Terms of Service
Welcome to Upstrm!
The following terms of service (these "Terms of Service") govern your access to and use of the Upstrm website and mobile application, including any content, functionality, and services offered on or through www.upstrm.io or the Upstrm mobile application (the "Site") by Upstrm LLC, and its subsidiaries as applicable. Upstrm LLC and its subsidiaries are collectively referred to as "Upstrm," "we," or "us," and "you" or "user" means you as a user of the Site. By accessing and using our services, you agree to comply with these Terms of Service.
The "UPSTRM" Website is our domain located at https://www.upstrm.io ("Site"), which includes our mobile applications and desktop applications, subject to updates and modifications. This encompasses networks, widgets, downloadable software, tablet computer applications, and all intellectual property within.
Upstrm serves as a platform for Contractors (or "Service Providers") to offer technical and creative support to End Users. By accessing and using the Upstrm Website, whether on your own behalf or a third party, you become an "End User."
Your Upstrm account is personal and cannot be shared, transferred, or gifted to others, including other Upstrm participants. The Website is intended for your personal use only and not for resale. We reserve the right to restrict, deactivate, or terminate your access to the Website (or any part of it) at any time without notice. We may also modify or discontinue providing the Website (or any portion of it).
You acknowledge and agree that Upstrm will not be liable to you or any third party for any termination or modification to the Service, regardless of the reason. Should you be dissatisfied with any modifications or discontinuation, the only recourse is to terminate your use of the Site.
To become an End User, you must create an account and complete the registration process by providing current, complete, and accurate information as prompted by the registration form.
Your use of the Upstrm Website indicates your acceptance of these terms and your agreement to be bound by them, as well as all applicable laws and regulations. If you do not agree to these terms, please refrain from using the Upstrm Website.
UPSTRM User Terms - General
You have the freedom to cancel your Upstrm membership at any time. However, please be aware that Upstrm does not offer refunds on membership payments. To avoid being charged for the next billing cycle, ensure to cancel your membership before the renewal date.
For services delivered by Service Providers, refunds are not handled by Upstrm. If you have any concerns, contact your Service Provider directly through the Order Chat to discuss their individual Terms on Revisions and Refunds. In case you cannot reach your Service Provider on Upstrm for more than 14 days, we're here to help at [email protected].
At Upstrm, we offer a non-exclusive service, allowing you to use other music distribution services, label services, marketing companies, major or independent labels, etc., alongside Upstrm's Service.
By using Upstrm, you grant us permission to use your image and likeness in marketing promotions, including advertising, social media, and other marketing materials, without prior approval. Please note that you won't receive any compensation for the use of your image and likeness. If you prefer not to be included, email us at [email protected].
While we strive to maintain a positive user experience, Upstrm does not control user actions. Please use your own discretion and best judgment when interacting with other users on or off the platform.
Using the Upstrm logo, name, or any modified version on any printed or digital media not provided directly by Upstrm is not permitted. This includes cover artworks, promotional videos, music videos, event flyers, and more. For approvals or inquiries, contact us at [email protected].
At Upstrm, we may adjust our streaming royalty commission or member subscription rates from time to time. However, we will always notify you via email before making changes to your account. If you disagree with any policy changes, you have the option to cancel your Upstrm membership at any time.
We believe in transparency and appreciate your understanding of these terms. Your journey with Upstrm is important to us, and if you have any questions or need support, please don't hesitate to reach out to [email protected]. We're here to empower your music endeavors!
UPSTRM Distribution Terms - General
If you decide to use tracks from our Beat Library (or Music Library) in your music, you'll need to distribute your music through Upstrm Distribution. It's a requirement.
However, if your release doesn't include any of our Beat Library tracks, you have the freedom to choose whether or not to distribute through Upstrm Distribution.
We care about maintaining a high standard for music releases. That's why we reserve the right to decline music that's poorly mixed/mastered, offensive, overly violent, or lacks quality cover artwork.
It's important to know that Upstrm automatically receives 5% of net streaming revenue on any songs or albums you release through Upstrm Distribution, and this continues perpetually unless you choose to remove the song(s) or album(s) from Upstrm Distribution.
If you ever want to remove a release from stores, just let us know, and we'll process your request within 72 hours. It usually takes around 2-10 days for the release to be removed from stores.
Remember, for songs or albums not distributed by Upstrm Distribution, you cannot use "UPSTRM" as the Record Label Name.
Feel free to check out more details in our Distribution Terms of Service here: https://distribution.upstrm.io/terms_and_conditions.php
Service Providers (Independent Contractors)
To become a Service Provider (Independent Contractor) on Upstrm, you'll need to provide all the necessary information to verify your identity, location, credentials, and financial institutions. We want to make sure everyone has a secure and trustworthy experience.
As an Independent Contractor, you are not an employee of Upstrm but a valued professional providing services to our users. When purchasing services or products from Service Providers, we encourage users to exercise their own judgment.
The title of "Service Provider" can be assigned to any user on the Upstrm platform by Upstrm itself.
For smooth operations, we strongly advise Service Providers to communicate with users about service orders directly on the Upstrm platform. Any communication regarding orders outside the platform will not be considered in case of disputes.
Please note that Upstrm charges a 10% service commission on all service sales through the platform. This commission is non-refundable if, as a Service Provider, you decide to refund a user who has availed of your service on the platform.
In rare cases where Upstrm must refund a user who has engaged your service, the 10% Service Commission may be charged to your card on file without prior notice.
Effective communication is essential, so as a Service Provider, please aim to respond to messages within 4 business days unless there are exceptional circumstances.
The services you offer on Upstrm will be visible on your public Upstrm Profile, but keep in mind that they may not appear in the community marketplace.
Timely delivery is expected from all Service Providers, so please ensure that your delivery times align with what you specify in your service offerings.
If you have any questions or need assistance, feel free to reach out to our support team at [email protected].
Reporting Policy
If you encounter any content that may potentially breach our Terms of Service or Community Standards, we encourage you to report it to us using the designated channels specified in our Terms of Service. Our Trust & Safety team thoroughly reviews all reported cases. To safeguard privacy, investigation outcomes are not disclosed. You can find more details in our Privacy Policy.
Prohibited Usage
At Upstrm, we uphold a safe and respectful environment for all users. The following activities are strictly prohibited:
1. Adult Services & Pornography: We do not permit the exchange of adult-oriented or pornographic materials and services on our platform.
2. Inappropriate Behavior & Language: Communication on Upstrm should be friendly, constructive, and professional. We do not tolerate bullying, harassment, or hate speech towards others. Our platform provides a space for positive engagement and exchange of ideas.
3. Phishing and Spam: Ensuring our members' security is paramount. Any attempt to publish or send malicious content with the intent to compromise another member's account or computer environment is strictly prohibited. Please refrain from contacting users with offers, questions, or suggestions unrelated to their Gigs or orders.
4. Privacy & Identity: It is strictly forbidden to publish or post other people's private and confidential information. Any necessary exchange of personal information for service completion must take place within the Order Page. Sellers are bound not to use any non-public domain information received from buyers for any purpose other than delivering the work.
5. Authentic Upstrm Profile: Creating a false identity, misrepresenting yourself, or using someone else's account or information is not allowed. Your profile information must be accurate, complete, and free from misleading, illegal, offensive, or harmful content. We reserve the right to verify users' identities if necessary.
6. Intellectual Property Claims: We take intellectual property rights seriously. Upstrm will respond to valid notices of alleged copyright or trademark infringement and violations of third-party terms of service.
7. Fraud / Unlawful Use: The use of Upstrm for any unlawful purposes or illegal activities is strictly prohibited.
We encourage all users to respect these guidelines and contribute to a positive and thriving community on Upstrm.
Abuse and Spam Policy
At Upstrm, we take a strong stance against abuse and spam to ensure a safe and respectful environment for all users. The following actions are strictly prohibited:
1. Targeted Abuse: We do not tolerate targeted abuse or harassment towards any users on Upstrm. Engaging in abusive behavior, such as creating multiple accounts to harass others through messages or orders, is strictly prohibited.
2. Selling Accounts: The buying or selling of Upstrm accounts is strictly prohibited.
By adhering to these policies, we can foster a positive and supportive community on Upstrm. We encourage all users to treat each other with respect and contribute to a platform that values professionalism and integrity.
Proprietary Restrictions
At Upstrm, we value and protect our intellectual property rights and the unique aspects of our platform. The following restrictions apply to the use of our Site and its components:
1. Ownership: The entire Upstrm Site, including its layout, design, content, and materials, is exclusively owned by Upstrm and is protected by copyright, trademark, and other intellectual property laws.2. Prohibited Actions: Users are strictly prohibited from engaging in the following actions with respect to the Site or any of its parts: - Copying, modifying, distributing, transmitting, displaying, or creating derivative works of the Site in any manner. - Attempting to reverse engineer, decompile, or derive the source code, structure, or organization of the Site. - Removing any copyright or proprietary notices from the Site. - Using automation software, hacks, or unauthorized third-party software designed to modify the Site. - Attempting to gain unauthorized access to the Site or disrupting its computer systems or networks. - Circumventing, altering, deactivating, or interfering with any technological measure or content protections of the Site. - Using any device or process to monitor, extract, copy, or collect information from the Site without permission. - Introducing malicious materials into our systems, such as viruses or logic bombs. - Using the Site in any manner that could damage or impair it or interfere with other users' experience.
3. Upstrm's Ownership: Except for the limited right to use the Site according to these Terms of Service, Upstrm retains all right, title, and interest in the Site, including all intellectual property rights. Users must not take any actions inconsistent with Upstrm's ownership interests, and we reserve all rights in connection with the Site, including the exclusive right to create derivative works.
User Generated Content
User Generated Content (UGC) refers to the content contributed by our users, including Buyers and Sellers, rather than content created by Upstrm. As an open platform, Upstrm does not pre-screen or monitor user-generated content for appropriateness or potential violations of rights. Users uploading or creating such content are solely responsible for it and its consequences.
By uploading or creating content on the Upstrm platform, you affirm that you have the necessary rights, licenses, permissions, and authority to use and upload the content. You also warrant that the content:- Does not infringe or violate any intellectual property, proprietary, privacy, data protection, or publicity rights of any third party.- Does not violate any local, state, federal, and international laws, regulations, and conventions.- Does not violate your or any third party's policies and terms of service.
We encourage users to report any violations they come across, providing proof of ownership when necessary. Reported violating content may be removed or disabled as appropriate.
Please note that Upstrm is not responsible for the content's quality or the level of service provided by the service provider. We do not offer warranties regarding services contracted between Buyers and Sellers. We urge users to rely on our rating system, community feedback, and common sense when selecting services.
Sellers offering services undertake that they have the necessary permissions, rights, and licenses for providing, selling, or reselling their offerings on Upstrm. Additionally, Sellers advertising their services online must comply with the relevant platform's laws and terms of service. Failure to do so may result in removal of the service and may lead to account suspension.
For matters concerning Intellectual Property rights and reporting copyright or trademark infringement, please refer to our Intellectual Property Claims Policy, which is an integral part of these Terms of Service. Please be aware that repeat infringers may face account disablement or termination according to our policy.
Disclaimer of Warranties
We want to be transparent with you, and it's essential to understand that your use of the Upstrm platform, its content, and any services or items obtained through the site is at your own risk. The platform, its content, and services are provided on an "as is" and "as available" basis, without any warranties, whether express or implied.
Neither Upstrm nor any person associated with Upstrm makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the platform.
Please note that the above disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.
Your satisfaction and experience are of utmost importance to us, and we strive to provide you with the best service and support possible.
Limitation on Liability
We want to be clear that, to the maximum extent permitted by applicable law, neither Upstrm nor its affiliates, licensors, service providers, employees, agents, officers, or directors will be liable for any damages of any kind, arising out of or in connection with your use or inability to use the Upstrm platform, any websites linked to it, any content on the platform, or any services or items obtained through the platform or linked websites.
This includes, but is not limited to, direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
However, please note that the above limitation on liability does not affect any liability that cannot be excluded or limited under applicable law.