1. Acceptance and Contracting Party
These Terms govern access to and use of wavshare.com and its related services (the "Service"). The contracting service provider is Wavshare LLC, a Delaware limited liability company, doing business as Wavshare ("Wavshare," "we," "us," or "our"). "You" means the person accepting these Terms and, where that person acts with authority for an entity, that entity. If you lack that authority, you must not purport to bind the entity or its rights holders.
You accept these Terms by taking an action clearly identified as agreement to the Terms, such as creating an account after being presented with or clearly directed to them. If you do not agree, do not register or use features requiring acceptance.
An additional upload, collaborator, sample-license, clearance, or payment agreement applies only when it is presented to and accepted by the relevant parties. For an actual conflict concerning a particular Sample or use, an expressly agreed written clearance agreement controls that use, followed by the accepted Sample License Agreement, an applicable accepted creator or collaborator agreement, and these Terms. An additional agreement changes only the matters it expressly addresses and cannot bind a rights holder who has not agreed or authorized an agent to agree. Mandatory law controls in all cases.
Our Privacy Policy explains personal-data processing; it is not a blanket consent to every processing activity. Changes to these Terms and the treatment of earlier agreements are addressed in Section 26.
2. Description of Service and Available Features
Wavshare is a social audio platform for uploading, discovering, streaming, and downloading samples, organizing packs, and interacting through comments, likes, and follows. Available licensing features include rights profiles, sample ownership information, recorded sample-license acceptance, gated original-file downloads, and a Major Placement clearance request process.
Submitting a clearance request is an inquiry, not clearance. Clearance correspondence and negotiations currently take place outside the requester interface, including by email, and Wavshare records the outcome. Automated collaborator approval, payment onboarding, tax onboarding, and creator payouts are not currently offered as completed self-service workflows. A reference in these Terms to those activities does not promise that a feature is available; any manual arrangement must be separately documented.
Wavshare does not guarantee downloads, placements, earnings, clearance, or acceptance by a label, publisher, distributor, supervisor, platform, or collecting society. Hosting a Sample, accepting a rights profile, or issuing an administrative record does not independently verify ownership or clear rights that the relevant parties do not control.
3. Eligibility and Authority
You must be at least 13 years old and meet any higher minimum age required by applicable law to use the Service. A user below the age of majority may use browsing and social features only with a parent or legal guardian’s permission and supervision to the extent required by law.
To upload or publish Samples, accept a Sample License Agreement, approve ownership splits, enter a clearance agreement, or receive a payment, you must be at least 18 and have reached the age of legal majority where you live. A general statement that a parent has given permission does not authorize a minor to enter these rights-bearing transactions. No online guardian-consent exception is currently offered.
An authorized adult acting for a company or another rights holder must have actual authority covering the rights and obligations involved. An adult account must not be used to bypass these requirements or misrepresent a minor’s identity or ownership. We may request reasonably necessary eligibility or authority information before enabling a restricted transaction.
4. Account Responsibilities
To access certain features, you must create an account. You are responsible for:
- Providing accurate and complete registration information
- Maintaining the security of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.
5. Electronic Agreements and Records
Where permitted by law, agreements and notices may be delivered electronically. Checking an acceptance box, typing a signature, or taking another affirmative action identified as assent may evidence agreement to the terms presented for that transaction. Uploading, downloading, or submitting a request does not by itself establish acceptance of undisclosed terms or a final clearance deal.
We may retain records of the accepted document and version, relevant account or submitter, Sample, timestamp, IP address, user agent, and related transaction information, subject to the Privacy Policy and applicable law. You should retain a copy of each agreement, clearance, and license receipt and keep your contact information current.
For an agreement reached outside the Service, including by email or a separately signed document, the parties must establish assent to the identified final terms. An internal administrative note or status change records an asserted outcome; it does not replace missing rights-holder authority or the parties’ actual agreement. Nothing in these Terms waives a nonwaivable right concerning electronic disclosures or signatures.
6. User Content and Authorization to License Samples
6.1 Ownership. You retain the rights you own in your audio, comments, artwork, and other submissions ("User Content"). You do not obtain rights in third-party material merely by uploading, modifying, or identifying it. The Service and its branding remain the property of Wavshare or its licensors.
6.2 Service operation. You grant Wavshare a worldwide, nonexclusive license to host, store, reproduce, technically adapt, display, and stream your User Content to operate the Service, subject to the visibility settings and permissions applicable to that content. Wavshare may authorize hosting and other service providers to perform those functions on its behalf. For content you make public, the grant also permits displaying that content and your public creator attribution to promote the Service, without suggesting a personal endorsement or disclosing restricted content. No separate payment is due for these operational uses.
6.3 Sample licensing authority. By publishing a Sample for licensed download after accepting the applicable creator terms, you grant Wavshare, solely to the extent of rights you own or are authorized to license, a worldwide, nonexclusive right to offer and grant the nonexclusive Sample licenses described in Section 12 and the identified Sample License Agreement. This includes authorizing licensees to reproduce, edit, adapt, synchronize, distribute, and make available the Sample as incorporated into permitted new works. This authority covers both the sound recording and any underlying composition only to the extent controlled and properly authorized. It does not transfer copyright ownership, appoint Wavshare as publisher or exclusive administrator, or authorize an undisclosed change to your economic terms.
6.4 Limits of authority. You must have the necessary authority from each relevant co-owner, publisher, label, employer, performer, or other rights holder before offering their rights. A listed participant, an upload checkbox, silence, or a pending invitation is not that person’s approval. A Major Placement requires the specific clearance and rights-holder approvals described below; Wavshare cannot accept an allocation, assignment, or deal on a rights holder’s behalf without the necessary authorization.
6.5 Removal. Removing content ends prospective offers of new licenses through that listing once removal takes effect. Operational copies may remain as reasonably necessary for backups, security, disputes, legal duties, or documenting surviving licenses. Wavshare will cease new promotional uses of removed content within a reasonable period, subject to materials already distributed. Earlier valid licenses and obligations are addressed in Section 18. Nothing here authorizes AI training on User Content.
7. Key Sample Licensing Definitions
A "Sample" means audio content uploaded to Wavshare and made available for discovery, playback, download, license, or clearance, including the sound recording and, to the extent controlled by the uploader or collaborators, any underlying musical work embodied in that audio.
"Sample-Side Economics" means only the portion of master rights, publishing rights, royalties, advances, license fees, sync fees, producer fees, royalty points, neighboring-rights income, or other consideration allocated to a Wavshare Sample in connection with a use, release, license, or placement. Sample-Side Economics do not mean the entire new song, recording, audiovisual work, or project unless expressly agreed in writing.
The "Creator Pool" means the portion of Sample-Side Economics payable to the sample creator and approved collaborators after Wavshare's share is applied. The Creator Pool is divided according to the approved master and publishing ownership splits for the applicable Sample.
A "Major Placement" means a use of a Wavshare Sample that meets the criteria in Section 13 below.
8. Rights Profiles and Sample Publishing
Before publishing a Sample or making it downloadable, a creator must complete a Wavshare Rights Profile with accurate rights, identity, and contact information. This may include legal name, artist or producer name, email, PRO affiliation, writer IPI/CAE number, publisher name, publisher IPI number, publishing administrator, master owner, payment information, and tax information.
You agree to keep your Rights Profile current. If your publisher, administrator, label, master owner, PRO affiliation, payment details, tax status, collaborator relationship, or authority to license a Sample changes, you must update your information and notify Wavshare promptly before offering new rights or agreeing to a further clearance or payment arrangement affected by that change.
Wavshare may block, remove, suspend, or mark as unavailable any Sample with incomplete, inaccurate, disputed, or unverifiable rights information.
9. Creator Upload Warranties
By uploading or publishing a Sample, you represent and warrant that:
- You own or control all rights necessary to upload, publish, license, and clear the Sample through Wavshare
- You have accurately identified all writers, producers, publishers, administrators, master owners, collaborators, and other rights holders
- You have obtained all permissions needed from collaborators, publishers, labels, administrators, employers, clients, session performers, or other third parties
- The Sample does not contain uncleared samples, copyrighted material, vocals, performances, loops, stems, presets, AI outputs, or third-party content that you are not authorized to license
- Your Sample and rights data do not violate any contract, publishing agreement, administration agreement, label agreement, work-for-hire agreement, union agreement, court order, or law
- You will not upload public-domain, royalty-free, stock, or third-party library material in a way that misrepresents ownership or creates false royalty claims
If a claim arises from your Sample, rights data, collaborator information, or breach of these warranties, you are responsible for the resulting losses, claims, fees, payouts, reversals, disputes, and expenses as provided in these Terms.
10. Collaborators and Co-Owners
Identify all contributors and rights holders accurately. Master and publishing percentages are separate allocations within the Creator Pool; each applicable allocation must total 100%. An approved master-only category may omit a separate composition allocation only where supported by the actual rights and Section 15.
The uploader is responsible for obtaining documented authority from all parties whose rights are offered. Where a separate approval is required, the Sample must not be treated as approved merely because a participant is listed or has not objected. Wavshare may hold publication, downloads, or clearance until the required approvals and ownership information are available. Automated collaborator approval is not currently provided as a completed self-service workflow.
An approval must identify the Sample, rights, splits, agreement version, and approving party. Wavshare’s economic participation is separate from Creator Pool ownership percentages. No person may assign, reduce, or otherwise bind another person’s share without authority.
11. Publishing and Master Participation
For a qualifying Major Placement, the agreed Sample-Side Economics are allocated 50% to Wavshare and 50% to the Creator Pool, unless the affected parties expressly agree otherwise in writing. This allocation applies to the consideration attributable to the Sample, not automatically to 50% of the entire new song or recording. A change affecting a creator’s or other rights holder’s allocation requires that party’s agreement or an authorized representative’s agreement.
This default is a contractual allocation of economics. It does not by itself transfer copyright ownership, assign a writer’s share, create a work made for hire, or appoint Wavshare or an affiliate as publisher, exclusive administrator, or collection agent. Any publishing assignment or administration appointment requires a separate express agreement signed by the affected rights holder or duly authorized agent, identifying the rights, term, territory, scope, compensation, collection authority, and termination provisions. Wavshare will not claim writer credit without an actual authorship contribution.
Master-side participation is likewise a contractual share of the agreed Sample-Side royalties, fees, points, or other consideration. No ownership in the new master transfers automatically. Neighboring-rights, statutory collections, writer-share payments, and society-specific payment directions are included only where legally permitted and expressly addressed in the applicable agreement.
The final clearance must state the relevant royalty or fee bases, allocations, permitted deductions, any recoupment treatment, reporting and payment arrangements, and responsible payors. Avoid double counting the same receipt. For illustration only, a 20% publishing allocation to the Sample produces an economic allocation of 10% to Wavshare and 10% to the Creator Pool under the default split; it does not alone establish ownership or a collecting society’s registration treatment. Parties must execute the documents reasonably needed to implement the deal they actually agreed, but no party promises to compel an unauthorized third party to sign.
12. Downloads and Sample License
Original Sample files are available only through an authorized download after acceptance of the applicable Sample License Agreement. Authorized streaming previews do not require acceptance of a download license and do not authorize ripping or exporting the preview. Pack downloads remain subject to the applicable license for each included Sample.
Subject to the accepted license, the rights actually authorized, and any disclosed Sample-specific restrictions, the license permits worldwide, nonexclusive incorporation of the Sample into new audio or audiovisual works, including editing and adaptation. Ordinary non-Major Placement releases may be commercially distributed without a separate upfront clearance or the Major Placement participation becoming payable solely because of that ordinary use, unless expressly disclosed and agreed otherwise. This is not an exclusive or unrestricted royalty-free license.
The license is personal to the accepting licensee and does not permit transferring or sublicensing the raw Sample as a product or granting independent rights to it. The licensee may authorize collaborators, artists, labels, distributors, and other service providers to handle the Sample only as necessary to create, exploit, or administer that licensee’s permitted new work, with no independent Sample reuse rights and subject to the applicable restrictions. A transfer of the license itself or a broader grant requires written permission. Major Placement use requires separate clearance before exploitation, subject to Section 14’s treatment of later-arising triggers.
You must not redistribute or sell the Sample as a standalone file, stem, loop, preset, sound library, or sample pack; claim exclusive ownership of the Sample; assert content-identification or takedown claims against lawful uses of the shared Sample by other licensees; use the Sample to train AI models or build training datasets without express written permission from the necessary rights holders; or use it unlawfully or in violation of another person’s rights. Distribution of a completed permitted work is distinct from redistribution of an extractable Sample asset.
Samples are shared nonexclusively. Protecting your original contributions does not permit claiming the shared Sample as exclusively yours. Any fingerprinting of your finished work must respect other lawful uses of that Sample. Licenses have no fixed expiry unless the accepted agreement specifies one; their continuation remains subject to the agreement’s conditions, remedies for breach, and applicable law. Existing licenses are not revoked merely by account or listing deletion. No license clears third-party rights that were never authorized.
The full license version, relevant terms, and any Sample-specific restrictions should be available before acceptance. The accepted version governs the licensed rights and economics; later website edits alone do not rewrite an earlier agreement. License records do not guarantee continued hosting, redownload availability, or that a Sample is free of ownership disputes.
13. Major Placement Triggers
A work containing or derived from a Sample is a Major Placement if any one of the following applies. The triggers are alternatives; they do not all have to be satisfied. Dollar amounts are in U.S. dollars, or the equivalent value where consideration is payable in another currency.
13.1 Commercial release. The work is released by or through a major label, its affiliate, a major publisher or distributor, or a comparable commercial entity.
13.2 Media placement. The work is used in film, television, advertising, trailers, games, branded content, paid synchronization media, or comparable media. Payment is not required for this trigger where the use otherwise falls within this category.
13.3 Established commercial party. The work is used by a commercially established artist, producer, label, publisher, brand, studio, agency, or supervisor. An artist need not be signed to a label for this trigger to apply.
13.4 Deal consideration. An advance, fee, license payment, synchronization fee, production fee, or similar consideration of at least $5,000 is connected to the work or placement. Related payments for the same deal are considered together; unrelated projects are not combined merely because they involve the same user.
13.5 Revenue. The work generates at least $10,000 in lifetime gross revenue or royalties. The actual threshold is a trigger; a projection alone is a reason to request clearance early, not a separate royalty charge or a finding that the threshold has been reached. The final clearance should specify attribution and avoid counting the same revenue twice.
13.6 Required rights confirmation. A third-party deal requires formal sample clearance or rights confirmation.
The clearance form is an intake aid, not a waiver or individualized determination. If a category is unclear, request guidance before committing to the use. Terms such as "major distributor," "comparable commercial entity," and "commercially established" require context; use of an ordinary self-service distribution platform alone does not automatically make an otherwise independent release a Major Placement. We will explain the applicable trigger when requesting clearance and will not create a retroactive trigger solely by editing this page.
14. Major Placement Clearance and Later-Arising Triggers
Before knowingly releasing, licensing, delivering, or otherwise exploiting a Major Placement, submit an accurate clearance request and obtain written clearance from the necessary authorized parties. Provide the work, Sample, artist, relevant commercial parties, intended uses, release dates, identifiers if available, proposed master and publishing allocations, consideration, and appropriate contacts. A submission, receipt, preliminary estimate, or internal status is not permission to proceed.
Clearance must identify the approved use, rights, term, territory, consideration, Sample-Side Economics, ownership or administration appointments if any, reporting and payment responsibilities, and any other conditions. Unless the affected parties agree otherwise in writing, the agreed Sample-Side Economics are divided 50% to Wavshare and 50% to the Creator Pool, which is then divided using the approved applicable splits.
If a properly licensed non-Major Placement later crosses a revenue threshold or otherwise becomes a Major Placement, notify Wavshare promptly after you know, or reasonably should know, of the trigger and begin clearance without undue delay. Preserve accurate records and do not enter new Major Placement commitments or expand the use pending clearance. If a trigger is reasonably expected, request clearance in advance. The earlier permitted release is not retroactively unauthorized solely because of the later trigger, but the parties must address continued exploitation and the applicable economics in the written clearance. Until resolved, follow any valid rights-based restriction or lawful notice; these Terms do not supply an automatic clearance or an indefinite grace period.
Failure to disclose or clear a required use may constitute a license breach. Recoverable amounts and remedies remain subject to the applicable agreement and law. A failure does not give Wavshare unilateral authority to invent a Sample allocation, collect twice for the same loss, or impose an undisclosed penalty. Document any ongoing-use arrangement while the parties resolve the issue.
15. Sample Categories and Master-Only Uses
Wavshare may classify Samples by rights category. Musical loops, melodies, chord progressions, riffs, vocals, and other composition-bearing material generally require both master and publishing rights data.
One-shot drum hits, Foley, field recordings, textures, risers, impacts, and certain sound-design effects may be eligible for a master-only designation if Wavshare approves that designation. You may not use a master-only designation to avoid publishing obligations for music, melodies, lyrics, vocals, or other composition-bearing material.
16. Rights Disputes and Temporary Restrictions
When a credible ownership, licensing, collaborator, payment, or legal concern arises, Wavshare may reasonably restrict the affected Sample, downloads, clearance activity, or disputed funds while reviewing it. Restrictions should relate to the concern; a report or competing claim is not by itself a final ownership determination. We may seek information from affected parties, give an explanation where appropriate and lawful, and correct restrictions when the basis is resolved.
We may request reasonably necessary supporting documents for an ordinary contractual rights dispute, clearance, or payment review. Copyright notices and counter-notifications under the DMCA follow Section 20 and the DMCA Policy. This general review provision does not impose an extra "absolute proof" requirement on a statutory notice or override the applicable counter-notification and restoration process. A separate, independently justified restriction must be identified and handled under its applicable basis.
17. Payments Taxes and Accounting
The Service does not currently provide an automated payout or tax-onboarding system. Where a clearance or other accepted agreement creates payment obligations, that agreement must identify the payor and payee, currency, payment dates, statements, permitted deductions or recoupment, and any audit rights. Merely maintaining an account does not promise earnings or a payout schedule.
We or the responsible payor may request legally necessary payment and tax information before payment, including applicable W-9 or W-8 forms through an appropriate secure process. Each party remains responsible for its taxes, subject to required withholding and reporting. No withholding, reversal, or deduction may exceed what the agreement or law permits.
A reasonable hold may apply to the disputed portion of a payment while a genuine rights or payment dispute is investigated. Give the affected payee available information about the basis and release amounts when the basis no longer applies; undisputed amounts remain subject to the agreed payment terms. Unclaimed funds and legally required interest are handled under applicable law. No undisclosed administrative charge, indefinite discretionary payment schedule, or new audit entitlement is created by these Terms.
18. Removal Deactivation and Surviving Licenses
You may remove your own content using available controls and deactivate your account in account settings. Deactivation marks the account inactive and signs you out; it is not confirmation of permanent erasure of all content, credentials, or legal records. For permanent account or personal-data deletion, submit a request through the support form. We may verify identity and process the request subject to applicable privacy rights and retention exceptions; we do not promise automatic permanent deletion after a fixed deactivation period.
Removing a listing, deleting content or an account, or terminating platform access does not by itself cancel a valid license already granted, an approved clearance, or an accrued reporting or payment obligation. License continuation remains subject to the accepted agreement, its breach provisions, third-party rights, and nonwaivable legal rights. No deleted or disputed listing guarantees future downloads or continued hosting.
We may retain information reasonably necessary to document licenses, ownership, approvals, disputes, payments, fraud prevention, tax duties, or other legal obligations, as described in the Privacy Policy. Retention is limited to its purpose and lawful duration. Deleted material is not authorized for new licensing offers solely because a record of it must be retained.
19. Acceptable Use
You agree not to:
- Upload content that infringes copyright, trademark, or other intellectual property rights
- Share content that is defamatory, obscene, hateful, or promotes violence
- Impersonate others or misrepresent your affiliation with any person or entity
- Use automated systems, bots, or scripts to access the Service without permission
- Attempt to circumvent security measures or interfere with the Service's operation
- Collect or harvest user data without consent or for unauthorized purposes
- Use the Service for any illegal purpose or to violate any applicable law
20. Copyright Notices Counter-Notifications and Abuse
Copyright infringement notices and counter-notifications may be submitted through our DMCA form or to the designated agent at the public contact details in the DMCA Policy. That policy describes the information, signatures, statements, and statutory process. Using the form is encouraged for completeness; it is not the exclusive means of delivering an otherwise sufficient notice. Registration and publication of the designated agent’s details are separate requirements and are not accomplished by these Terms.
We review submissions and act expeditiously on compliant infringement notices as required for the applicable DMCA process. We notify affected uploaders where appropriate. A report does not automatically establish infringement; shared use of a nonexclusive Sample alone is not proof that another licensee infringed your rights.
For a compliant counter-notification, the DMCA process includes forwarding it to the original claimant and restoring access no fewer than 10 and no more than 14 business days after receipt unless we first receive notice that the claimant has filed a court action seeking to restrain the allegedly infringing activity. The applicable statutory requirements control. We may share notice and counter-notification contents, including relevant contact information, with affected parties as reasonably necessary to administer this process, as described in the Privacy Policy and form disclosures.
You must consider your actual rights, applicable licenses, and exceptions such as fair use and provide accurate information. Knowingly materially misrepresenting infringement or mistaken removal may create liability under applicable law. Do not use copyright reports to suppress lawful competition, manufacture exclusive rights in shared Samples, or retaliate against another user. We may address established abusive conduct separately from the merits of a copyright claim.
We maintain a policy of terminating repeat infringers in appropriate circumstances. Its reasonable implementation considers substantiated infringement and relevant responses and outcomes; it is not an automatic termination rule based solely on the number of unreviewed reports. Nothing in these Terms purports to adjudicate ownership or replace the statutory rights of claimants or users.
21. Suspension and Termination
We may suspend or terminate access where reasonably necessary to address a material breach, unlawful activity, a security threat, a credible rights concern, legal process, or discontinuation of the Service. Where appropriate and lawful, we will provide notice and an opportunity to respond or correct a remediable problem. Immediate action may be necessary to prevent harm, protect rights, or comply with law. You may seek review through the support form.
You may stop using the Service, deactivate your account, or request deletion as described in Section 18. Ending platform access does not itself rescind previously granted licenses or settled clearance rights. Provisions concerning accrued payments, license conditions and records, surviving rights, disputes, indemnification, and liability continue only to the extent necessary to give effect to the applicable agreement and law.
22. Disclaimers and Reserved Legal Rights
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE OPERATION. A PLATFORM RECORD, RIGHTS PROFILE, OR DOWNLOAD DOES NOT GUARANTEE THE ACCURACY OF AN UPLOADER’S RIGHTS CLAIM.
These qualifications do not override an express promise in a separately accepted agreement or exclude a warranty, remedy, or responsibility that cannot lawfully be excluded. Your mandatory consumer and other statutory rights remain available. A content uploader remains responsible for its own representations and authorized grants.
23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAVSHARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL ARISING FROM THE SERVICE. SUBJECT TO THE EXCEPTIONS BELOW, OUR AGGREGATE LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNTS YOU PAID WAVSHARE FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These exclusions and cap do not limit liability for fraud, willful misconduct, gross negligence to the extent it cannot lawfully be limited, death or personal injury where applicable law prohibits limitation, or any other liability or remedy that cannot lawfully be excluded or capped. They do not reduce payment amounts actually owed to you under a clearance or other accepted payment agreement. A separately negotiated agreement may expressly specify a different allocation for its subject matter.
24. Third-Party Claims and Indemnification
To the extent permitted by law, you will indemnify Wavshare and its affiliates, officers, directors, employees, and agents against third-party claims and resulting reasonable losses, damages, liabilities, and legal costs to the extent caused by your material breach of these Terms, infringement through content or rights you supplied without authority, or your unlawful use of the Service. This includes materially false ownership or authorization statements and unauthorized Sample exploitation. It does not cover a claim to the extent caused by the protected party’s own breach, negligence, or willful misconduct.
The party seeking protection must give reasonably prompt notice, with any delay reducing the obligation only to the extent of actual prejudice, and provide reasonable cooperation at the indemnifying party’s expense. Defense counsel must be reasonably acceptable. No settlement may admit fault for, require a nonmonetary obligation from, or fail to release a protected party without that party’s prior written consent, not unreasonably withheld. A protected party may participate with its own counsel at its own expense, except where a material conflict reasonably requires separate representation. No recovery may duplicate amounts already recovered for the same loss, and mandatory consumer-law limitations continue to apply.
25. Governing Law and Disputes
Subject to rights that cannot be waived, these Terms are governed by California law, excluding its conflict-of-laws rules. Except where mandatory law provides otherwise, disputes concerning these Terms or the Service may be brought in the state or federal courts located in [CALIFORNIA COUNTY AND APPLICABLE FEDERAL DISTRICT TO BE CONFIRMED], and the parties consent to that jurisdiction and venue. This clause does not displace the statutory jurisdiction statements required in a DMCA counter-notification.
A consumer retains any mandatory protections and right to bring proceedings in another forum available under applicable law. These Terms do not impose mandatory arbitration or a class-action waiver. A request for informal assistance through the support form does not waive a claim or require you to miss a legal deadline.
26. Changes Versions and Existing Agreements
We will identify each operative version by an effective date and make the applicable text available for review and retention. Material changes will be communicated through a reasonably prominent Service notice or the email address associated with the account, with advance notice where required by law. Notice will state the effective date and any action needed to accept a change. We will obtain affirmative acceptance where required by law or for a new rights grant rather than treating silence as acceptance.
A revision applies prospectively in accordance with the notice and applicable law. It does not retroactively expand an earlier copyright grant, change an already accepted license’s economics, or replace an executed clearance solely because the website text changed. Existing licenses and clearances remain subject to their accepted terms unless the affected parties validly agree otherwise or law requires another result. Renewed access to an already licensed file should not be represented as retroactive assent to changed historical rights.
The May 26, 2026 terms remain available as a historical version. Keep a copy of the terms and license you accepted, along with any Sample-specific conditions and clearance agreement. A new license must identify its incorporated Terms version rather than relying on an unidentified, changing webpage.
27. Contact and Notices
For questions about these Terms, account or deletion requests, and other support matters, use the support form. For copyright notices and counter-notifications, use the DMCA page and the designated agent’s published contacts. Submit notices to the appropriate channel so they can be reviewed promptly.
The contracting entity’s address for formal notices is [BUSINESS NOTICE ADDRESS TO BE CONFIRMED]. The support form does not replace legally required service of process or the designated agent’s public contact information. Keep a copy of important submissions and any receipt reference.