Terms & Conditions and Artificial Streams & Earnings Policy Updates: April 2025
We have updated our Terms & Conditions and our Policy on Artificial Manipulation of Streams & Earnings. The updates are intended to strengthen the penalties for copyright infringement, fraudulent behaviour and artificial manipulation of streams, but we have also taken the opportunity to do some general ‘tidying up’ of our Terms & Conditions.
The previous version of the Policy on Artificial Manipulation of Streams can be viewed here.
The new version of the Policy on Artificial Manipulation of Streams can be viewed here.
Here is a full list of all changes to the Policy on Artificial Manipulation of Streams & Earnings:
Dishonest Behaviour Paragraph
This has been updated to clarify that penalties for any dishonest behaviour can be three strikes. This will mainly be applied in cases where your recording has been used for so called parasite-abuse. This is where your recording has been incorporated into a video containing third party copyrighted material (including but not limited to episodes of popular tv shows, music videos by famous artists, etc) in order to generate views, and therefore royalties. We also, however, reserve the right to apply three strikes for any other behaviour we deem to be dishonest.
The previous version of the Terms & Conditions can be viewed here.
The new version of the Terms & Conditions can be viewed here.
The changes that have been made are:
Clause 1.1
“additional support services” updated to “Additional Support Services” and a definition added to definitions section.
“Unit 5.02” updated to “Studio 5.11”.
Clause 1.3
“These terms and conditions constitute the entire terms and conditions upon which EmuBands provides the Service” updated to “These Terms and Conditions constitute the entire agreement (“Agreement”) upon which EmuBands provides the Service”.
“They supersede” updated to “These Terms and Conditions supersede”.
Clause 1.4
“the terms and conditions” updated to “these Terms and Conditions”.
Clause 1.5
“We may process your data for carefully considered purposes which enable us to enhance the service we provide” updated to “We process your personal data for the purposes of providing the Service to you. We may further process your personal data for carefully considered purposes which enable us to enhance the Service we provide to you.”
Definitions
“Additional Support Services” definition added (“Additional Support Services” means any additions to the Service as agreed between the parties, excluding distribution services.”)
“Services” definition added (“Services” means the provision of digital content distribution.”)
Clause 2.1
“to accept or reject” updated to “to either accept or reject”.
Clause 2.3
Added the text: “In circumstances where these changes are significant, we will inform you via email or through notifications on the EmuBands dashboard.”
Clause 3.1
“for the purposes envisaged and outlined by the Agreement” updated to “for the purposes of delivering the Service”
“in connection therewith” updated to “in connection therewith for the purposes of delivering the Service.”
Clause 3.2
“Digital Service Providers” updated to “third party Digital Service Providers”.
Clause 3.4
“territory specific societies” updated to “territory specific collection societies”.
“PPLUK” updated to “PPL”.
Clause 4.17
“limitation” updated to “limitation;”
“but excluding the Rightsholder’s Intellectual Property in the Information and the Website” updated to “(excluding the Rightsholder’s Intellectual Property in the Information and the Website)”.
Clause 5.1
“has been accepted” updated to “has been fully accepted”.
Clause 5.2
“When doing so” updated to “In doing so”.
“You agree that you will be responsible for ensuring that such security information is accurate, kept secure and confidential at all times” updated to “You agree that you are responsible for ensuring that such security information is accurate and kept up to date, and shall remain secure and confidential at all times”.
Clause 5.7
“are owned by the client, or that the client has permission from the rightful owner” updated to “are owned entirely by the client, or that the client has explicit permission from the rightful owner”.
Clause 5.8
“gaining permission” updated to “gaining any and all permission(s)”.
Clause 5.11.2
“to be distributed, either initially when creating an Order” updated to “Release to be distributed, when creating an Order”
Clause 5.11.3
“choosing any additional Services” updated to “choosing any Additional Support Services”.
Clause 5.12
“for revision” updated to “for any revision”.
Clause 5.14
Hyperlink to the EmuBands “Policy on Artificial Manipulation of Streams & Earnings” added to the text “Streaming Manipulation”.
Clause 5.16
“copyright infringement, fraudulent activity, Streaming Manipulation” updated to “copyright infringement, fraudulent activity, Streaming Manipulation (or combination thereof)”
“Copyright Designs and Patents Act 1988” updated to “Copyright Designs and Patents Act 1988 including any renewals hereunder”
Clause 5.18
“any and all reasonable information that EmuBands require to conduct the investigation.” updated to “any and all required information needed to allow EmuBands to conduct the investigation.”
Clause 5.19
“Streaming Manipulation” updated to “copyright infringement, fraudulent activity or Streaming Manipulation (or combination thereof)”
Clause 5.20
“Streaming Manipulation” updated to “copyright infringement, fraudulent activity or Streaming Manipulation (or combination thereof)”
Clause 5.21
“Streaming Manipulation” updated to “copyright infringement, fraudulent activity or Streaming Manipulation (or combination thereof)”
Clause 5.22
Text added: “EmuBands, shall hold any payments of royalties otherwise due to you for the maximum period of three (3) years during which time the Client may appeal any decisions taken by EmuBands. In the instance where any such payment of royalties otherwise due to you remains unpaid or any appeal claim has been unsuccessful, EmuBands shall be entitled to use said royalties as it sees fit.”
Clause 5.24
“debt collectors to obtain the amounts on our behalf” updated to “third parties to obtain any amounts due on our behalf”.
Clause 5.25
Text added: “in the above instance”.
Clause 8.6
“we reserve” updated to “EmuBands reserves”.
“other legal action” updated to “or other legal action applicable”.
Clause 9.1
“EmuBands receipts’” updated to “EmuBands’ receipts”.
Clause 9.7
“a 1 (One Pound) administration charge” updated to “a £1 (One Pound) administration charge”
Clause 10.2
“EmuBands shall issue so-called takedown notices” updated to “EmuBands shall issue takedown notices”.
“fourteen day” updated to “fourteen-day”.
Clause 10.4
“becomes insolvent or put into liquidation or administration or otherwise ceases to carry on business” updated to “becomes insolvent, enters into a liquidation or administration process (voluntarily or otherwise), or otherwise ceases to carry on business or if EmuBands is informed of or has reason to believe that the Client is engaged in any illegal or fraudulent activity”.
Clause 10.5
“Further to the behaviour as defined as a Material Breach” updated to “Further to any Material Breach”.
“the Agreement with a user” updated to “the Agreement with a Client”.
“in any way including” updated to “in any way including but not limited to”.
Clause 12.3
“(including usernames and passwords for any sub-accounts” updated to “(including any usernames and passwords for any sub-accounts)”.
Clause 12.4
“anti-spyware software” updated to “anti-spyware software which is compatible with EmuBands’ platform’.
Clause 12.9
“EmuBands do not take any responsibility” updated to “EmuBands takes no responsibility”.
Clause 13.1
“Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part” updated to “You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part without our prior express written permission”.
“for your personal non-commercial use” updated to “solely for your personal non-commercial use”.
Clause 15.1
“inappropriate or malicious behaviour including but not limited to actions such as the artificial manipulation of streams or otherwise fraudulently earning royalties or of copyright infringement or of any infringement of any third-party Intellectual Property” updated to “any inappropriate or malicious behaviour, or any copyright infringement, fraudulent activity, Streaming Manipulation or breach of any other Intellectual Property right hereunder referred to or as designed under the Copyright Designs and Patents Act 1988”
Clause 17
“Unit 5.02” updated to “Studio 5.11”
Clause 18.1
“Please read our Privacy Policy” updated to “By providing the Service to you, you are deemed to have read and accepted our Privacy Policy”
Clause 20.1
“thirdparty” updated to “third-party”.
“without our written consent” updated to “without our express written consent.”
Clause 21.1
“These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated” updated to “These terms and conditions constitutes the entire agreement and understanding between EmuBands and the Client and supersedes and extinguishes all previous agreement, promises, assurances, warranties, representations and understanding between the parties, whether written or oral, relating to its subject matter”
“Your use of this Website, any downloaded material from it and the operation of these Conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the jurisdiction of the Scottish courts” moved to its own section, now clause 21.2.
Clause 21.2
Clause renumbered 21.3
Clause 21.3
Clause renumbered 21.4 and text changed from “The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder” to “If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this Clause 21 shall bit affect the validity and enforceability of the rest of this Agreement”.
Clause 21.5
New clause added “No variation of this Agreement shall be effective unless it is in writing and signed by both parties subject to the Agreement expressly stating that it is a variation or amendment to this Agreement”.
Once again, we thank you for your patience and understanding while we continue to combat unfair practices within our industry. For genuine artists and rightsholders, as always, we remain at your service to help you make the most of your career.