Terms of Service
Last Updated: April 8, 2026
Welcome to vers1ons!
Thanks for using vers1ons and the products, services, and features we make available to you as part of our Platform (collectively, the "Service"). The Service is provided by ARC-H1VE Inc., a Delaware corporation doing business as vers1ons ("vers1ons," "we," "our," or "us"), and gives users access to the music licensing and distribution services available on our Platform, currently available at www.vers1ons.com and any related URLs (the "Website") and any mobile application we make available from time to time (collectively, the "Platform").
Please read these Terms of Service (the "Terms") carefully before using the Platform, as they affect your legal rights and obligations. By using our Service or Platform, you are agreeing to be bound by them. If you do not agree, please do not use our Service or Platform.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. OUR SERVICES AND PLATFORM ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF EIGHTEEN (18). IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONAL INFORMATION. IF YOU ARE A RESIDENT OF THE UNITED STATES, PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A LIMIT ON YOUR LEGAL REMEDIES, INCLUDING MANDATORY ARBITRATION, JURY TRIAL WAIVER, A CLASS ACTION WAIVER, AND LIMITATION OF LIABILITY. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE. YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THESE TERMS IF (1) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH VERS1ONS; OR (2) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU USE THE SERVICES.
User Agreement & Your Vers1ons Account
These Terms, together with any other terms that may be posted from time to time on our Platform (which are incorporated by this reference) and any applicable User-to-User Agreements entered into by you, shall govern your use of the Platform or the Services (the "User Agreement"). By accessing or using the Platform or the Services, you agree to be bound by this User Agreement. If you use the Platform or Services (or open a vers1ons account) on behalf of a group, company, entity, or organization (each being a "Group"), then you represent and warrant that you: (i) are an authorized representative of the Group with the authority to bind the Group to this User Agreement; and (ii) shall procure that all members of your Group shall comply with this User Agreement.
We may add, delete, or amend parts of this User Agreement at our sole discretion and at any time without prior notice to you. Please refer to this User Agreement as posted on the Website from time to time to make sure you are aware of any changes. By continuing to use the Platform you agree to be bound by the then-current User Agreement as revised and posted here.
You will have to create an account to access some features of the Services. Account creation may require you to meet various identity verification requirements and provide us with associated materials. You agree to provide to vers1ons only information that is true, accurate, complete, and not misleading, and to ensure that all such information is kept accurate and up-to-date all times. When you register for a user account you will be asked to provide a username and a password. As you will be responsible for all activities that occur under your username and/or password, you must keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you agree to immediately notify vers1ons. You may be liable for any loss incurred by vers1ons (or other users) resulting from any unauthorized use of your account. You further agree to not select or use, as an account name or User Submission identifier, any name that is already in use, impersonates another user or Group, or that (in our sole discretion) is offensive.
We may, at any time, terminate this User Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by applicable law, or if continuation is likely to be no longer commercially viable. You may terminate this User Agreement at any time on ninety (90) days' notice by closing your account in accordance with the account closing procedures set out on the Website. Termination of this User Agreement will not (i) release either party from any of its obligations hereunder which are intended to have a continuing effect or (ii) release you from any of your obligations under a User-to-User Agreement entered into by you on the Platform.
Accounts may be permanently disabled due to prolonged inactivity (based on a combination of listening, uploading, logging in, and the date an account was created). Please note that you may not be able to tell whether an account is currently inactive, as not all signs of account activity are publicly visible.
Description of Services
The Platform provides users with access to a range of Services and online tools, including the ability to upload, license, download, remix, and distribute audio content (provided that any audio distributed through the Platform is distributed with the permission of the applicable copyright owners and rightsholders). Unless otherwise stated, any new features or tools that are added to our Services or Platform are subject to this User Agreement. We may add, amend or remove, or impose limits or restrictions on, any feature or aspect of the Platform or the Services at any time without notice to you.
Vers1ons' Intellectual Property and License
All content and materials and the copyrights, trademark rights, database rights, design rights, and other intellectual property rights subsisting in any element or aspect of the Platform, including without limitation source and object code, documentation, software, graphics, text, images, designs, videos, sounds, animations, databases, logos, domain names, trade names, and trade identities (together, the "Content"), is the property of vers1ons and/or its licensors. For the avoidance of doubt, User Submissions (as defined below) and other content submitted by users to the Platform is and shall remain the property of the relevant user or other licensor.
Unless expressly granted hereunder, no rights in or to the Content are granted to you. The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, side-loading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information, or restrictions in respect of the Platform contained in any part of the Platform.
Subject to your strict compliance with this User Agreement, vers1ons grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to: listen to audio streamed from the Platform; submit or upload audio, images, and other content to the Platform; embed vers1ons widgets on your personal website, blog, or social network profile pages for non-commercial and private use only; utilize the User-to-User Agreements available on the Platform; and participate in the vers1ons social features and communicate with other members of the vers1ons community. vers1ons reserves the right, in its sole discretion, to determine whether such use constitutes commercial use or otherwise involves commercial gain.
vers1ons, its affiliates, and other designees shall have the right (but not the obligation) to refuse to post or otherwise use, and/or to remove or withdraw any User Submission (or other user-generated content on the Platform) in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
Privacy Policy
Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services or Platform.
Linking and Widget Policy
Links and widgets enable our users to share vers1ons with their friends. You are strictly prohibited from using any of the vers1ons widgets for any form of commercial use or non-personal / individual use (unless pursuant to prior written consent and an agreement from vers1ons). Any link to the Website or vers1ons widget shall be subject always to the following: you may not use any vers1ons link or widget for any commercial use or non-personal / individual use; you may link to, but not extract, copy, replicate, or retransmit any Content; the widget must remain visible and unrestricted in its entirety on the website, including for the avoidance of doubt the vers1ons logo being visible and a user being able to click through to www.vers1ons.com; you may not imply that vers1ons endorses or sponsors any third-party website or product; you may not present false or misleading information about vers1ons or its products or services; and your (and each relevant third party's) website may not contain any content that is illegal, obscene, or defamatory, or that could be construed (in our sole discretion in each instance) as distasteful, offensive, or controversial, or support, endorse, or encourage piracy or unauthorized use of intellectual property rights.
If you are the operator of a commercial or non-personal website and would like to include vers1ons widgets, or if you would like to request use of widgets for commercial purposes, please contact us at support@vers1ons.com. vers1ons reserves the right to object to and/or remove links or block vers1ons widgets at any time and for any reason in its absolute discretion.
User Code of Conduct
You may access and use the Platform or Services as long as you comply with the User Agreement and applicable law in each instance. The following conditions govern your use of the Services. You agree that you will:
- not use the Platform or the Services for any purpose that is unlawful or prohibited by this User Agreement or any User-to-User Agreement entered into by you and to comply with applicable law. Access to or use of the Platform from territories where such access or use is unlawful is strictly prohibited. You further agree not to engage in unauthorized sharing of any Content or User Submissions (including, without limitation, individual sound recordings embodied in them) with any other user of the Platform or any third party;
- not use the Platform other than for your own personal, private use, and/or reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any item in or element of the Platform except as permitted by the User Agreement or an applicable User-to-User Agreement;
- not defame, harass, abuse, threaten, stalk, or defraud other users of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent;
- not intentionally interfere with or damage, circumvent, impair, fraudulently engage with, or disable the operation of the Platform or any other user's enjoyment of it, by any means (including without limitation uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code);
- not access the Service using any automated means (such as robots, botnets, or scrapers);
- not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Platform, including without limitation features that prevent or restrict the use or copying or that enforce limitations on the use of the Platform;
- not attempt (and not assist or facilitate others to attempt) to gain unauthorized access to the Platform (or any part of it or accounts, computer systems, or networks connected to the Platform) through hacking, password mining, or any other means; or interfere (and not attempt to interfere) with the proper working of the Platform or any activities conducted on the Platform;
- not obtain or attempt to obtain any Content through any means not intentionally made available by vers1ons through the Platform, not modify the Platform in any manner or form, and not use any modified version of the Platform for any reason (including, without limitation, for purposes of obtaining unauthorized access to the Platform);
- not use any robot, spider, scraper, or other automated means to access the Platform for any purpose or bypass our robot exclusion headers or other measures we may use from time to time;
- not utilize framing techniques to enclose or otherwise in relation to any trademark, logo, or other Content or use any meta-tags or any other "hidden text" involving vers1ons' Content;
- promptly on request remove any links that vers1ons determines may be objectionable in its sole discretion, and not use any vers1ons logos, graphics, or trademarks as part of any link;
- not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users (including without limitation unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- not reverse engineer, decompile, disassemble, or otherwise attempt to discover or reveal the source code of the Platform or any part thereof;
- not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- not modify, adapt, or translate the Platform or any part thereof;
- not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform; or
- not use the Platform for any purposes whatsoever connected with generative artificial intelligence (AI) technologies that have been trained on copyright-protected content on the Platform, unless such use has been authorized by all relevant rights holders. For the avoidance of doubt, this prohibits: (i) scraping any text, media, or other data or content from the Platform, including through the use of scripts, robots, bots, spiders, scrapers, crawlers, or other automated means; (ii) text and data mining of content, including where collected through the use of robots or other automated data gathering and/or extraction tools; and (iii) training any machine learning or AI model using data or content from the Platform, or otherwise ingesting any data or content from the Platform into a machine learning or AI model.
User Feedback
We welcome and value feedback from our customers regarding our products, Services, and Platform. By submitting any feedback, suggestions, ideas, or other information related to our company or offerings ("Feedback"), you agree to the following:
All Feedback you provide to us will be considered non-confidential and non-proprietary. We are under no obligation to keep any Feedback you submit confidential or to take steps to ensure its confidentiality. By submitting Feedback, you grant vers1ons a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any form and for any purpose, including but not limited to improving our products and services, without any compensation or acknowledgment to you. While we appreciate your input, we are not obligated to review, implement, or respond to any Feedback and reserve the right to use or disregard any Feedback at our sole discretion. By submitting Feedback, you represent and warrant that (i) you have the right to provide the Feedback; (ii) the Feedback does not violate the rights of any third party; and (iii) your Feedback does not contain any confidential or proprietary information of third parties.
If you do not agree to these terms, please do not submit any Feedback to us.
User Submissions
Using the Platform, you may submit and post sound recordings, musical compositions, other audio, images, commentary, or any other content ("User Submissions") and host, share, and/or publish those User Submissions or make those User Submissions available to other users for remixing or other uses. User Submissions are made available to users via the Platform for entertainment and informational purposes only and are not controlled by vers1ons. vers1ons makes no warranty or representation that it will publish any particular User Submissions in any way and we may or may not use your User Submissions in our sole discretion. vers1ons may, in its sole discretion, remove User Submissions. You accept, acknowledge, and agree that vers1ons does not guarantee confidentiality with respect to any User Submission under any circumstances.
As between you and vers1ons, you shall retain all ownership rights in your User Submissions. However, by submitting User Submissions to vers1ons, you hereby grant vers1ons and its affiliates a non-exclusive, fully paid-up, royalty-free, sublicensable, and transferable license, throughout the universe, to use, reproduce, distribute, perform, and otherwise exploit your User Submissions in connection with the Platform or the Services. Additionally, you hereby grant to vers1ons and its affiliates, sub-licensees, and successors the right to use the name(s) and likeness that you submit in connection with your User Submission(s) and you hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submission(s). For the avoidance of doubt (and notwithstanding any sub-licenses we grant), you hereby grant to each user of the Platform with whom you enter into a User-to-User Agreement a non-exclusive license to access and download your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by (and subject to) the terms of the applicable User-to-User Agreement and the functionality of the Platform.
You shall be solely responsible for the creation and upload of, and for any and all consequences of posting or publishing, your own User Submissions. In connection with your User Submissions, you agree that you will not: (i) publish any misrepresentation or any information that may damage or disparage vers1ons or any third party; (ii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (iv) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) include any content that may be harmful to minors in any manner.
vers1ons does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will vers1ons be liable in any way for or in connection with any User Submission (including without limitation any inaccuracies, errors, or omissions or any intellectual property infringement in relation to any User Submission) or for any loss or damage of any kind incurred as a result of the use of any User Submission or any other content posted, electronically-mailed, or otherwise displayed or transmitted by a user via the Platform.
You acknowledge and agree that all user-generated content on the Platform (including without limitation each User Submission) is the sole responsibility of the person from whom such content originated, and that you, and not vers1ons, shall be entirely responsible for the content that you upload, post, e-mail, transmit, or otherwise make available through the Platform. vers1ons does not monitor, change, or control content posted by users and vers1ons has no obligation to do so.
Any registered user may upload User Submissions that comprise his/her (or their Group's) own self-composed and self-recorded music tracks for on-demand streaming or remixing by other users. vers1ons reserves the right to accept, refuse, make available (individually or within bundles), cut, edit, crop, arrange, and/or withdraw any User Submissions at any time for any reason in our sole discretion in each instance.
From time to time, you may enter into Remix License Agreements, Subsequent Remix License Agreements, and other agreements with other users of the Platform in connection with User Submissions (collectively, "User-to-User Agreements"). You acknowledge that while vers1ons is not a party to the User-to-User Agreements, it is an intended third-party beneficiary of such agreements. You undertake to comply with and fully perform all obligations of the User-to-User Agreements entered into by you.
You accept that all distribution and exploitation of the resulting remixes, derivative works, and/or other deliverables and output arising from the User-to-User Agreements (together, the "Remixed Content") may only be commercially distributed and/or exploited strictly in accordance with the applicable User-to-User Agreements and this User Agreement, and only through the Platform via its then-current authorized distribution partners (the "Authorized Distributors"). For the avoidance of doubt, you acknowledge and agree that you may distribute Remixed Content only through the Platform and not directly through an Authorized Distributor or any other distributor.
You may be required to register with applicable Authorized Distributors and accept their applicable terms and conditions, privacy policies, and other documents as a condition of their distribution or exploitation of the Remixed Content.
vers1ons will use its reasonable endeavors to facilitate the payment of license fees (after deducting vers1ons' transaction fee) to users and other authorized royalty participants in accordance with the terms of valid User-to-User Agreements entered into on the Platform, provided that: (a) all such payments are made as an accommodation to and on behalf of the applicable payor user set out in the relevant User-to-User Agreement and vers1ons shall not be liable for any failure to pay or inaccurate accounting; (b) vers1ons receives all necessary information, tax forms, and other documentation required by each payee; (c) all applicable payees have registered with the Service and accepted these Terms; and (d) vers1ons has actually received the relevant payments from the users and/or Authorized Distributors, as applicable.
As further expressed in a Remix License Agreement, you must have written confirmation and approval, as facilitated by the Platform or otherwise, from all rightsholders owning or controlling rights in musical compositions and other content embodied in User Submissions.
You agree to release vers1ons from any such liability for all losses, damages, and costs it may incur or sustain as a result of a user's breach of User-to-User Agreements and/or the provision of inaccurate, incomplete, or incorrect information and data.
You are solely responsible for making backup copies of any and all User Submissions and Remixed Content. Do not rely on vers1ons as a primary storage space for your content. For the avoidance of doubt, you shall be solely responsible and liable for any and all taxes levied on you in connection with User Submissions and Remixed Content.
Removal of Content by Vers1ons
If any of your User Submissions or Remixed Content: (1) is in breach of these Terms, the User Agreement, or any User-to-User Agreement; or (2) may cause harm to vers1ons, our users, or third parties, we reserve the right to remove or take down some or all of such content in our discretion. We will notify you of the reason for our action unless we reasonably believe that doing so: (a) would breach the applicable law or the direction of a legal enforcement authority or would otherwise risk legal liability for vers1ons or our affiliates; (b) would compromise an investigation or the integrity or operation of the Service or the Platform; or (c) would cause harm to any user, other third party, vers1ons, or our affiliates.
Representations, Warranties, and Indemnities
vers1ons represents and warrants that it has due authority and capacity to enter into and perform its obligations under this User Agreement.
You represent and warrant that:
- you have all necessary licenses, rights, consents, and permissions to use and to authorize vers1ons to reproduce, publicly perform, and otherwise use all User Submissions and Remixed Content uploaded by you or created by you using our Platform or the Services;
- you understand that vers1ons is acting solely as an intermediary and storing User Submissions, Remixed Content, and any other user content you create, upload, or submit to the Platform, and the agreement between you and other users in respect of the remixing or exploitation of your User Submissions and Remixed Content shall be governed by the applicable User-to-User Agreement;
- you have taken no steps, either directly or indirectly, to intentionally defeat any technological measures implemented by vers1ons to ensure compliance with any laws or regulations and, when using the Platform for audio streaming, you will not interfere with the streaming mechanism of the Platform;
- all User Submissions and Remixed Content uploaded by you to the Platform or created by you through the Platform (a) shall include the complete and correct titles of each embodied sound recording (i.e., song names) and featured recording artist name; (b) has no misidentified or incorrect metadata; (c) is sourced from a lawfully-obtained or accessed sound recording (and not from any illegally-acquired content, including any content downloaded from unauthorized or illegal peer-to-peer file sharing services); and (d) in the case of User Submissions, has been or is being publicly released or being uploaded to the Platform with permission of the relevant copyright owners (e.g., the audio content is not from a bootleg recording or unauthorized remix or recording);
- in connection with your User Submissions and Remixed Content: (a) you own, or have the necessary licenses, rights, consents, and permissions to use (and to authorize vers1ons to use) all patent, trademark, copyright, and/or other proprietary rights in and to each such User Submission, to enable inclusion and use of each User Submission and Remixed Content in the manner contemplated (and to grant the rights listed) hereunder, and (b) each such User Submission, Remixed Content, vers1ons' use thereof (and vers1ons' exercise of the rights granted by you) hereunder, shall not: (i) infringe, violate, or misappropriate any third-party right, including without limitation any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) violate any applicable law or regulation;
- you and each royalty participant approving the submission of User Submissions and/or Remixed Content hereunder are a member of ASCAP, BMI, or SESAC, or are not a member of any performing and/or mechanical collective management organization (each, a "PRO");
- if you are (or if any co-composer is) a member of a PRO (or if any composition is subject to the rights of any PRO), then you hereby issue to vers1ons a direct license to perform and reproduce all musical compositions submitted to the Platform and you shall timely issue a valid and effective notice to such PRO(s) of such direct license;
- you shall (and shall procure that your co-creators, if any) waive any right, requirement, or obligation for any PRO to collect (on your behalf or on behalf of any such co-creator(s)) any fee from vers1ons for use hereunder of User Submissions and Remixed Content;
- you are not (and shall not be) in breach of any recording, publishing, or commissioning contract with any record company, label, publisher, or other third party by uploading or making available User Submissions or Remixed Content, by entering into or granting any rights to vers1ons hereunder, or by entering into any User-to-User Agreements; and
- you have provided vers1ons at the time of upload with all requested information and all such information is accurate, complete, and not misleading.
You understand and agree that when using the Platform, you will be exposed to User Submissions and other content from a wide variety of sources, and you agree that vers1ons shall not be responsible or liable for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to any such content. Specifically, you accept and agree that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against vers1ons in relation thereto.
You agree to indemnify, defend, and hold harmless, and keep vers1ons and its subsidiaries, affiliates, directors, officers, employees, and representatives (together, the "VERS1ONS ENTITIES") fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys' fees incurred by any vers1ons Entity and arising out of or in connection with: (a) your misuse of the Platform; (b) your violation of this User Agreement, any User-to-User Agreement, or any law, rule, or regulation; (c) your misuse of the Content, User Submissions, or Remixed Content; or (d) your placement or transmission of any of your User Submissions, Remixed Content, or any other content or materials on or through the Platform. You agree to cooperate as fully and reasonably as required by vers1ons in the defense of any such claim. Notwithstanding the foregoing, vers1ons retains the exclusive right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions, or causes of action which are brought against vers1ons under the terms and provisions of this indemnity, and in no event shall you settle any such claim without vers1ons' prior written approval in each instance.
Disclaimer of Warranties
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VERS1ONS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT, USER SUBMISSIONS, OR REMIXED CONTENT; (C) THE SERVICES OR FUNCTIONS ACCESSIBLE THROUGH THE PLATFORM; (D) THE MESSAGES, CONTENT, AND/OR INFORMATION SENT FROM OR THROUGH THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. VERS1ONS DOES NOT WARRANT THAT AVAILABILITY OF THE PLATFORM, ANY OF THE PLATFORM'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VERS1ONS DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, VERS1ONS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTY THEREOF TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OR SERVICES MADE AVAILABLE ON THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES, OR THE CONTENT. FURTHER, VERS1ONS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE VERS1ONS ENTITIES SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR YOUR UNAUTHORIZED USE OF THE PLATFORM OR THE SERVICES. WHERE ANY JURISDICTION LIMITS OR DISALLOWS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THIS DISCLAIMER SHALL NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
WITHOUT LIMITATION TO ANY OTHER TERMS HEREUNDER, YOU UNDERSTAND AND AGREE THAT VERS1ONS FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS FOLLOWS: UNDER NO CIRCUMSTANCES SHALL ANY VERS1ONS ENTITY BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES RELATED TO (1) THE PLATFORM, THE CONTENT, OR USER SUBMISSIONS OR REMIXED CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY VERS1ONS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE VERS1ONS ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). NOTHING IN THIS USER AGREEMENT LIMITS OR EXCLUDES VERS1ONS' LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
IF ANY TERM IN THIS USER AGREEMENT IS DETERMINED TO BE ILLEGAL, INVALID, OR OTHERWISE UNENFORCEABLE BY REASON OF APPLICABLE LAW, THEN TO THE EXTENT AND WITHIN SUCH JURISDICTION, IT SHALL BE SEVERED AND DELETED FROM THIS USER AGREEMENT AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.
THE VERS1ONS ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USING THE PLATFORM AND THE CONTENT. YOU ACCEPT AND AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF VERS1ONS' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY VERS1ONS AND/OR ITS SUBSIDIARIES AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY VERS1ONS WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
YOU AGREE THAT THE LIABILITY OF VERS1ONS TO YOU HEREUNDER SHALL BE LIMITED TO THE TOTAL AMOUNTS PAID BY VERS1ONS TO YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF GREATER, $100.
DMCA Notice - Notice and Procedure for Making Claims of Copyright Infringement
vers1ons' policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Copyright-infringing materials found on the Platform can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide vers1ons' copyright agent with the following written information. Please note that this procedure is exclusively for notifying vers1ons that your copyrighted material has been infringed. vers1ons does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses against a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, vers1ons will respond by either taking down the allegedly infringing content or blocking access to it. vers1ons may contact the notice provider to request additional information. Under the DMCA, vers1ons is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send vers1ons a counter-notification. Notices and counter-notices are legal notices distinct from regular Platform activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
A DMCA notice must: (i) identify specifically the copyrighted work(s) believed to have been infringed; (ii) identify the content on the Platform that is claimed to be infringing, with reasonably sufficient information to enable us to locate it, including clear screenshots for identification purposes; (iii) provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email; (iv) if available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred); (v) include the statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; (vi) include the statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; (vii) be signed; and (viii) be sent to our DMCA designated agent at: 116 S. Mansfield Ave., Los Angeles, CA 90036.
We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
Third-Party Links
The Services or our Platform may contain links or references to websites, platforms, and applications maintained, controlled, or owned by third parties ("Third-Party Sites") over which vers1ons has no control. Those Third-Party Sites may collect and use data from you such as content or personal information. Any content or personal information you provide when using those Third-Party Sites is subject to the terms and conditions and privacy policies of those Third-Party Sites. Inclusion of any link to Third-Party Sites within the Services does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third-Party Sites by vers1ons. vers1ons makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such Third-Party Sites and shall have no liability for any damages or injuries of any kind arising from the use of such Third-Party Sites or any content or information contained in such Third-Party Sites.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Website or in the Platform that contains typographical errors, inaccuracies, or omissions that may relate to Remixed Content such as pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Services or related website is inaccurate without prior notice (including after submitting your order). We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation pricing information, except as required by applicable law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or related website has been modified or updated.
Governing Law and Dispute Resolution
Please read this section carefully as it applies to you to the extent your usual place of residence permits binding arbitration in contracts between parties and may affect rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section shall survive termination of this User Agreement.
Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, your use of our Services, and your relationship with us. Any dispute or claim arising out of or relating to these Terms, including issues of validity, termination, and/or arbitrability, as well as use of the Services and your relationship with vers1ons or any subsidiary, parent, or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration.
Informal Dispute Procedures
For all disputes, whether pursued in court or arbitration, you must first send a letter (by first class or registered mail) with a written description of your claim to our Legal Department at 116 S. Mansfield Ave., Los Angeles, CA 90036 to allow us an opportunity to resolve the dispute ("Claim Notice"). You and vers1ons each agree to negotiate your claim in good faith. Both you and vers1ons agree that the dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days from the date we receive the Claim Notice.
Arbitration Procedures
To the extent you cannot resolve any dispute through the informal dispute resolution procedure described above, the dispute shall be resolved through binding individual arbitration in accordance with the Commercial Rules of the American Arbitration Association ("AAA"), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at (800) 778-7879. You and vers1ons agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. The seat, or legal place, of any arbitration will be in Los Angeles, California, but hearings may be held in a reasonably convenient location in the jurisdiction in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by AAA Rules. Each party will bear the filing fees, fees, and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration. However, for claims under USD $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, bad faith, or with an improper purpose, we agree not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver
You may only bring claims in your individual capacity and on your own behalf, and no claims you bring may be joined or consolidated with any claims brought by any other party, without the written consent of all parties, regardless of venue. You further understand that by agreeing to these Terms, you expressly waive your right to a jury trial, to participate in or bring class, collective, or mass action, private attorney general action, or any other proceeding brought against us by someone else.
General
This User Agreement (including any and all additional terms posted on the Website or our Platform from time to time) contains the entire agreement between vers1ons and you with respect to the Platform, the Content, and User Submissions, and supersedes any and all other prior written or oral agreements relating to it.
If any provision of this User Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this User Agreement.
vers1ons and all rightsholders expressly reserve (unless agreed otherwise) their rights in such text, media, data, or content, including for the purposes of Article 4(3) of Directive 2019/790/EC, and its implementing or related legislation in all EEA member states.
No waiver on the part of vers1ons of any term of this User Agreement will be of force or effect unless made in writing and signed by a duly authorized officer of vers1ons, and any failure by vers1ons to exercise or enforce any right hereunder shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
Nothing in this User Agreement is intended to confer on any third party (whether referred to in this User Agreement by name, class, description, or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this User Agreement.
Nothing in this User Agreement shall create any partnership, client, fiduciary, or other professional or employment relationship between vers1ons and you.
Contact
For questions about this User Agreement, please contact us at support@vers1ons.com.
