FAQs & Usage Policy

1. Where can I use the music on the database ?

a. Each song will have a description of where you are allowed to use that track. You can see this by clicking on the songs artwork. 

 

2. Can I monetise my video’s?

a. Yes as long as the song description doesn’t specify that they claim on Youtube

 

3. Will I get copyright strikes using this music? 

a. No, as long as you follow the usage tags on the song you should be fine. If anything goes wrong we will personally help you clear that strike for you. 

 

4. Can I cancel my subscription at any time? 

a. Yes! You can cancel your subscription at anytime.

 

5. When does new music get uploaded to the platform?

a. Everyday!!!

 

6. Can I become a content creator with The Music Elk?

a. Of course, we welcome all content creators! You can get in touch by emailing info@themusicelk.com

Usage Policy

  1. Introduction

This page tells you the terms on which you may use certain sound recordings (“Recordings”) and musical compositions (“Compositions”, which together with the Recordings may be referred to as “TME Database”).

By using the The Music Elks Database, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the The Music Elk Database

.

  1. Who We Are

Themusicelk.com is operated by The Music Elk, a UK Limited company registered in England under company number 13421808

Some important details about us:

 

Our registered office is at: 5a bath Place, Taunton, TA1 4ER

 

  1. Use of music

You have permission for temporary use of the music on the database, but in certain circumstance we can withdraw or change our service at any time without telling you and without being legally responsible to you (such circumstance include but are not limited to, revocation or cessation of any rights in or to The Music Elk by any third party rightsholder; your failure to abide by our Usage Policy).

 

You are non-exclusively entitled to use and synchronise the The Music Elk’s Database or parts thereof in timed relation with your User Generated Content, as an Independent Creator. Provided always that you follow our acceptable usage policy.

 

“Platform(s)” means online sites primarily intended to host User Generated Content, including without limitation Youtube, Twitch, [Facebook], [Instagram], [Snapchat], [Tik Tok]

 

“Independent Creator” means an individual or small group of individuals (including without limitation, Vloggers, Gamers, fitness professionals, make up artists, influencers, product reviewers) whose primary activity is creation of user generated content primarily for the creation of your own channel or personal brand and in respect of which you are not receiving any direct and identifiable commercial gain as a result of the usage of the The Music Elk’s Database (save for ad revenue from the relevant Platforms. A corporation or organization whose primary activities extend beyond this, will not be considered an Independent Creator.

 

We hereby reserve all other rights not expressly granted herein and by way of example but without limitation you shall not have the right to:

    (a)  manufacture or exploit the music on the database separately from the User Generated Content;

    (b)  make any changes, edits or alterations to the database’s music, save for timing purposes but not so as to alter the fundamental character; or

    (c)  exploit the User Generated Content embodying the database in conjunction with the endorsement of any product or in any media outside of the Platforms.

 

Only use the The Music Elk’s Database as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

 

  1. Our Legal Responsibility to You

As far as legally possible, we exclude legal responsibility for the following:

Any loss to you arising from use of our database;

Loss of income, profit, business, data, contracts, goodwill or savings.

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

 

  1. Links to Our Site

You are allowed to make a legal link to our website’s homepage and to the applicable The Music Elk on any applicable music digital service providers (DSPs) including but not limited to Spotify and Apple Music from your website if the content on your site meets the standards of our acceptable use policy https://www.themusicelk.com/faqs-usage-policy

.  We do in fact hope and expect that you will do so.

 

  1. Variation

We change these terms from time to time and you must check them for changes because they are binding on you

 

8.Applicable Law

8.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

 

8.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

 

8.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

 

8.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

 

8.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.

 

8.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorized representatives of both Parties, shall be final and binding on them.

 

8.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by us London Court of International Arbitration (LCIA) under the Rules of the LCIA Arbitration Scheme.

 

8.8 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.

 

8.9 The English courts have the only right to hear claims related to the The Music Elk, and all disputes are governed by English law

 

9. Contact Us

Please email us at info@themusicelk.com to contact us about any issues.