1. INTRODUCTION

The Website Terms And Conditions contained herein, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this "Website"). By using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions.

 

2. INTELLECTUAL PROPERTY RIGHTS

Other than content you own, which you may have opted to include on this Website, under these Terms, 8Dio Productions LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

 

3. RESTRICTIONS

You are expressly and emphatically restricted from:

1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you, and 8Dio Productions LLC  may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

 

4. YOUR CONTENT

Under these Website Terms And Conditions, "Your Content" shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant 8Dio Productions LLC a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party's rights. 8Dio Productions LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

 

5. NO WARRANTIES

This Website is provided "as is," with all faults, and 8Dio Productions LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

 

6. LIMITATION OF LIABILITY

In no event shall 8Dio Productions LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and 8Dio Productions LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

7. INDEMNIFICATION

You hereby indemnify to the fullest extent 8Dio Productions LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

 

8. SEVERABILITY

If any term, covenant, condition or provision of these Website Terms and Conditions, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of these Terms, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

 

9. VARIATION OF TERMS

8Dio Productions LLC is permitted to revise these Terms at any time, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

 

10. ASSIGNMENT

8Dio Productions LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

11. ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between 8Dio Productions LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

12. GOVERNING LAW & JURISDICTION

These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

 

13. ATTORNEYS’ FEES

In any action or proceeding to enforce any of the provisions of this Agreement, the prevailing Party shall recover all costs and expenses, including reasonable attorney fees and expert fees, expended or incurred in connection therewith.


14. PROHIBITION OF USE FOR ARTIFICIAL INTELLIGENCE TRAINING

The use of any instruments, samples or audio content provided by 8Dio Productions LLC, whether standalone or incorporated within musical compositions, for the intention of training, improving, or enhancing artificial intelligence systems, algorithms, or models ("AI Systems") is expressly and categorically forbidden. This prohibition applies retroactively and extends to all past, present, and future uses.

This includes, but is not limited to, any activities related to machine learning, deep learning, neural networks, data mining, or any other operations or utilizations associated with music AI technology.

In addition, this licensing agreement strictly prevents users from selling, licensing, or otherwise distributing music that contains our instruments or samples, if the distribution is intended for AI System training, whether directly or indirectly.

This prohibition applies to all conceivable usage scenarios, regardless of whether 8Dio Productions LLC samples are used directly, indirectly, as standalone, or embedded within AI-infused musical compositions. Any breach of this clause will be deemed a violation of these Terms and Conditions, and 8Dio Productions LLC reserves the right to enforce any and all legal remedies available under these Terms and applicable law.