LesFM terms and policies

Welcome to LesFM

These Terms. LesFM LLC, tax id 61-2110926, 651 North Broad Street, suite 201, Middletown, DE 19709 United States of America (“LesFM”, “we”, “our”, “us”) asks you to read these Terms of Use (the “Terms”) carefully since they affect your legal rights and govern any and all use of Lesfm’s website(s) and mobile application(s) (the “Site”), any and all content, including but not limited to, the SFX and the the musical works, including the sound recordings and the musical compositions embodied therein contained in the LesFM music catalog (the “Sound Recordings”), and all other designs, text, graphics, pictures, videos, information, applications, software and other files made available on the Site (collectively the “Content”), as well as your separate license agreement(s) with LesFM to use the Sound Recordings (each a “License”).

Agreeing to these Terms. When you enter into a License (e.g. by signing up for a Paid Subscription of by purchasing a Single Track License, both as defined below), and when making use of the Site, you will be asked to acknowledge that you have read and understood and agree to be bound by these Terms and herein referred documents. If you do not want to be bound by the above terms, please do not use our Site, the Sound Recordings or any other Content. If you are accessing the Site in connection with your employment or otherwise on behalf of a company, you warrant to us that you are authorized to and do bind your company/employer to these Terms and any License, and any references to “you” and “your” in these Terms will refer to both you and your company/employer, as applicable. Please do not agree to the Terms or any License on behalf of your company/employer, as applicable, if you are not duly authorized to do so.

The Site and your use of the Site

Account. You may access the Site from our web or mobile online interface, including as and if available through third party applications. In order to access certain features of the Site, and to acquire License(s) you must create a personal account and register as a user by submitting the information requested and following the instructions that are further specified in the applicable registration form or interface. You alone are responsible for providing and keeping true, accurate, complete and up-to-date information, maintaining the confidentiality and security of your account and credentials, as well as for all activities that occur within your account. Without limiting the foregoing, you warrant that your country of residence and/or incorporation (as applicable) is the same as the country specified in the account and/or billing information provided to us. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, utilization or provision of accounts, resources or access data. You must notify us immediately of any breach of security or unauthorized use of your account that you become aware of.

Content and changes to Content.

If you buy a Single Track License (as defined below),you will be permitted to download a copy of the relevant single Sound Recording. The scope and limitations of the Single Track License may vary, depending on the relevant License agreement.

If you subscribe to a Paid Subscription, you acknowledge and agree that the Paid Subscription grants you access to the LesFM music catalog (i.e. the Sound Recordings), as available at any time during any active Subscription Period (as defined below). You acknowledge and agree that the Content, including the LesFM music catalog, is subject to regular changes and further development and that we have the right to update, add, replace, remove and/or change the Content, in particular the Sound Recordings contained in the LesFM music catalog, at any time during any active Subscription Period (as defined below) for reasonable and valid grounds, for example in order not to violate regulations, laws or rights of third parties or to respond to changed business circumstances, or to improve our offerings. You accept that the Content that is available at any given time might not be available at a later stage. Please note that you may not use any removed Sound Recordings in any new productions after the date of such removal, even if you have downloaded them previously, and this shall not be seen as an amendment of this Agreement, such Paid Subscription, the License or the Site provided hereunder, provided that such changes do not fundamentally alter the character of a License.

Content types and descriptions, such as genres, categories, moods, themes etc., are provided for your convenience only and we do not guarantee their accuracy.

Prohibited uses. You shall comply with any applicable laws and regulations when using our Content and Site, and as noted above, you may only use the Sound Recordings as allowed under a License. In particular, you may not use or in other way exploit the Sound Recordings:

• for the purpose of creating a music listening experience, including, but not limited to, uses where complete or almost complete versions of Sound Recordings, on its own or as part of a compilation, are combined with accompanying visual/narrative elements that are of subordinate importance (such as still image(s), panning motions or other limited animation/video/audio), unless explicitly allowed under a License;
• in any way to repackage Sound Recordings or upload/use them (in whole or in part) as for example audio samples, sound libraries, sound effects, music beds or upload them in any music recognition systems for any purpose, and/or in any way use distribute or otherwise exploit the Sound Recordings as your property; or
• in connection with any material or otherwise in a manner or context that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Sound Recordings. You also may not use the Sound Recordings in connection with sensitive subjects without the prior written consent of LesFM. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like.

No text and data mining; no machine learning analysis. You may not use any automated system (including, without limitation, any robot, spider or offline reader) to view, access or collect information from the Site. LesFM is the exclusive rightsholder of the Sound Recordings made available through the Site as well as the encompassing database. LesFM has opted out from any text and data mining (“TDM”) exceptions or its equivalents, and you may not perform on the Content any form of TDM. You may further not use the Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or in connection with any other application of machine learning analysis or similar technologies. If you are a research organization or a cultural heritage institution and would like to access Content for such purposes, please contact us. Without limiting the generality of the foregoing, any TDM or machine learning application for the purpose of making any commercial use of any results of such TDM or machine learning application is not permitted.

Download restrictions. You agree to comply with, and not in any way circumvent, any download restrictions that we have imposed on the Site and/or your account. We reserve the right to impose and/or change such limitations from time to time. You agree not to download Content through automatic means, or otherwise use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Site in a manner that sends more requests to LesFM or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser. If we, in our sole discretion, assess that you are downloading Content in breach of any download restrictions or for purposes other than the intended use in a License (e.g. in cases of unusual download behaviors), we may block, suspend or limit further downloads.

Intellectual Property Rights

No unauthorized use. You may not transfer, display, perform, make available or otherwise use the Content except as expressly permitted under these Terms and under a valid License.

No proprietary rights. All Content, as well as the LesFM name and other trademarks, is the sole property of LesFM or its licensors. You hereby acknowledge that you do not acquire any proprietary rights under these Terms or a License, and that LesFM does under no circumstances transfer any right, title or interest, in relation to the above, the Site or any Content. Except for the rights expressly granted to you under a License, all such rights, title and interest are reserved and retained by LesFM.

Fees and Payment

Fees and paid Licenses. Within the Site, certain features and Licenses may require payment: Some Licenses are offered for a one-time fee for a specific Sound Recording (also referred to as “Single Track Licenses”) and some Licenses are only offered on a recurring paid subscription basis (also referred to as “Paid Subscription”). You agree to pay, and you hereby authorize us to charge you, all such fees and other charges applicable to any Single Track Licenses, Paid Subscriptions, or the purchase of any other paid Licenses, feature or other service (collectively the “Fees”). If you have signed up for a Paid Subscription, you will be charged, and agree to pay, the applicable subscription Fee at the beginning of each relevant Subscription Period (as defined below), as designated by you when purchasing a Paid Subscription. All Fees are non-refundable except as explicitly provided in these Terms or if you are a Consumer and applicable consumer protection law provides you a mandatory right to a refund.

Payment methods and processing. Payments may be processed through third-party payment methods which we accept or via a third-party app distribution platform or marketplace, as applicable. You must provide accurate billing information, and promptly update any changes to it (such as card numbers and expiry dates). If you are paying via credit or debit card, you warrant that you are the authorized user of the card, and you authorize LesFM and any third party payment processor to collect payment from you, on a recurring basis if applicable, and to take all other necessary billing actions.

Price changes. We may from time to time make changes to Fees and will communicate any changes applicable to you in advance. Price changes to subscription Fees will take effect no earlier than at the start of your Subscription Period following the date of the change. If you do not accept the price change, you may cancel your Paid Subscription at any time prior to such price change, effective upon the expiry of the then-current Subscription Period.