Copyright License & Agreement

Updated October 6, 2022

The following copyright agreement, license, and terms ("COPYRIGHT TERMS") apply to all products, both premium and free products, offered on our website ("https://swound.com"), any subdomains or application delivered by Swound Creative Ltd (the "Platform") and its users. All products bound by these copyright terms contain a copy of this license and agreement in the form of a PDF file inside the product download folder.

By accessing, purchasing, downloading, or using our products, you agree that you have read, understood, and agree to be bound to the following copyright terms. If you are not eligible, do not agree to the following copyright terms, or did not purchase or download our products through our website, you do not have our permission to use our products for commercial or non-commercial purposes.

Product Content Definitions

For various licensing purposes and restrictions, we categorize the contents of our products into the following categories: "SAMPLES", "PRESETS", "PROJECT FILES", and "REMAKES".

  • The term "SAMPLES" refers to short audio clips or audio loops playing back sounds such as drum one-shots, synth one-shots, drum loops, synth loops, MIDI files, and more. Their file types include but are not limited to ".WAV", ".MP3", and ".MID".
  • The term "PRESETS" refers to sound extensions created explicitly for software synth instruments such as Serum, Sylenth1, and others. Their file types include but are not limited to ".FXP" and ".FXB".
  • The term "PROJECT FILES" refers to our Digital Audio Workstation sessions. Their file types include but are not limited to ".FLP", ".ALS", ".LOGICX" & ".BAND".
  • The term "REMAKES" refers to "PROJECT FILES" which are re-production of someone else song.

For simplification "our products" refers to Swound products and the files publicly hosted by its users.

Terms of use and License

  1. The "PROJECT FILES" within our products are solely meant for educational purposes. Meaning they are NOT royalty-free and can not be used for commercial or even non-commercial purposes. The "PROJECT FILES" contain musical content, such as chords and melodies that belong to the original artist and/or their record label.
  2. In the case of "REMAKES", the "PROJECT FILES" contain musical content (such as melodies) that belongs to the original artist the project is inspired by and/or their record label.
  3. "REMAKES" are sold exclusively for educational purpose and doesn't imply any form of endorsement from the original artist.
  4. As being re-recording/re-production, "REMAKES" are not guaranteed to be accurate - this includes but is not limited to melodies, sounds, samples and more.
  5. You should not re-sell our products or pass them to a third party, as this license is non-transferable.
  6. Any file, 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 Swound. Swound does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
  7. If you use any products in your original work, you may not use our likeness ("Swound") or the likeness of any user of the platform as a featured artist, composer, producer, or any other form of collaborator.
  8. All copying, lending, duplicating, re-selling, renting, uploading, file sharing, or unauthorized trading of content hosted (or any part of the content hosted) on Swound including but not limited to "SAMPLES", "PROJECT FILES", "REMAKE" is strictly prohibited (even for non-commercial use) by international copyright law.
  9. Swound withdraw any responsability of your usage of the track isolation feature allowing you to download acapella, instruments or karaoke version from any song. It is your sole responsability to clear any sound or sample before using it for commercial or non-commercial usage with the artist and/or record label associated to the song you spleeted.

TL;DR: Every product downloaded from Swound is solely meant for educational purpose ! It is your sole responsability to check that the downloaded "SAMPLES" are royalty free to use "as is"; especially if you would like to use it for commercial purpose such as releasing music on streaming services. You own and are responsible for any "PROJECT FILES", "SAMPLES", or "PRESETS" you upload on Swound. We are not taking any responsability regarding your usage of our services and products in case of a legal dispute.

DMCA Policy

Swound respects copyright law and expects its users to do the same. It is Swound’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

This Copyright Policy is intended to help copyright owners who wish to report alleged infringement of their works on the Website, and also to guide users of the Website in restoring access to works that are disabled or removed from the Website due to a mistake.

Swound content is based on User Generated Content (UGC). Swound does not check user uploaded/created content for violations of copyright or other rights.

We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Service.

Swound team will look into reported violations and removes or disables content shown to be violating third party rights.

You can report a "PROJECT FILE" or a "SAMPLE":

  • To report an individual "SAMPLE", hover over the given sample region and click on the flag icon/report button. Then follow the procedure below.
  • To report a "PROJECT FILE", click on the project menu icon and then on the the flag icon/report button. Then follow the procedure below.

For Owners of Copyrighted Works.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright law, please contact Swound to report alleged copyright infringements taking place on or through the Website. Your notification must include substantially the following (please consult your individual legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”) to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Swound Properties are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Swound Properties;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For Users Who Wish To Restore Disabled or Removed Materials.

If you elect to send a counter notification, please contact Swound and submit the following in writing:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification under this DMCA Policy above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

Upon receipt of a counter notification, Swound will forward it to the party who submitted the original copyright infringement claim. The complainant will then have ten days to notify Swound that he or she has filed legal action relating to the allegedly infringing material. If Swound does not receive any such notification within ten days, Swound may restore the material to the Website.

We reserve the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA. The foregoing is not intended to provide you with legal advice.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Contact

If you have any question regarding those copyright policies or have a legal request, please write to us via our contact page.