Updated: May 8, 2023

These terms and conditions (“Terms”) apply to the Arcade service (available at: Output.com), including all features and functionalities, website, and user interfaces, as well as all content and software associated with the service (“Arcade”). These Terms are legally binding between you and Output Inc. (“Output”). By using Arcade, you acknowledge that you have read, understand and agree to these Terms and our Privacy Policy. We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear at Output.com with the date that it was last updated. By using Arcade after any changes have been posted, you agree to the new terms.

Children

By using Arcade, you represent and warrant you are at least 18 years of age.

For persons under 13 years of age, Arcade is not directed to you and you must not use or access Arcade at any time or in any manner.

For persons under 18 years of age, you affirm that you possess the legal consent of your parent or guardian to access and use Arcade.

Your Account

In order to use Arcade and gain access to the digital audio content such as loops and samples (“Audio Content Files”), you must create an account by providing a valid email address, password and other information prompted by the registration form. You are responsible for your own account, including ensuring your login details, such as your password, are secure. If for whatever reason you believe your login information has been compromised or used by someone else, please email us at [email protected] immediately.

License

All Audio Content Files are licensed to you on a royalty-free basis. You are granted a non-exclusive, non-transferable, perpetual right to use the Audio Content Files in new original recordings and/or compositions such as music or video productions (“New Work”). Therefore, subject to the License Restrictions, you may modify, reproduce, publicly perform, distribute, broadcast, sublicense, and otherwise use the Audio Content Files in a New Work, including for commercial purposes.

The legal rights to all Audio Content Files within Arcade are owned by Output or third parties who have licensed audio content to Output for this specific use. All Audio Content Files licensed to Output are available to you on a royalty-free basis and do not require further clearance from the original owner.

Representations and Warranties

We represent and warrant that: (a) the Audio Content Files are original; (b) Output has all necessary rights in and to the Audio Content Files; and (c) your use of the Audio Content Files hereunder will not require any payment to any third-party.

License Restrictions

You may not use the Audio Content Files or Arcade, including the User Interface, in a manner competitive to Output or its licensors. You may not sell, loan, share, lend, broadcast, rent, lease, assign, distribute, sublicense, or transfer the Audio Content Files in isolation as individual loops or samples to a third party except as incorporated into a New Work. Additionally, you may not use the name, image, or likeness of the Lines associated with the Audio Content Files in any way without the written permission of Output.

The usage of the Audio Content Files for the creation of a sound library for any kind of synthesizer, virtual instrument, sample pack, loop pack, sample-based product or other musical instrument is strictly prohibited.

Ownership

Subject to the License Restrictions, you shall own the intellectual property and copyright of any User Generated Content, for example a music/audio production, you create using Arcade and the Audio Content Files.

Subscription Payments

A subscription allows you to access Arcade and the Audio Content Files and is required for all users. A subscription may be purchased through Output’s website and is for a single user unless specified otherwise. Unless you have a free trial, your subscription payment will auto-renew for the billing term that you selected at the time of purchase. Monthly subscriptions will renew every thirty (30) days until you cancel it. Annual subscriptions will renew every twelve (12) months. You may cancel your subscription by logging in to your account at Output.com and visiting the billing section. You must cancel your subscription before the renewal date in order to avoid a charge for the next billing cycle.

Subscription Price

Output may at any time change the price and billing method of the subscription. In this event, you will be notified immediately by a notification within Arcade, or via email.

Cancellation

You may cancel your subscription to Arcade at any time, after which all auto-renewals will be canceled. To cancel your subscription, login to your account at Output.com and visit the billing section.

Refunds

Monthly subscriptions are non-refundable and non-returnable. In order to avoid further subscription charges, cancel your subscription before the next billing period by logging in to your account at output.com and visit the billing section.

Annual subscriptions are refundable within the first 30 days after purchase. To receive a refund, email [email protected] with the subject “Arcade Refund Request,” or submit a support ticket to our team at support.output.com.

European Union Right To Withdraw

If you are a resident of the European Union, you may have the right to a refund within fourteen (14) days of purchasing your subscription. To exercise this right, please email [email protected]

Service Changes

The features and functionality of Arcade, including the Audio Content Files, may change from time to time without notice. This may include changes in audio files, images, names, features and functionality.

Service Interruptions

We do not guarantee that Arcade or its Audio Content Files will always be available or uninterrupted. The quality of Arcade may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs due to repair or maintenance work, or reasons beyond our control (force majeure), you accept that such interruptions do not constitute a defect or delay of or in Arcade, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore Arcade to use as soon as possible under the circumstances. We have the right to update the software included in Arcade from time to time.

User Conduct

(a) You must not use the service in an unlawful manner, or attempt to hack or modify Arcade in any way.

(b) You must not use false email addresses, virtual private networks or other means to mask your identity.

(c) You must not share your account information with others or allow others to use Arcade or the Audio Content Files under your account information.

(d) You must not use any data mining or similar data gathering and extraction methods in connection with Arcade.

Limited Liability

We are not liable to you or anyone else for: any loss of use, data, goodwill, or profits, whether or not foreseeable; and any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those resulting from loss of use, data, or profits, whether or not foreseeable, based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.

Our maximum liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to Arcade during the six-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

Term

These terms are effective beginning with your first use or registration of Arcade and will remain in full force throughout your use of Arcade until you terminate your account or we terminate your account.

Your account may be terminated at any time by you by visiting the billing section at Output.com. Once terminated, Arcade and its Audio Content Files will no longer be available to you.

We may terminate your account at any time without notice if we find you have violated these terms. In this event, you agree not to attempt to use Arcade under any name, real or assumed.

General Conditions

This license shall be governed by California law applicable to contracts fully negotiated, executed and performed therein. Only the California courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in Los Angeles County, and not elsewhere.  In the event of any claim arising from the breach or alleged breach of the terms of this license, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.

You agree that this license contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of the license.

You acknowledge that you have read this license and understand it and agree to be bound by its terms and conditions.