Terms & Conditions

I. ACCEPTANCE OF TERMS

This website (the “Website”) is owned & operated by Heavy Feather Publishing, LLC dba Founder Music (“Licensor” and “our” and other similar pronouns). Subject to the terms herein, we grant you (“Licensee” and “you” and other similar pronouns) the limited right to access this Website and your use of the Website will constitute your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our Website, you engage our services and agree to be bound by the following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to each and every Licensee of the site.

If you cannot agree to all terms and conditions of these Terms, you may not access the Website, create an account, or use any services provided by us.

II. PROHIBITED USE – ARTIFICIAL INTELLIGENCE (AI) TRAINING AND GENERATIVE MODELS

Founder Music strictly prohibits the use of any musical compositions and sound recordings ("Works") from this Website in any form of artificial intelligence (AI) training, AI generative music models, or other AI learning/training software without explicit written permission from Heavy Feather Publishing, LLC dba Founder Music ("Licensor").

This includes, but is not limited to:

• The use of the Works for developing machine learning algorithms, generative models, or neural networks.
• The incorporation of the Works into AI systems to generate new music or content.
• Any analysis, transformation, or reverse engineering of the Works for the purpose of AI learning or development.

Explanation:

AI training typically involves using large datasets to 'teach' machine learning models to recognize patterns, including how to create or generate music. Such practices often involve analyzing copyrighted materials without proper authorization, leading to copyright infringement. Founder Music's Works are protected by copyright law, and any unauthorized use for AI purposes constitutes a violation of these rights.

Strict Prohibition and Liability:

Unauthorized use of the Works for AI training is punishable under applicable copyright laws, including, but not limited to, the Digital Millennium Copyright Act (DMCA) in the United States. Violators may face civil penalties, legal action, and financial damages. Heavy Feather Publishing, LLC dba Founder Music will actively pursue claims against individuals or entities involved in any unauthorized AI-related activities.

By accepting these Terms, you acknowledge and agree to refrain from using any of the Works for AI training, generative models, or any AI-related activities. Any breach of this clause will result in immediate termination of your license and account, and may expose you to legal liability.

III. SCOPE OF LICENSE(S) - USAGE

Your use of any musical compositions and sound recordings (referred to collectively as the “Works”) available through this Website is subject at all times to these Terms and to the separate terms and conditions agreed to as part of the checkout/purchase process (or any custom licensing agreement we may offer for the Works) (the “License Agreement”). Notwithstanding the foregoing, in the event of any conflict between the License Agreement and these Terms, the terms of the License Agreement will control.

Our License Agreement covers all online licenses available through our Website, including content rights for all permitted uses of the Works. If you need a broadcast, paid-media or other license not available on this Website, please contact us directly to discuss a custom License Agreement.

IV. ACCOUNT TYPES AND PERMISSIONS

a. Default Account
- Users with a default account can preview an unlimited amount of music directly through the Site.
- Preview files will be in lower resolution audio quality.
- Any files downloaded from the Site will have an embedded audio watermark ("Founder Music") to discourage unauthorized use.
- Users with a default account are not authorized to use music from Founder Music without a separate music licensing agreement and fee.
- Fingerprinting technology and digital tracking methods are used to protect the copyright of our material. Notices of infringement may come from a third-party service, not directly from Founder Music.

b. Upgraded Permissions Account
- Upgraded permissions accounts are provided to partners with a blanket licensing agreement established outside of this web service.
- Users with upgraded permissions can download unwatermarked music files, including MP3, AIF, and WAV formats, for final mixing and delivery of top-tier productions.
- Access and use of music files under upgraded permissions are governed by the terms and conditions of the separate blanket licensing agreement.
- Users will have a unique "Reporting Feature" that allows them to report and track the use of music in their media projects, and to store these reports in their accounts indefinitely.

V. LICENSEE – REPRESENTATIONS AND WARRANTIES

You hereby make the following representations, warranties and covenants to us, all of which you acknowledge we are relying upon in order to provide you service:

a. AMENDMENT – You are responsible for reviewing the current version of these Terms periodically on the Website. We may amend these Terms at any time by: (i) posting an updated version of these Terms on our Website, and (ii) sending information regarding such update to the Terms to the email address provided by you to us upon registration for use of the Website. Your continued use of the Website after receipt of notice of such update to these Terms will be deemed acceptance of the amended Terms.

b. PROPER USE – You agree to comply with the terms and conditions of these Terms and with all state, local, national and international laws and regulations, including all laws regarding the transmission of data and information from any country through the Website. You agree you will not use the Website for any illegal purposes, to disrupt the Website, or use the Website and/or its content in a way that violates the privacy, intellectual property rights of any third party.

c. AUTHORITY – You have full power and authority to enter into these Terms and to carry out your obligations contemplated hereby. In the event you are entering into these Terms on another’s behalf, you have full power and authority to do so.

d. COMMUNICATION – You agree that the official time for all transactions using the Website will be the timestamps recorded by the Website’s servers. You also agree that all electronic communications or notices sent to the email address you provide to us when registering with our Website will be considered “in writing” and received within five (5) days of its dissemination to you. We disclaim all responsibility for all failures in communication caused by failures of third parties to properly process or deliver our electronic communications.

VI. LICENSEE AS AGENT

You acknowledge that any and all Works available through this Website are the property of the Licensor and/or its artists. If you are using this Website as the representative or agent of any business, company, or other organizational entity then you agree that such entity likewise agrees to be bound to the License Agreement and these Terms and such entity will be deemed a “Licensee” without regard to the any subsequent changes in the relationship or employment status between any such representative and any such entity.

VII. BREACH BY LICENSEE – TERMINATION

We reserve the right to delete any user account without prior notice if we determine, at our sole discretion, that the user is violating the terms of this Website or infringing on the rights of our copyrighted music. Such termination may occur immediately upon discovery of the violation.

By using this Website, the Licensee acknowledges that any use of any Work following termination of the License Agreement (or use of the Work outside the scope of the License Agreement) is unauthorized and violates the copyright or copyrights held by Licensor and/or its artists, is strictly prohibited, and that the Licensee may be subject to civil and criminal liability for any such unauthorized use.

VIII. RESTRICTED USE – LIABILITY DISCLAIMER

The Works are provided “as is” without warranty or representation of any kind as to the condition of any such Work. If any Work should prove defective to the Licensee, Licensee agrees to assume the entire cost of remedy and/or correction. Licensor, its employees, and agents shall not be held liable for Licensor, its employees, and agents shall not be held liable for any damages (including lost profits, interruption, loss of business information, or any other monetary, productivity, or related losses) in connection with any claim, action or suit, or other legal proceedings that may arise out of these Terms.

In no event shall the Licensor, its composers, partners, or agents be liable for any damages whatsoever in connection with any claim, loss, damage, action, suit or other proceeding arising in connection to, under, or out of these Terms.

IX. LIMITATION ON LIABILITY

The maximum aggregate liability of us to any Licensee under these Terms, the license provided hereunder, or the use of any or all of the Works in any manner whatsoever shall be limited to the fees actually paid by you to Licensor under these Terms in respect to the use of the Works.

X. SCOPE OF LICENSE - NONTRANSFERABILITY

Excepting in cases where Licensee acts as an agent or in a representative capacity (i.e., for an “End Client” as defined in the Licensing Agreement), this License is personal to the Licensee and strictly subject to the exercise of the rights set out herein. The rights and obligations of these Terms are not transferrable without Licensor’s prior written consent. Licensor may assign these Terms without Licensee’s consent. Any attempt by Licensee to assign these Terms other than as permitted above will render such transfer null and void.

XI. INDEMNIFICATION – NOTICE OF CLAIM

Licensee will indemnify, hold harmless and defend us, our parent, subsidiaries, affiliates, officers, directors, employees and agents from any and all liabilities, loss, damages, and costs (including, without limitation, reasonable attorney’s fees) that arise out of any claim, demand, suit, action, encumbrance, deficiency, or proceeding brought by a third party that involves, relates to or concerns a breach or alleged breach by the Licensee of any of the provisions of these Terms, the License Agreement, or the negligence or willful misconduct of the Licensee.

XII. INDEPENDENT PARTIES

The parties to these Terms are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency relationship, franchise, sales representation, or employment relationship between the parties. Neither party can make or accept any offers or representations on behalf of the other party.

XIII. ENTIRE TERMS

The Terms and the License Agreement set forth the entire terms between both parties and supersede all prior and extant proposals and agreements, written or oral, of both of the parties with respect to the subject matter contained herein. These Terms cannot be modified or amended, except by written Terms reviewed and executed by both parties. No failure or delay by us in exercising any right hereunder will operate as a waiver thereof.

XIV. SEVERABILITY

If any part of these Terms are found to be invalid or unenforceable by an arbiter or a court of competent jurisdiction, then such part of the Terms will be severed and the remainder of the Terms will remain in full force and effect.

XV. NOTICE

Unless otherwise specified under these Terms, notices or notifications required in these Terms shall be made via certified mail or email, with return receipt requested, to the addresses specified herein or at such other address as the parties shall designate in writing.

Address for notices:

LICENSOR: Heavy Feather Publishing, LLC dba Founder Music,
914 164th Street SE
No 423
Mill Creek, WA 98012

XVI. FORUM

These Terms shall be governed by the laws of the State of Washington without regard to any conflict of law provision. These Terms are performable in whole or in part in Snohomish County, Washington.

XVII. SOLICITATION ATTEMPT

Licensee (including Licensee’s employees, agents, partners, and affiliates) shall not solicit any of our employees or independent contractors in an attempt to hire such employees or independent contractors for music-related licensing ventures.

XVIII. REUSE PROHIBITED

No part of this Website may be copied or retransmitted via any means, except as authorized by these Terms and the License Agreement. This Website, its content and all related rights are and will remain our exclusive property unless otherwise expressly agreed in writing.

XIX. COMPLETE TERMS

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. YOU AGREE THAT THE TERMS AND ANY LICENSE AGREEMENTS ARE THE COMPLETE STATEMENT OF THE TERMS BETWEEN YOU AND US, WHICH SUPERSEDE ANY PRIOR TERMS.

AI Use Policy

The use of content from this website, including but not limited to music, text, and media, for AI training datasets, machine learning models, or artificial intelligence applications is strictly prohibited without explicit written permission.

This policy applies to all AI companies, organizations, or individuals developing artificial intelligence models. Unauthorized use of our data for these purposes may result in legal action.