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Terms of Use

Policies

Last updated: 23 Apr 2026
Version 2026.04.23

1. The Services 

These General Service Terms (“Terms”) govern your use of Harvest Media’s products and services including  https://www.harvest.music/  (the “Website”) & and its associated Admin portal (the “Admin”), Harvest Media’s mobile and desktop apps (Harvest Media’s “Apps”) and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by Harvest Media (the “Services”). These Terms, together with Harvest Media’s Privacy Policy and Cookies Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Harvest Media in relation to your use of the Website, Apps and Services (together, the “Platform”). 

2. Acceptance of Terms  

By registering to use or using the Platform, whether in your own right or as an authorised user of one of our enterprise clients, , you agree to these Terms, and our Privacy Policy and Cookies Policy – please read them very carefully. If you are within the territorial scope of the Data Protection Laws (as defined in the Data Processing Agreement), our Data Processing Addendum also applies. If you do not agree, please do not use the Platform. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you confirm that you have read and understood the Terms of Use, Privacy Policy and Cookies Policy, that you will comply with them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform. 

3. Changes to Terms 

Harvest Media reserves the right to update these Terms at any time.  

a. Where an update could reasonably be expected to adversely affect you or cause detriment to you, Harvest Media will provide you with notice of such update via the Platform or to the email address linked to your Account. These updates will come into effect 30 days after such notification is sent. If you don’t agree with the update, then you can terminate your Account and cease using the Platform. If you don’t do so before the end of that 30-day notice period,  your continued use of the Platform after the end of that period will constitute your acceptance of the revised Terms.  

b. The date these Terms were last updated will be at the top. It is your responsibility to check this date from time to time, so you are aware of the up-to-date version of these Terms. 

 4. Description of the Platform 

a. The Platform is a hosting content delivery service provided in accordance with these Terms. Registered users of the Platform may submit, upload and post audio, text, photos, pictures, graphics, metadata, comments, and other content, data or information (“Content”). This Content is stored by Harvest Media at the direction of such registered users, and may be shared and distributed by the registered users and other users of the Platform using the tools and features provided as part of the Platform and accessible via the Website, search tools, Apps and API.  

b. We may release new tools and resources on the Platform, new versions of Harvest Media’s Apps, API or admin, or introduce other services and/or features for the Platform from time to time. Any new additions will be subject to these Terms along with any applicable additional terms and/or access limitations (including depending on whether they are Free Services or Premium Services. 

 5. Your Account 

a. In order to use some parts of the Platform, you will need to register an administrator profile account (“Account”). You must have your own Account and are prohibited from creating multiple Accounts or sharing your Account with others.   

b. You must provide full and accurate information when you create your Account and must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you choose to provide about yourself will be treated in accordance with Harvest Media’s Privacy Policy.  

c. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity that occurs on your Account, whether such activity was authorised by you. If your username or password is lost or stolen, or if you believe that your Account has been accessed by unauthorised third parties, please notify Harvest Media in writing, and change your password at the earliest possible opportunity.  

d. If you register an Account on behalf of a company, organisation or other entity, the terms “you” and “your,” as used throughout these Terms apply to both you and the company. You represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and to bind the company to these. 

e. We reserve the right suspend or terminate your Account in accordance with the Suspension and Termination section below.  

f. You may terminate your Account at any time provided you provide Harvest Media at least 30 days’ written notice as described in the Suspension and Termination section below. 

 6. Free and Premium Services 

Some Service options are provided free-of-charge, subject to certain Usage Thresholds (“Free Services”). Other Services require payment if used (the “Premium Services“). All Harvest Service options may not be available to all users. We will explain which services are available and most suited to your needs when you set up your Account.  

 7. Usage Thresholds for Free Services and Pricing 

a. Your use of the Free Services is subject to the following Free Usage Thresholds:
i. A maximum of 2,500 tracks ingested into the Platform (“Track Ingestion Threshold”); and
ii. A maximum of 6 sub-publishers utilising the publisher sharing capabilities on the Platform (“Sub-Publisher Sharing Threshold”); and
iii. A limitation of one admin user (“Admin User Threshold”).

b. If you exceed any Free Usage Threshold in any given month, fees will apply for that month in accordance with Harvest Media’s Rate Card Fees. You will be notified of the excess, and we will invoice you for the fees, in arrears. 

c. Following notification under (b), you must either: 

    i. reduce your usage to fall under the applicable Usage Thresholds for the next month; or
    ii. enter into an agreement with Harvest Media for premium services. 

d. Until you do so, Harvest Media will continue to invoice you monthly in arrears for any usage above the applicable Free Usage Thresholds, in accordance with Harvest Media’s Rate Card Fees. All invoices issued under this clause are payable within [14] days of the invoice date. Fees are quoted in Australian dollars. 

e. You acknowledge that Harvest Media may terminate this Agreement or remove all access to the Platform in accordance with the Suspension and Termination section below if you fail to pay the Fees within 45 days of the due date. 

 8. Grant of Rights 

  1. Subject to your strict compliance with these Terms, Harvest Media grants you a limited, non-exclusive, revocable, non-assignable and non-transferable right to access and use the Platform in order to view Content uploaded to the Platform, to listen to audio Content streamed from the Platform or offline and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”) and subject to the territorial availability of that feature and audio Content. 
  1. Without limiting any of Harvest Media’s rights or remedies under these Terms, Harvest Media grants you these rights in reliance on the indemnities given by you as set out under the Indemnification heading below. 
  1. The above rights are conditional upon your strict compliance with these Terms including, without limitation, the following. 
  1. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of Content. 
  1. You must not adapt, copy, republish, reproduce, vary, reverse engineer, decompile, circumvent, alter, modify, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform or any Materials, except: where such Content is your Content (Your Content), or as permitted under these Terms, and within the parameters set by the Uploader (for example, under the terms of creative commons licences selected by the Uploader). 
  1. You must not communicate or release (or allow access to) any part of the Platform to any third party (not including employees or company officers) without the prior express written consent of Harvest. 
  1. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering. 
  1. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content. 
  1. You must not, and must not permit any third party to, copy or adapt the object code of the Platform, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content. 
  1. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public: 
  1. any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Harvest Media’s reasonable discretion; 
  1. any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or 
  1. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in Harvest Media’s reasonable opinion; 
  1. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform; or 
  1. any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation. 
  1. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation. 
  1. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person. 
  1. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Harvest Media employee or contractor. 
  1. You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person. 
  1. You must not sell or transfer, or offer to sell or transfer, any Harvest Media account to any third party without the prior written approval of Harvest Media. 
  1. You must not collect or attempt to collect any data (including personal data or any other kind of information about other users), content, or information from the Platform, including without limitation, through spidering, any form of scraping, automated tools or similar, or use any such data, content or information in connection with any artificial intelligence or machine learning program or tool, except as expressly permitted by the platform or with our prior written consent. 
  1. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Harvest Media or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Harvest Media’s servers, system or network or attempt to breach Harvest Media’s data security or authentication procedures; attempt to interfere with the Platform or the Services by any means including, without limitation, hacking Harvest Media’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Harvest Media under these Terms, Harvest Media reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. 

9. Your Content and feedback 

  1. Any and all audio, text, images, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform ( “Your Content”) is generated, owned and controlled solely by you or the enterprise client on whose behalf you are acting, and not by Harvest Media. 
  1. Harvest Media does not claim any ownership rights in Your Content, and you expressly acknowledge and agree that Your Content remains your sole responsibility. 
  1. Without prejudice to the conditions set out in the Grant of Rights section above, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorised use of material protected by intellectual property rights (including copyright)within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third-party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. 
  1. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Harvest Media shall have the right, but not the obligation, to use such feedback on an unrestricted basis. 

 10. Grant of Licence to Harvest Media 

  1. By uploading Your Content to the Platform, you initiate an automated process that may transcode, watermark and fingerprint any audio Content and direct Harvest Media to store Your Content on Harvest Media’s servers, from where you may control and authorise the use, ways of reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To enable Harvest Media to provide you with its Services, including to host and facilitate the sharing and exporting of Your Content, distribute advertising or other promotional material on the Platform and/or to operate and enable your use of the Platform, you grant to Harvest Media a limited, worldwide, non-exclusive, royalty-free and fully paid basis licence. 
  1. By uploading Your Content to the Platform, you also grant a licence to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or exported using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, adapt, prepare, segment, create derivative works of, compile, make available and otherwise communicate to the public, Your Content utilising the features of the Platform from time to time, and within the parameters set by you using the Services. You are solely responsible for the parameters you set, and you can limit and restrict the availability of Your Content to other users of the Platform, and to users of Linked Services, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms grants any rights to any other user of the Platform with respect to any proprietary name, logo, trade mark or service mark uploaded by you as part of Your Content (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting Content with which you have associated those Marks 
  1. The licences granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licences with respect to audio Content, and any images or text within your Account, will (subject to the following paragraph of these Terms) terminate automatically when you remove such Content from your Account. Licences with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your Account. 
  1. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trade mark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader.  
  1. Harvest makes the Catalogues (as defined in the Copyright section below) available in order to provide the Services via the Platform, under licence from the owners or controllers of copyright in the Catalogues. Your right (if any) to secure licences for third parties to reproduce, adapt, edit, communicate or synchronise Catalogue material with or without audio-visual material, and to perform, broadcast, communicate or transmit such Catalogue material with audio-visual material, whether or not using the Platform, is contingent on you obtaining a valid and substituting licence to do so from the owner or controllers of copyright in the relevant item of Catalogue (for example, in the case of so-called “industry blanket licences”, from Copyright Collecting Societies). 
  1. Removal of audio Content from your Account will result in the deletion of the relevant files from Harvest Media’s systems and servers. However, notwithstanding the foregoing, you acknowledge and agree that once Your Content has been duplicated or embedded using the Services  to any Linked Services, Harvest Media is not obliged to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. 

 11. Representations and Warranties 

You represent and warrant to Harvest Media as follows. 

  1. Your Content (in whole and each part of it) is an original work by you, or you have obtained all rights, licences, consents and permissions necessary to grant the rights granted in these Terms and in order to use, and (if and where relevant) to authorize Harvest Media to use, Your Content pursuant to these Terms, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content (in whole and each part of it), on, through or via the Platform, any and all Services and any Linked Services. 
  1. Your Content and the availability of it on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information. 
  1. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services. 
  1. Your Content, including any comments that you may post, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, child abuse, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation. 
  1. Your Content does not and will not create any liability on the part of Harvest Media, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.  

 12. Liability for Content 

  1. You acknowledge and agree that Harvest Media:  
  1. stores Content and other information at the direction, request and with the authorisation of its users;  
  1. acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content; and  
  1. plays no active role and gives no assistance in the presentation or use of the Content.  
  1. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the fullest extent permitted by law, Harvest Media excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect to it. 
  1. Once your Account has been terminated, any and all Content residing in your Account, or pertaining to activity from your Account (for example, analytical data relating to your activity on the Platform), will be deleted in accordance with the Effect of Termination section below.  
  1. It is your responsibility to maintain backups and copies of any Content in your Account. Harvest Media assumes no liability for any Content that is lost, corrupted, and/or irretrievably deleted including without limitation following any suspension or termination of your Account. Any data or analytics reports available via your Account page on the Platform are only accessible if your Account is active.  
  1. You acknowledge and agree that Harvest Media cannot and does not review the Content created or uploaded by its users, and neither Harvest Media nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Termsor applicable law. 
  1. To the fullest extent permitted by law, Harvest Media and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders exclude any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, to the fullest extent permitted by law, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Harvest Media or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders. 

 13. Blocking and Removal of Content 

Notwithstanding the fact that Harvest Media has no legal obligation to monitor the Content on the Platform, Harvest Media reserves the right to block, remove or delete any Content (including Your Content) at any time, and to limit or restrict access to any Content (including Your Content), for any reason and without liability, including without limitation, if we have reason to believe that such Content (including Your Content) does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms, or applicable law, or is otherwise unacceptable to Harvest Media.  

 14. AI policy 

  1. You acknowledge and agree that, in providing the Platform and Services, Harvest Media may use third-party systems, infrastructure and tools, including artificial intelligence programs (“AI Tools”) and such use is governed by Harvest’s then current AI Policy available here. Both you and Harvest Media will comply with, the AI Policy which is incorporated into and forms part of these Terms. 
  1. Without limiting other licences granted in these Terms you grant Harvest Media a non-exclusive, worldwide, royalty-free licence to use, reproduce, store, transmit, process and transform Your Content to the extent necessary for the activities described in (a) above with respect to AI Tools and those described in the AI Policy. You warrant that you have, and will maintain, all rights and permissions necessary for Harvest Media exercise the rights granted in this clause. 

 15. Third Party Websites and Services 

  1. Harvest Media will provide you with access to online documentation and support through an online help system. 
  1. The Platform may also provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (the “External Services”). Harvest Media does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Harvest Media does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. 
  1. External Services may have their own terms of use and/or privacy policy and may have different practices and requirements to those operated by Harvest Media with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. 
  1. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. 
  1. To the fullest extent permitted by law, Harvest Media disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you irrevocably waive any claim against Harvest Media with respect to the content or operation of any External Services. 

 16. Disclaimer 

  1. Nothing in this section or the Limitation of Liability section below limits any rights you have under applicable law that cannot be disclaimed, excluded or restricted, but where any limitation or exclusion is permitted by law, it applies to the fullest extent allowed. 
  1. The Platform, including, without limitation, the Website, the Apps, the Services and all content and services accessed through the Platform or otherwise, are provided “as is”, “as available”, and “with all faults”. 
  1. Whilst Harvest Media uses reasonable endeavours to correct any errors or omissions in the Platform as soon as practicable once they have been brought to Harvest Media’s attention, Harvest Media makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Platform, including the  Website, the Apps, the Services (in whole or part), any Content, or any Linked Services or External Services. Harvest Media does not warrant that your use of the Platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Platform or any part of it, the Content, or the servers on which the Platform operates are or will be free of viruses or other harmful components. Harvest Media does not warrant that any transmission of content uploaded to the Platform will be secure or that any elements of the Platform designed to prevent unauthorized access, sharing or download of content will be effective in any and all cases, and does not warrant that your use of the platform is lawful in any particular jurisdiction. 
  1. Harvest Media and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out in these Terms, including without limitation any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose. 

 17. Limitation of Liability 

The limitations in this clause operate to the fullest extent permitted by law, but are subject to 16(a) above.  

  1. Harvest Media and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, will not be liable to you for any loss or damage to the extent arising from: 
  1. your inability to access or use the Platform (in whole or part) or to access any Content, Linked Services, or any External Services; 
  1. any changes that Harvest Media may make to the Platform (in whole or part); or  
  1. any temporary or permanent suspension or cessation of access to the Platform or any Content in the Platform, including in or from any territory; 
  1. any action taken against you by third party rightsholders with respect to any alleged infringement of such third party’s rights relating to Your Content or your use of the Platform, or any action taken as part of an investigation by Harvest Media or any relevant law enforcement authority regarding your use of the Platform; 
  1. any errors or omissions in the Platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content; 
  1. your failure to provide Harvest Media with accurate or complete information, or your failure to keep your username or password suitably confidential; 
  1. any misconduct by other users or third parties using the Platform;  
  1. a breach these Terms by you or other users; and/or 
  1. any loss or damage to any computer hardware or software, any loss of data (including Your Content), or any loss or damage from any security breach. 
  1. Any claim or cause of action arising out of or related to your use of the Platform must be notified to Harvest Media as soon as possible. 
  1. Harvest Media will not be liable to you whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms. 
  1. Notwithstanding the previous clause, Harvest Media’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms will be limited to the greater of: (i) the total Fees paid by you respect of your subscription during the one month immediately preceding the date on which the claim arose; and (ii) $200. 

 18. Indemnification 

You agree to fully indemnify, defend and hold harmless Harvest Media, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from: 

  1. any third party claim arising from or relating to your use and access of the Platform; 
  1. any breach by you of these Terms and including third party claims arising from such a breach; 
  1. any third-party claim of infringement of rights (including copyright, other intellectual property rights or privacy) arising from or in relation to Your Content, including the hosting, availability and/or use of Your Content on and/or via the Platform, and/or your making available thereof to other users of the Platform or Linked Services in accordance with these Terms and the parameters set by you for Your Content; 
  1. any activity in or related to your Account, including by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Harvest Media; 

Your liability under these Terms will be reduced to the extent such liability is directly caused by Harvest’s negligent acts or omission. 

19. Proprietary / Intellectual Property Rights

  1. For the purpose of this section the following definitions apply. 
  1. Materials means, separately and together the Documentation together with any and all related materials, including derivatives, alterations, modifications and variations made to any such materials. 
  1. Documentation means any manuals, user instructions, online support documentation and/or literature supplied to you to aid the use of the Platform. 
  1. Harvest Media and/or its suppliers, as applicable, retain ownership of all rights (including intellectual property rights) in and to the Platform and the Materials, including but not limited to all trade names, trademarks, software (source and object code), design, text, data, icons, logos, copyright, content, designs, concepts, sound recordings, graphics and service marks associated or displayed in or by the Platform (together the “Intellectual Property”). Nothing in these Terms transfers or licences any such rights to you unless expressly stated. 
  1. You must not remove, deface or obscure any proprietary notices on, incorporated in, or associated with the Platform or any Materials, reverse engineer, reverse compile, or otherwise reduce to human readable form any software associated with the Platform or processes contained within the Platform, or distribute or reprint or reproduce (electronically or physically) any content or Materials from us without our consent. 
  1. You must notify Harvest Media immediately if you become aware of any unauthorised use of the whole or part of the Materials or Platform. 

 20. Data Protection, Privacy and Cookies 

  1. Please review Harvest Media’s Privacy Policy for information on how we collect, use, disclose and store data relating to the use and performance of the Platform, as well as our responsibilities and your rights in relation to any processing of your personal data. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the Services we offer. Harvest Media’s use of cookies, and how to disable cookies, is explained in Harvest Media’s Cookies Policy and on the last page of this Terms of Use. By accepting these Terms and using the Platform, you also accept the terms of the Privacy Policy and Harvest Media’s Cookies Policy. 
  1. If you are subject to the territorial scope of the Data Protection Laws (as defined in the Data Processing Agreement), or any successor legislation, you can access our Data Processing Addendum here which is incorporated into and forms part of these Terms.  

 21. Internet Access 

You acknowledge and agree that in connection with your use of the Platform, you must: (a) provide for your own access to the internet and pay any service fees (if any) associated with such access; and (b) provide all equipment necessary for you to make such connection to the internet, including, if applicable, a computer, software, a modem and a working telephone line. Harvest Media shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Platform. 

 22. Security 

Harvest Media uses current industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide to us and to prevent against its loss or misuse. However, no data transmission over the Internet can be guaranteed to be 100% secure, and while we take reasonable steps to protect your information, we do not guarantee that the information you submit to Harvest Media will be free from unauthorised access. You acknowledge and agree that all information you submit to Harvest Media or submit or post via the Platform is done so at your own risk. 

 23. Changes to the Platform and Accounts 

  1. Harvest Media reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform (in whole or part), temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Harvest Media shall use its reasonable endeavours to notify registered users of such decision in advance. 
  1. To the fullest extent permitted by law, you agree that Harvest Media and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Platform or any Services that Harvest Media may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Platform, the Services  (in whole or part), or your possibility to use or access the same from or within any territory or territories. 
  1. Harvest Media may update, modify, withdraw or introduce features, products or account types at any time. Prices for Premium Services may also change from time to time. These changes may apply to all accounts, whether paid or free, as all users access the Platform. Where any proposed change would increase the price of, or materially reduce the features available under, a subscription you have purchased, we will give you at least 30 days’ notice by email before the change takes effect. If you do not wish to accept the change, you may terminate your Account in accordance with the Termination section below. If you continue using the Platform after the 30-day notice period, you will be deemed to have accepted the change. All other changes will take effect from your subscription’s next renewal date.  

24. Copyright 

  1. All music compositions and recordings, separately and together in the production music, sound recordings, musical works and any lyrics embodied on them, and relevant metadata that are cached, archived or reproduced under licence from the relevant owners or controllers of the copyright that is stored in the database of Harvest Media and accessed via the Platform (“Catalogues”) are protected by the Copyright Act 1968 (Cth) (as amended) (“Copyright Law”) 
  1. Harvest Media makes the Catalogues available via the Platform, under licence from the owners or controllers of copyright in the Catalogues, subject to these Terms. Your right (if any) to secure licences for third parties to reproduce, adapt, edit, communicate or synchronise Catalogues, whether or not using the Platform, is contingent on You obtaining a valid and substituting licence to do so from the owner or controllers of copyright in the relevant Catalogues. 
  1. Written permission (licence) for any use must be obtained from the owner, music representative, rights owners or rights administrator. Unauthorized use of the Catalogues in any form constitutes a violation of the Copyright Law, which provides for certain penalties. 
  1. A valid licence with the owner, music representative, rights owners or rights administrator should grant you the right to both the recording (master) and the composition (musical copyright) more commonly referred to as the synchronization right. Synchronization is the right to affix music with visual images or other audio signals and to mechanically reproduce the copyrighted music in soundtracks and copies of soundtracks. Payment for a synchronization licence need be made only once. However, additional synchronization licensing becomes necessary if the original production is changed, revised or dubbed in foreign languages. 
  1. Performing rights licences are usually the responsibility of the user. In the case of broadcast, (radio, TV, cable, satellite, etc.) it is the responsibility of the broadcaster. Harvest Media expressly states that it does not maintain, nor is it expected to maintain, a public performance licence with any of the end-user broadcaster or transmitters of the content or material conveyed in these Terms. A licence must be obtained from the authorized performance rights society in your territory (if applicable) or from the agent for that music or recording. 

25. Suspension and Termination by us 

a. Harvest Media may suspend or terminate your Account, or limit or restrict your access to all or part of the Platform (including any features), where we reasonably believe:
     i. you have breached these Terms;
     ii. you have violated, or may violate, the rights of a third party or any applicable law or regulation;
    iii. any of Your Content breaches these Terms or infringes a third party’s rights or violates any applicable law or regulation;
    iv. your use of the Platform creates a security risk to the platform, our systems, or any third party, or could negatively affect other users;
     v. your Account has been, or is likely to be, compromised;
    vi. your activities could expose us to legal liability or are suspected to be fraudulent;
    vii. any Fees payable by you are overdue; or
   viii. we believe it is otherwise necessary or appropriate in the circumstances.

b. Where we have the right to suspend or terminate your Account or access to the Platform under these Term, we will where practical give you advance notice, or otherwise use reasonable endeavours to notify you as soon as possible after taking such action.  

c. Where your Account or access to the Platform is suspended (in whole or in part), the following applies. 

     i. During such suspension you will not have access to your Account and/or any Content (including Your Content) in it and your Account will remain locked until the issue is resolved, or where             the issue is overdue payment of Fees, we receive the relevant Fees in full.
ii. You agree to cooperate with us to resolve the issue that led to the suspension.
     iii. We may restore your access once the issue has been resolved to our satisfaction and we reasonably believe it will not recur, including full payment of Fees.
      vi. Where: (A) the issue cannot be resolved; (B) we reasonably believe it will recur; (C) the your Account has been suspended for more than 10 business days; or (D) suspension is due to overdue Fees and full payment has not been received, we may issue you with a final notice of Account deletion.. Where that notice relates to overdue Fees, you will have 10 business days from the date of that notice to make payment in full before we proceed. In all other instances we may terminate your access and delete your Account immediately. 
v. Upon termination of your Account for any reason under this clause, we may permanently delete your sub-publishing shares and all Content associated with your Account.
vi. Harvest Media will have no liability for any loss of data or content resulting from deletion carried out in accordance with this clause. 

26. Termination by you 

You can terminate Your Account by providing at least 30 days’ written notice to Harvest Media by electronic mail using the details in the Disclosures section below. Deletion of Your Content will be in accordance with the Effect of termination section below.  

27. Effect of termination

Upon termination of Your Account, the following applies.   

  1. You must immediately cease using the Platform and Materials and must immediately uninstall, delete and/or destroy any digital copies of Harvest Media’s Materials. For the sake of clarity upon termination, you are not permitted to reproduce, copy, retain or deal with any of Harvest Media’s Materials or Services.  
  2. Any Content or other files contained in your Account (including Your Content) will be irretrievably deleted by Harvest, except to the extent that: (A) we have residual copies in our systems for back-up purposes; and/or (B) we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests.  
  3. Your Account will be disabled, and you may not be granted access to Your Account or any files or other Content (including Your Content) contained in your Account  
  4. Harvest Media may also withdraw and at its discretion reallocate the public web address of your Account. 

28. Assignment to Third Parties 

Harvest Media may assign its rights and (where permissible by law) its obligations under these Terms ( in whole or in part) to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Harvest Media. Where possible, we will give you reasonable notice of any such assignment. If you aren’t happy with it, you can always terminate your Account in accordance with these Terms. You may not assign any benefit of these Terms or the rights and duties in these Terms (in whole or in part) to any third party without the prior written consent of Harvest Media. 

29. Third Party Rights 

These Terms are not intended to give rights to anyone except you, Harvest Media and Harvest Media’s successors, assigns, affiliates, agents, directors, officers, employees and shareholders. This does not affect Harvest Media’s right to transfer its rights or obligations to a third party. 

30. Severability 

Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect. 

31. Entire Agreement 

These Terms, together with the Privacy Policy, Cookies Policy, and where applicable the Data Processing Agreement, constitutes the entire agreement between you and Harvest Media with respect to your use of the Platform and supersedes any prior agreement between you and Harvest Media.  

32. Disclosures 

The Platform is offered by Harvest Media Services Pty Ltd, a company incorporated under the laws of Australia and with its main place of business at Suite 203, 8 Hill St, Surry Hills NSW 2010, Australia. More information about Harvest Media is available here. You may contact us by sending correspondence to that address or by emailing us at hello@harvest.music Any communication sent via post must have a copy sent via email. 

33. Applicable Law/Jurisdiction

  1. These Terms are governed by the laws of the state of New South Wales, Australia. You expressly to submit to the exclusive jurisdiction of the courts of New South Wales for any claim or dispute arising out of or in connection with these Terms or your use of the Platform. 
  2. We control and operate the Platform from Harvest Media’s offices in Australia. We do not represent that materials on the Platform are appropriate or available for use in other locations. Persons who choose to access the Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

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