legal

Platform means Foam, operated by Song Athletics Ltd, Unit 208 Leroy House, 436 Essex Road, London N1 3QP, United Kingdom.

Creator means any user who uploads Content to the Platform.

Content means any sample pack, loop, one-shot, stem, MIDI file, preset, recording or other material made available through the Platform.

User means any person accessing or using the Platform.

Musical Work means a new original musical composition, production, soundtrack, audiovisual work, game, podcast or similar creative work incorporating Content.

Subject to your compliance with this Agreement, the Platform grants you a non-exclusive, worldwide, non-transferable, revocable licence to download and use Content solely for the purpose of creating new original Musical Works. This licence is granted for both commercial and non-commercial use. No ownership rights in any Content are transferred to you.

All intellectual property rights in Content remain the property of the applicable Creator. Downloading Content grants only the licence described in this Agreement. Nothing in this Agreement transfers copyright, neighbouring rights or ownership of any Content to you.

You may:

• use Content within original musical compositions;
• modify, edit, chop, process or manipulate Content as part of creating new Musical Works;
• commercially release Musical Works incorporating Content;
• synchronise Musical Works incorporating Content with film, television, games, advertising, social media and other audiovisual projects;
• perform, broadcast, stream and distribute Musical Works incorporating Content.

You may monetise any Musical Work created in accordance with this Agreement.

Except where expressly permitted by this Agreement, you may not:

Content must form part of a new original creative work. Content may not be commercially exploited as a substitute for the original recordings. Whether a Musical Work is sufficiently original will depend on the overall context, but the primary creative value of the released work must arise from the User's own musical contribution rather than the original Content alone.

All licences granted under this Agreement are non-exclusive. The same Content may be licensed to any number of Users. Creators may continue to exploit, license or distribute their own Content elsewhere unless separately agreed with the Platform.

Users are solely responsible for ensuring their use complies with this Agreement; obtaining any additional permissions required for their projects; and complying with applicable copyright, trademark and publicity laws. Users remain responsible for all works they create using the Platform.

If you receive a copyright claim relating to a Musical Work created using licensed Content, you must promptly notify the Platform. The Platform reserves the right to investigate any suspected misuse of Content.

Creators retain ownership of their Content. By uploading Content, Creators grant the Platform the rights necessary to host, display, reproduce, distribute and license the Content to Users under this Agreement. Nothing in this Agreement transfers ownership of Creator Content to the Platform.

The Platform may suspend or terminate your account at any time where it reasonably believes you have breached this Agreement. Termination does not affect rights already granted in relation to Musical Works lawfully created before termination. However, no further downloads or licences may be obtained following termination.

The Platform does not guarantee that any Content will remain available indefinitely. Content may be removed or replaced at any time. Removal of Content does not invalidate licences already granted for lawful prior downloads.

The Platform provides the Platform and all Content on an "as is" and "as available" basis. To the fullest extent permitted by law, the Platform disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free operation.

To the fullest extent permitted by applicable law, the Platform shall not be liable for any indirect, incidental, consequential, exemplary or special damages arising out of your use of the Platform or any Content. The Platform's total aggregate liability arising under or in connection with this Agreement shall not exceed the greater of £100 or the total amount paid by you to the Platform during the previous twelve (12) months.

You agree to indemnify and hold harmless Song Athletics Ltd, its directors, officers, employees, contractors and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from your misuse of the Platform; your breach of this Agreement; your infringement of any third-party rights; or your unlawful use of any Content.

The Platform may amend this Agreement from time to time. Where changes are material, we will take reasonable steps to notify Users. Your continued use of the Platform after the revised Agreement becomes effective constitutes acceptance of the updated Agreement.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.

This Agreement constitutes the entire agreement between the Platform and the User regarding the use of the Platform and supersedes all prior agreements relating to its subject matter. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

See details below.