Policies

Terms of Use

17 November 2022

Last updated: 1 December 2022

The Services
These General Service Terms (“Terms”) govern your use of Harvest Media’s products and services including www.harvestmedia.net & and its associated Admin portal (the “Website”), Harvest Media’s mobile and desktop apps (Harvest Media’s “Apps”) and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by Harvest Media (the “Services”). These Terms, together with Harvest Media’s Privacy Policy and Cookies Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Harvest Media in relation to your use of the Website, Apps and Services (together, the “Platform”).
Acceptance of Terms
By registering to use the Platform and/or by using or continuing to use Harvest Media’s Services, you signify your assent to these Terms. Please read these Terms, Privacy Policy and Cookies Policy, very carefully. If you are subject to the territorial scope of the Data Protection Laws (as defined in the Data Processing Agreement), you may also be subject to our Data Processing Addendum. If you do not agree to any of the provisions set out in those documents, you should not use the Website, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use, Privacy Policy and Cookies Policy, will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform.
Changes to Terms
1. Harvest Media reserves the right to, at any time:
  1. change, alter, replace or otherwise modify these Terms at any time, provided the modification or variation does not adversely affect you; or
  2. modify the terms of this Agreement, (for example, for security, legal, or regulatory reasons) as required from time to time in its sole discretion.
2. Where a variation or modification to the terms of this Agreement could reasonably be expected to adversely affect you or cause detriment to you, Harvest Media will provide notice of such variation or modification to you via the Services or to the email address linked to your Account. These updates will come into effect 30 days after such notification is sent. You will have no obligation to continue using the Platform following the date being 30 days after any such notification, but if you do not terminate your account as described in the Termination section below during such 30-day period, your continued use of the Platform after the end of that 30-day period will constitute your acceptance of the revised Terms of Use.
3. The date of last modification is stated at the end of these Terms. It is your responsibility to check the end of this document from time to time, so you are aware of the up-to-date version of these Terms.
Description of the Platform
1. The Platform is a hosting content delivery service provided in accordance with these Terms. Registered users of the Platform may submit, upload and post audio, text, photos, pictures, graphics, metadata, comments, and other content, data or information (“Content”), which will be stored by Harvest Media at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, search tools, Apps and API. The Website is intended for business-to-business use and is not intended for non-professional use by consumers. In some instances, Clients may present such content to consumers via Harvest Media’s API or search tools.
2. We may, from time to time, release new tools and resources on the Platform, release new versions of Harvest Media’s Apps, API or admin, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms as well as any additional terms of use that we may release for those specific services or features. We may also impose limits on certain features of the Platform or restrict your access to part or all of the Platform without notice or penalty.
Your Account
1. In order to use some parts of the Platform, you will need to register an administrator profile account (“Account”). You must have your own Account and are prohibited from creating multiple Accounts or sharing your Account with others.
2. You must provide full and accurate information when you create your Account and must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you choose to provide about yourself will be treated in accordance with Harvest Media’s Privacy Policy. You are solely responsible for the activity that occurs on your Account and must keep your Account password secure. You must notify us immediately if you are aware of any unauthorised use of your Account.
3. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether such activity was authorised by you. If your username or password is lost or stolen, or if you believe that your Account has been accessed by unauthorised third parties, you are advised to notify Harvest Media in writing, and should change your password at the earliest possible opportunity.
4. We reserve the right to disallow, cancel, remove or reassign Accounts in appropriate circumstances, as determined by us in Harvest Media’s sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on that Account which, in Harvest Media’s sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
5. If you register an Account on behalf of a company, organisation or other entity, the terms “you” and “your,” as used throughout these Terms of Use apply to both you and the Company. If you create an Account, you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms of Use and to bind the Company to these Terms of Use.
6. You may terminate your Account at any time provided you provide Harvest Media at least 30 days’ written notice as described in the Termination section below.
Free and Premium Services
Some Service options are provided free-of-charge, subject to certain Usage Thresholds (“Free Services”). Other Services require payment if used (the “Premium Services“). All Harvest Service options may not be available to all users. We will explain which services are available and most suited to your needs when you set up your Account.
Usage Thresholds for Free Services
1. Your use of the Free Services is subject to the following Usage Thresholds:
  1. A maximum of 2,500 tracks ingested into the Platform (“Track Ingestion Threshold”)
  2. A maximum of 6 sub-publishers utilising the publisher sharing capabilities on the Platform (“Sub-Publisher Sharing Threshold”).
2. If you exceed a Usage Threshold during any one billing cycle, you will be charged Premium Service Fees for that Usage Threshold in accordance with the Harvest Media Rate Card for that billing cycle. In order to resume using the Free Services for the next billing cycle, you must remove the required number of tracks and/or sub-publishers to fall within the Free Usage Thresholds.
Trials
1. From time to time, we may offer trials of certain Premium Services for a specified period without payment or at a reduced rate (a “Trial Offer”). By using a Harvest Premium Service via a Trial Offer, you agree to the corresponding Trial Period which shall continue for the period as advertised. A Trial Offer must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, Harvest reserves the right to modify, suspend or terminate a Trial Offer at any time and for any reason, in which case we will not honour subsequent Trial Offer enrolments.
2. Unless you cancel before the end of the Trial Offer, you will become a recurring Subscriber to that Harvest Premium Service and will be liable to pay the associated fees for that Premium Service as set out in the Harvest Media Rate Card. Any capped features of that Harvest Premium Service will be reduced by the length of the Trial Offer. If you cancel the Trial Offer, you will lose access to the Harvest Premium Services.
Grant of Rights
1. Subject to your strict compliance with these Terms, Harvest Media grants you a limited, non-exclusive, revocable, non-assignable and non-transferable right to access and use the Platform in order to view Content uploaded to the Platform, to listen to audio Content streamed from the Platform or offline and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”) and subject to the territorial availability of that feature and audio Content.
2. Without limiting any of Harvest Media’s rights or remedies under this Agreement, Harvest Media grants you these rights in reliance on the indemnities given by you as set out under the Indemnification heading below.
3. The above rights are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:
  1. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of Content.
  2. You must not adapt, copy, republish, reproduce, vary, reverse engineer, decompile, circumvent, alter, modify, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform or any Materials, except: where such Content is your Content (Your Content), or as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of creative commons licences selected by the Uploader).
  3. You must not communicate or release (or allow access to) any part of the Services or Platform to any third party (not including employees or company officers) without the prior express written consent of Harvest.
  4. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
  5. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  6. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
  7. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    1. any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Harvest Media’s reasonable discretion;
    2. any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    3. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in Harvest Media’s reasonable opinion;
    4. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform; or
    5. any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.
  8. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  9. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.
  10. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Harvest Media employee or contractor.
  11. You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
  12. You must not sell or transfer, or offer to sell or transfer, any Harvest Media account to any third party without the prior written approval of Harvest Media.
  13. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  14. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Harvest Media or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Harvest Media’s servers, system or network or attempt to breach Harvest Media’s data security or authentication procedures; attempt to interfere with the Platform or the Services by any means including, without limitation, hacking Harvest Media’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Harvest Media under these Terms of Use, Harvest Media reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
4. You agree to comply with the above conditions, the terms set out under the Copyright heading and acknowledge and agree that Harvest Media has the right, in its sole discretion, to terminate your Account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms. This may include taking court action and/or reporting offending users to the relevant authorities.
Your Content
1. Any and all audio, text, images, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by Harvest Media.
2. Harvest Media does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
3. Without prejudice to the conditions set forth in your Use of the Platform, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorised use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third-party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
4. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Harvest Media shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Grant of Licence to Harvest Media
1. By uploading Your Content to the Platform, you initiate an automated process that may transcode, watermark and fingerprint any audio Content and direct Harvest Media to store Your Content on Harvest Media’s servers, from where you may control and authorise the use, ways of reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for Harvest Media to provide you with any of the aforementioned hosting services and generally to undertake any of the tasks set forth in these Terms of Use, including without limitation to facilitate the sharing and exporting of Your Content, distribute advertising or other promotional material on Harvest Media’s Platform and/or to enable your use of the Platform, you hereby grant such licences to Harvest Media on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.
2. By uploading Your Content to the Platform, you also grant a license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or exported using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, adapt, prepare, segment, create derivative works of, compile, make available and otherwise communicate to the public, Your Content utilising the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of Your Content to other users of the Platform, and to users of Linked Services, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trade mark or service mark uploaded by you as part of Your Content (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.
3. The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text within your Account, will (subject to the following paragraph of these Terms) terminate automatically when you remove such Content from your Account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your Account.
4. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trade mark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader.
5. Harvest makes the Catalogue available in order to provide the Services via the Platform, under licence from the owners or controllers of copyright in the Catalogue. The Subscriber’s right (if any) to secure licences for third parties to reproduce, adapt, edit, communicate or synchronise Catalogue material with or without audio-visual material, and to perform, broadcast, communicate or transmit such Catalogue material with audio-visual material, whether or not using the Platform, is contingent on the Subscriber obtaining a valid and substituting licence to do so from the owner or controllers of copyright in the relevant item of Catalogue (for example, in the case of so-called “industry blanket licences”, from Copyright Collecting Societies).
6. The Licences granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licences with respect to audio Content, and any images or text within your Account, will (subject to the following paragraph of these Terms) terminate automatically when you remove such Content from your Account. Licences with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable and will continue notwithstanding any termination of your Account.
7. Removal of audio Content from your Account will result in the deletion of the relevant files from Harvest Media’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content has been duplicated or embedded using the Services to any Linked Services, Harvest Media is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.
Representations and Warranties
You hereby represent and warrant to Harvest Media as follows:
1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use, and (if and where relevant) to authorize Harvest Media to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Platform, any and all Services and any Linked Services.
2. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
4. Your Content, including any comments that you may post, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, child abuse, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
5. Your Content does not and will not create any liability on the part of Harvest Media, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Harvest Media reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
Liability for Content
1. You hereby acknowledge and agree that Harvest Media (i) stores Content and other information at the direction, request and with the authorisation of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Harvest Media excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
2. Once your Account has been terminated, any and all Content residing in your Account, or pertaining to activity from your Account (for example, analytical data relating to your activity on the Platform), will be irretrievably deleted by Harvest, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests.
3. You are strongly advised to maintain backups of any Content uploaded to your Account. Harvest Media assumes no liability for any Content that is irretrievably deleted including without limitation following any suspension or termination of your Account. Any data or analytics reports available via your Account page on the Platform are only accessible if your Account is active.
4. You hereby acknowledge and agree that Harvest Media cannot and does not review the Content created or uploaded by its users, and neither Harvest Media nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.
5. Harvest Media and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Harvest Media or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Third Party Websites and Services
1. Harvest Media will provide you with access to online documentation and support through an online
2. help system. The Platform may also provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”). Harvest Media does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Harvest Media does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
3. External Services may have their own terms of use and/or privacy policy and may have different practices and requirements to those operated by Harvest Media with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk.
4. Full use of the Platform is dependent upon Internet access. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
5. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
6. Harvest Media disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Harvest Media with respect to the content or operation of any External Services.
Blocking and Removal of Content
Notwithstanding the fact that Harvest Media has no legal obligation to monitor the Content on the Platform, Harvest Media reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, or applicable law, or is otherwise unacceptable to Harvest Media. Harvest Media will suspend or terminate your access to the Platform if Harvest Media determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use.
Disclaimer
1. The Platform, including, without limitation, the website, the apps, the API and all content and services accessed through or via the website, the apps, the API, the services or otherwise, are provided “as is”, “as available”, and “with all faults”.
2. Whilst Harvest Media uses reasonable endeavours to correct any errors or omissions in the Platform as soon as practicable once they have been brought to Harvest Media’s attention, Harvest Media makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the website, the apps, the services or any part or parts thereof, any content, or any Linked Services or other external services. Harvest Media does not warrant that your use of the Platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the platform or any part or parts thereof, the content, or the servers on which the platform operates are or will be free of viruses or other harmful components. Harvest Media does not warrant that any transmission of content uploaded to the platform will be secure or that any elements of the platform designed to prevent unauthorized access, sharing or download of content will be effective in any and all cases, and does not warrant that your use of the platform is lawful in any particular jurisdiction.
3. Harvest Media and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose.
4. Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.
Limitation of Liability
1. Harvest Media and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for any loss or damage arising from:
  1. your inability to access or use the Platform or any part or parts thereof, or to access any content or any external services via the Platform;
  2. any changes that Harvest Media may make to the Platform or any part thereof, or any temporary or permanent suspension or cessation of access to the Platform or any content in or from any or all territories;
  3. any action taken against you by third party rightsholders with respect to any alleged infringement of such third party’s rights relating to Your Content or your use of the Platform, or any action taken as part of an investigation by Harvest Media or any relevant law enforcement authority regarding your use of the Platform;
  4. any errors or omissions in the Platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;
  5. your failure to provide Harvest Media with accurate or complete information, or your failure to keep your username or password suitably confidential;
  6. any misconduct by other users or third parties using the Platform, especially in breach of the Agreement;
  7. a breach by You of this Agreement;
  8. any loss or damage to any computer hardware or software, any loss of data (including Your Content), or any loss or damage from any security breach;
  9. any loss of profits, or any loss you suffer which is not a foreseeable consequence of Harvest Media breaching these terms of use. For the avoidance of doubt, losses are foreseeable where they could be contemplated by you and Harvest Media at the time you agree to these terms of use, and therefore does not include any indirect or consequential loss, or loss of opportunity.
2. Any claim or cause of action arising out of or related to your use of the Platform must be notified to Harvest Media as soon as possible.
3. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, you acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between you and Harvest Media and are fundamental elements of the bargain between you and Harvest Media, and that Harvest Media’s liability will be limited to the maximum extent permitted by law.
4. Harvest Media shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement.
5. Notwithstanding the previous clause, Harvest Media’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total Fees paid by you respect of your subscription during the one month immediately preceding the date on which the claim arose.
Indemnification
You hereby agree to fully indemnify, defend and hold harmless Harvest Media, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
1. your use and access of the Platform;
2. any violation by you of these Terms of Use;
3. any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
4. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Harvest Media;
5. any claim by any third party that use of any copyright works or material via the Platform infringes any intellectual property rights of any third party or is otherwise illegal, or that providing the Platform, Harvest Media has contributed to, or authorised, any of the infringement or illegal conduct; and
6. Without limiting the foregoing, you undertake to indemnify Harvest Media against any and all liability, loss, claims, demands or expenses which Harvest Media may at any time incur arising from a breach of this Agreement.
Proprietary / Intellectual Property Rights
1. For the purpose of this section the following definitions apply:
  1. Materials means, separately and together the Documentation together with any and all related material, alterations, modifications and variations made to any or in any of the aforesaid.
  2. Documentation means any manuals, user instructions, online support documentation and/or literature supplied to you in order to aid the use of the Platform.
2. Harvest Media and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service, including but not limited to all trade names, trademarks, software, design, text, data, icons, logos, copyright, designs, concepts, sound recordings, graphics and service marks associated or displayed in or by the Platform (together the “Intellectual Property”). You will not remove, deface or obscure any of Harvest Media or its suppliers’ Intellectual Property and/or legends or other proprietary notices on, incorporated therein, or associated with the Platform. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service or processes contained within the Platform.
3. Harvest Media retains all right, title and interest in the Services and Materials, and all related content and Intellectual Property, and nothing you do on or in relation to the Website or Platform or any of the related content will transfer any rights, in Intellectual Property or otherwise, to you, or licence to you any such rights unless expressly stated otherwise.
4. You must notify Harvest Media immediately if you become aware of any unauthorised use of the whole or part of the Materials or Platform.
5. Any distribution, reprint or electronic reproduction of any content or Materials from Harvest Media in whole or in part for any other purpose other than as set out in this Agreement is expressly prohibited without Harvest Media’s prior written consent.
Data Protection, Privacy and Cookies
1. Please review Harvest Media’s Privacy Policy for information on how we collect, use, disclose and store data relating to the use and performance of the Platform, as well as our responsibilities and your rights in relation to any processing of your personal data. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the Services we offer. Harvest Media’s use of cookies, and how to disable cookies, is explained in Harvest Media’s Cookies Policy and on the last page of this Terms of Use. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy and Harvest Media’s Cookies Policy.
2. If you are subject to the territorial scope of the Data Protection Laws (as defined in the Data Processing Agreement), or any successor legislation, you can access our Data Processing Addendum here which is incorporated into and forms part of these Terms.
Internet Access
You acknowledge and agree that in connection with your use of the Platform, you must: (a) provide for your own access to the internet and pay any service fees (if any) associated with such access; and (b) provide all equipment necessary for you to make such connection to the internet, including, if applicable, a computer, software, a modem and a working telephone line. Harvest Media shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Platform.
Security
Harvest Media uses current industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide to us and to prevent against its loss or misuse. Although no data transmission over the Internet can be guaranteed to be 100% secure, and although Harvest Media will exercise great care to provide a secure transmission, Harvest Media does not guarantee that the personal information you submit to Harvest Media will be free from unauthorised third-party intrusion. You therefore understand and agree that all information You submit to Harvest Media or post via the Platform is done so at your own risk.
Changes to the Platform and Accounts
1. Harvest Media reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Harvest Media shall use its reasonable endeavours to notify registered users of such decision in advance.
2. You hereby agree that Harvest Media and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Platform or any Services that Harvest Media may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Platform, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
3. Harvest Media may change the features of any type of account (including but not limited to any updates to the Platform and/or Materials), may withdraw, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its subscriptions from time to time. In the event of any increase in the price or material reduction in the features of any subscription which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where Harvest Media proposes to make changes to any type of subscription you have purchased, and these changes are material and to your disadvantage, Harvest Media will notify you of the proposed changes by sending a message to your current email address that we have for your account, at least 30 days in advance. You will have no obligation to continue using the Platform following the date being 30 days from any such notification, but if you do not terminate your account as described in the Termination section below during such 30-day period, your continued use of your account after the end of that 30 day period will constitute your acceptance of the changes to your Subscription.
Pricing
1. By using and registering to use the Platform, you agree to pay the fees (“Fees”) in accordance with the current Harvest Media Rate Card, available from Harvest Media, unless negotiated otherwise via separate agreement. Such fees may be amended from time to time at Harvest Media’s sole discretion.
2. Fees are quoted in Australian dollars unless otherwise stated.
3. Fees will be invoiced monthly unless otherwise agreed by Harvest Media.
4. You acknowledge that Harvest Media may terminate this Agreement or remove all access to the Platform, at any time if you fail to pay the Fees within 45 days of the due date.
Copyright
1. All music compositions and recordings, separately and together in the production music, sound recordings, musical works and any lyrics embodied on them, and relevant metadata that are cached, archived or reproduced under licence from the relevant owners or controllers of the copyright that is stored in the database of Harvest Media and accessed via the Platform (“Catalogues”) are protected by the Copyright Act 1968 (Cth) (as amended) (“Copyright Law”)
2. Harvest Media makes the Catalogues available via the Platform, under licence from the owners or controllers of copyright in the Catalogues, subject to the terms of this Agreement. Your right (if any) to secure licences for third parties to reproduce, adapt, edit, communicate or synchronise Catalogues, whether or not using the Services, is contingent on You obtaining a valid and substituting licence to do so from the owner or controllers of copyright in the relevant Catalogues.
3. Written permission (licence) for any use must be obtained from the owner, music representative, rights owners or rights administrator. Unauthorized use of the Catalogues in any form constitutes a violation of the Copyright Law, which provides for certain penalties.
4. A valid licence with the owner, music representative, rights owners or rights administrator should grant you the right to both the recording (master) and the composition (musical copyright) more commonly referred to as the synchronization right. Synchronization is the right to affix music with visual images or other audio signals and to mechanically reproduce the copyrighted music in soundtracks and copies of soundtracks. Payment for a synchronization licence need be made only once. However, additional synchronization licensing becomes necessary if the original production is changed, revised or dubbed in foreign languages.
5. Performing rights licences are usually the responsibility of the user. In the case of broadcast, (radio, TV, cable, satellite, etc.) it is the responsibility of the broadcaster. Harvest Media herein expressly states that it does not maintain, nor is it expected to maintain, a public performance licence with any of the end-user broadcaster or transmitters of the content or material conveyed in this Agreement. A licence must be obtained from the authorized performance rights society in your territory (if applicable) or from the agent for that music or recording.
Failure to Comply with Terms of Use and Termination
1. You acknowledge and agree that we may deny you access to all or part of the Platform without prior notice if you engage in any conduct or activities that we, in Harvest Media’s sole discretion, believe violate any of these Terms of Use, violate the rights of Harvest Media or are otherwise inappropriate for continued access.
2. You agree to defend, indemnify and hold Harvest Media, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Platform or the placement or transmission of any message, information, software or other materials on or through the Platform by you.
Termination
1. If your Fee payment is overdue, Harvest Media will disable your access to the features provided. Harvest Media may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your Account will be disabled, and you may not be granted access to Your Account or any files or other Content (including Your Content) contained in Your Account, and Harvest Media will delete Your Content, although residual copies of information may remain in Harvest Media’s system for some time for back-up purposes. In the event of termination, Harvest Media may also withdraw and at its discretion reallocate the public web address of Your Account.
2. If You terminate Your Account, you must provide at least 30 days’ written notice to Harvest Media by electronic mail using the details in the Disclosures section below. If you request that Harvest Media delete Your Content and files contained in Your Account, Harvest Media will make all reasonable efforts to do so.
3. Upon termination of Your Account, you must immediately cease using the Platform and Materials and must immediately uninstall, delete and/or destroy any digital copies of Harvest Media’s Materials. For the sake of clarity upon termination, you are not permitted to reproduce, copy, retain or deal with any of Harvest Media’s Materials or Services.
Assignment to Third Parties
Harvest Media may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Harvest Media. You may not assign any benefit of this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Harvest Media.
Third Party Rights
These Terms of Use are not intended to give rights to anyone except you, Harvest Media and Harvest Media’s successors, assigns, affiliates, agents, directors, officers, employees and shareholders. This does not affect Harvest Media’s right to transfer its rights or obligations to a third party.
Severability
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy, Cookies Policy, and where applicable the Data Processing Agreement, constitutes the entire agreement between you and Harvest Media with respect to your use of the Platform and supersedes any prior agreement between you and Harvest Media. Harvest Media may amend or vary these Terms of Use and/or the Privacy Policy at any time. You must ensure that you check these Terms of Use, Privacy Policy and Cookies Policy regularly for an updates or amendments.
Disclosures
The services hereunder are offered by Harvest Media Services Pty Ltd, a company incorporated under the laws of Australia and with its main place of business at Suite 203, 8 Hill St, Surry Hills NSW 2010, Australia. More information about Harvest Media is available here. You may contact us by sending correspondence to the foregoing address or by emailing us at info@harvestmedia.net.
Applicable Law/Jurisdiction
1. You agree that the laws of the state of New South Wales, Australia, shall govern these Terms of Use. Please note that your use of the Platform may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Harvest Media or relating in any way to your use of the Platform resides in the courts of New South Wales, in connection with any such dispute and including any claim involving Harvest Media or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
2. We control and operate the Platform from Harvest Media’s offices in Australia. We do not represent that materials on the Platform are appropriate or available for use in other locations. Persons who choose to access the Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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