property, publicity, privacy, or other rights of any third party;
• You have secured all necessary rights from any co-writers, performers, producers, featured artists, sample owners, and rights holders whose contributions appear in your User Content;
• Where you publish content publicly, you have cleared or will account for any required master, publishing, mechanical, performance, or sample-clearance rights, including any obligations to collecting societies or rights organizations; and
• Your User Content does not contain material that is unlawful, defamatory, or otherwise prohibited under Section 8.

Arson Theory does not provide music licensing, rights clearance, or royalty administration services and does not undertake to clear rights on your behalf. You are responsible for any royalties or payments owed to third parties in connection with your User Content.

Arson Theory respects the intellectual property of others and expects users to do the same. We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (“DMCA”) and comparable laws.

Notices of infringement. If you believe content on the Service infringes your copyright, send a written notice to our designated agent (below) that includes: your physical or electronic signature; identification of the copyrighted work; identification of the allegedly infringing material and its location on the Service; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on their behalf.

Counter-notices. If your content was removed and you believe it was removed in error, you may submit a counter-notice with the information required by the DMCA.

Repeat infringers. We will, in appropriate circumstances, disable or terminate the accounts of users who are repeat infringers.

Designated agent: Copyright Agent, Arson Theory Inc., 626 Wilshire Blvd, Suite 410, Los Angeles, CA 90017; dmca@arsontheory.com.

You agree not to use the Service to upload, share, publish, or transmit any content, or to engage in any conduct, that:

• Infringes or misappropriates any third party’s intellectual property, publicity, or privacy rights;
• Is unlawful, defamatory, harassing, abusive, threatening, hateful, or that incites violence;
• Is sexually explicit involving minors, or otherwise exploits or endangers minors in any way;
• Contains malware, viruses, or code intended to disrupt, damage, or gain unauthorized access to any system or data;
• Attempts to circumvent access controls, digital rights management, usage limits, or security features of the Service;
• Scrapes, harvests, or collects data from the Service through automated means without our prior written consent;
• Impersonates any person or entity or misrepresents your affiliation with a person or entity;
• Distributes spam, unsolicited promotions, or fraudulent schemes; or
• Places an unreasonable load on our infrastructure or interferes with the proper working of the Service.

We may investigate suspected violations and take any action we deem appropriate, including removing content, limiting features, and suspending or terminating accounts.

The Service lets you generate links and invitations that grant others access to your content. You are responsible for the distribution of those links and for the permission levels you assign. Anyone with access to a share link may be able to view, listen to, comment on, download (where you allow it), or further access your content according to the settings you choose.

If you collaborate with others, you are each responsible for your own contributions and for having the rights to share them. Comments, notes, and feedback submitted by collaborators are User Content of the person who submitted them.

We do not pre-screen User Content, and we are not responsible for content posted by users. However, we reserve the right, but not the obligation, to review, moderate, refuse, remove, or restrict any User Content at our discretion, including content that we believe violates these Terms or applicable law, or that could expose us or others to liability.

Removal of content does not necessarily remove copies that others have downloaded, cached, or redistributed. You are responsible for maintaining your own backups of your User Content.

The Service may interoperate with third-party platforms, embeds, payment processors, analytics, and storage providers. Your use of those services is governed by their terms and privacy policies, and we are not responsible for them. Enabling an integration may involve sharing certain data with the third party as necessary to provide the integration.

Certain features of the Service may be offered on a paid subscription or usage basis. Where paid features apply, the applicable prices, billing cycle, storage limits, and other terms will be presented to you at the point of purchase and are incorporated into these Terms.

• Fees are stated exclusive of taxes, which you are responsible for paying where applicable.
• Unless otherwise stated or required by law, payments are non-refundable and subscriptions renew automatically until cancelled.
• You may cancel a subscription at any time; cancellation takes effect at the end of the then-current billing period.
• We may change fees on a prospective basis with reasonable advance notice.

The Service, including its software, design, user interface, trademarks, logos, and all associated intellectual property (excluding User Content), is owned by Arson Theory or its licensors and is protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose, subject to these Terms. No other rights are granted. You may not copy, modify, reverse engineer, or create derivative works of the Service except as permitted by law.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, if we are required to do so by law, or if we discontinue the Service.

Upon termination, your right to use the Service ceases. We may delete your User Content following termination, subject to our data-retention practices and legal obligations. Sections of these Terms that by their nature should survive termination (including Sections 5, 6, 13, 15, 16, 17, and 18) will survive.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that content will not be lost or corrupted. You are responsible for maintaining backups of your User Content. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

To the maximum extent permitted by law, Arson Theory and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or content, arising out of or related to your use of the Service.

To the maximum extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of (a) the amounts you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by applicable U.S. federal law.

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us and allowing 30 days to resolve it.

Binding arbitration. Except for claims that qualify for small-claims court and claims for injunctive relief relating to intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or its Streamlined Rules where applicable) then in effect. Arbitration will take place in Los Angeles, California, or by videoconference, or at another mutually agreed location.

Class-action waiver.You and Arson Theory agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to the address in Section 19. If you opt out, disputes will be resolved in the state or federal courts located in Delaware, and you and we consent to their jurisdiction.

You agree to indemnify, defend, and hold harmless Arson Theory and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new effective date or notifying you through the Service. Your continued use after the changes take effect constitutes acceptance.

Entire agreement. These Terms, together with the Privacy Policy and any additional terms you agree to, are the entire agreement between you and Arson Theory regarding the Service and supersede prior agreements.

Severability. If any provision is found unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Contact. Questions about these Terms may be sent to Arson Theory Inc., 626 Wilshire Blvd, Suite 410, Los Angeles, CA 90017, or by email at dmca@arsontheory.com.