Terms of Service

1Agreement

offtheave (“offtheave,” “the site,” “we,” “us”) is a music and creator community operated by avenuEmpire. These Terms of Service (“Terms”) are an agreement between you and avenuEmpire. They cover offtheave.com, our apps, and every feature on them, including music, videos, shorts, photos, posts, messages, communities, the Market, Creator Studio and paid plans (together, the “Service”).

By creating an account or using the Service, you agree to these Terms, our Privacy Policy, and any rules shown where you use a feature (for example, a community’s own rules or a license you buy). If you don’t agree, don’t use the Service.

2Who can use offtheave

You must be at least 13 years old to use the Service. If you’re under 18, you need a parent or guardian’s permission, and they agree to these Terms for you.

You must be 18 or older (or have a parent or guardian’s permission, where the law allows it) to buy anything, and you must be 18 or older to sell, receive payouts or run paid promotions.

You can’t use the Service if we’ve banned you before, or if the law where you live doesn’t allow it.

3Your account

Give accurate information when you sign up and keep it current. One account per person. Don’t create accounts to get around a ban, to fake engagement, or to pretend to be someone else.

Keep your password safe and turn on two-factor authentication if you can. You’re responsible for what happens on your account. Tell us right away through the Contact page if you think someone else is using it.

You can sign in with Google, Facebook, X, Discord or Reddit. Those services’ own terms apply to how you use them.

4Your content

“Your content” means anything you upload or post: songs, beats, mixtapes, videos, shorts, photos, cover art, posts, comments, messages, voice notes, playlists and more. You keep ownership of your content.

To run the Service, you give avenuEmpire a worldwide, non-exclusive, royalty-free license to host, store, copy, stream, display, convert (for example, into other audio or video formats and sizes), and share your content on the Service, and to show it in places like feeds, search, charts, recommendations, embeds and share previews. We only show your content to the people your privacy setting allows (everyone, your followers, or only you).

This license ends when you delete the content or your account, except for copies other people have made through features you used (like reposts, playlists or purchases), backups kept for a limited time, and anything we must keep by law.

You promise that you own your content or have every right needed to post it, including rights to any samples, beats, lyrics, artwork and recordings in it, and that posting it doesn’t break any law or anyone else’s rights.

5Community rules

Keep offtheave a place people want to be. Don’t:

• Harass, bully, threaten or dox anyone, or attack people for who they are.
• Post hate speech, graphic violence, or sexual content involving anyone under 18 (we report it to the authorities).
• Post nudity or sexually explicit content, or content that promotes self-harm.
• Spam, including repeated links, unwanted messages and duplicate posts.
• Fake plays, views, followers, likes, XP or chart positions, or pay or trade for them.
• Upload content you don’t have the rights to, or pirated or leaked material.
• Share malware, phishing, or other people’s private information.
• Pretend to be another person, artist, brand or member of our staff.
• Scrape the Service, get around our limits or security, or interfere with how it works.
• Break the law or help someone else break it.

Communities can add their own rules. Community owners and moderators enforce those rules inside their community. You can report posts, comments, content and profiles from their menus.

6Copyright

We respect creators’ rights and expect you to as well. If you believe something on offtheave infringes your copyright, send us a notice through our Copyright & DMCA page. If your content was removed by mistake, you can send a counter-notice the same way.

We disable the accounts of people who repeatedly infringe.

7Moderation and enforcement

We may review, hide, remove or limit content, and warn, suspend or ban accounts that break these Terms or put people or the Service at risk. We usually tell you why and, where the site offers it, you can appeal a warning or ban from the notice you get.

We can’t review everything posted. Content represents the views of the person who posted it, not avenuEmpire.

8Buying and selling

In the Market, members can sell songs, mixtapes and beats. Beats are sold with licenses the seller sets up (for example, how many streams are allowed and which files you get). A license is an agreement between the buyer and the seller; you can download its contract as a PDF from your library.

Sellers set their own prices, must have the rights to what they sell (see Selling: your promise), and handle any taxes they owe. We keep a platform fee from each sale, based on the seller’s plan; the current fees are shown in Creator Studio. Payouts go through Stripe Connect and follow Stripe’s terms.

Payments are processed by Stripe, or paid with XP where offered. Because items are digital and delivered right away, sales are final, except when a file is missing or broken and we or the seller can’t fix it, or when the law requires a refund.

9Selling: your promise

Before you can sell anything on offtheave (songs, mixtapes, tracks sold on their own, or beats with licenses), you must accept our seller agreement, which appears when you turn selling on. When we change it, you’ll be asked to accept the new version before you sell again. We keep a record of each time you accept: the version, the date and time, your IP address and your device.

By selling, you promise that everything you sell is your own work or that you have the legal right to sell it. That covers the recording, the beat, the lyrics and composition, the artwork, and any samples or vocals in it. If anyone else has rights in it (a producer, co-writer, featured artist, label, distributor or a sample’s owner), you have their permission to sell it here and you’re responsible for paying them what they’re owed. A song made on a leased beat, or with a sample, can only be sold as far as that license allows. You may never resell a beat you don’t own.

You may not sell anyone else’s music. That includes leaks, bootlegs, rips, re-uploads, mixtapes or remixes of other artists’ songs you don’t have the rights to, and anything you’ve already sold or licensed exclusively to someone else.

Selling music you don’t own or aren’t allowed to sell is a serious violation of these Terms. If it happens, we will remove the items and ban your account and every account linked to you (for example, accounts that share a device, email or network with yours) indefinitely. We don’t have to warn you first. New accounts linked to a banned account are banned too. Buyers usually keep what they bought, unless the rights owner or the law requires us to remove it. You may also be legally responsible to the owner of the music (see Your responsibility for claims), and we may share information about the sale and your account with the rights owner or the authorities when the law requires it.

To report music being sold without permission, use the Copyright process or the Contact page.

10Plans

Paid plans add features and higher limits. The plans and what they include are listed on the plans page.

Plans renew automatically at the end of each billing period until you cancel. You can cancel anytime in Settings; you keep the plan until the end of the period you paid for. We don’t give refunds for partial periods, except where the law requires it.

We may change plan prices or features. We’ll tell you before a price change affects your next renewal, and you can cancel before it does.

11XP, badges and tips

XP is offtheave’s in-site points. You earn it by taking part (with daily limits) and can spend it on plans, badges, boosts and Market items where XP is accepted. XP isn’t money, can’t be sold or traded outside the site, and has no cash value, except through features we offer for moving it (such as to a linked $DORA wallet), which have their own terms.

We may adjust XP balances to fix mistakes or to undo XP earned through fake activity or rule-breaking.

Tips and payments in $DORA, when available, are sent from your own wallet and can’t be reversed by us.

12Boosts and ads

A boost is a paid promotion of your public song, mixtape, video, short, playlist or post. Your budget is spent as the boost is actually seen. Boosts are labeled as sponsored. We can decline, pause or stop a boost that breaks these Terms or points to content people can’t open. Budget that’s already been spent can’t be refunded.

The Service shows ads, including ads from Google. Ads and sponsored items are labeled.

13Creator tools

Creator Studio includes the Booth, the Canvas editor and the Vault. Your projects and renders are yours. Sounds, kits and templates we provide are licensed to you for use in your own work; don’t resell or redistribute them on their own.

Storage and upload limits depend on your plan. Keep your own copies of anything important.

14Other services and links

The Service includes links to and content from other services (for example, YouTube videos, SoundCloud tracks, and sign-in with Google or Discord). We don’t control those services and aren’t responsible for them. Their terms and privacy policies apply when you use them.

15Ending your account

You can delete your account anytime in Settings. When you do, your profile and your uploads, posts, comments, likes and follows are removed, and any paid plan ends. Some records, like purchases, sales and payouts, are kept as the law requires.

We may suspend or end your access if you break these Terms, if we must by law, or if we stop offering the Service. If we end the Service, we’ll give reasonable notice when we can.

16Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent the law allows, avenuEmpire makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t promise the Service will always be available, secure or free of errors, or that content on it is accurate.

17Limitation of liability

To the fullest extent the law allows, avenuEmpire and its owners, staff and partners won’t be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of (or inability to use) the Service or from any content on it.

Our total liability for any claim about the Service is limited to the greater of $50 or the amount you paid us in the 12 months before the claim.

18Your responsibility for claims

If someone makes a claim against avenuEmpire because of your content, your use of the Service, or your breaking these Terms or the law, you agree to cover the costs of that claim, including reasonable legal fees.

19Governing law and disputes

These Terms are governed by the laws of the United States and the State of Texas, without regard to conflict-of-law rules. Before filing a claim, please contact us so we can try to resolve it. Any claim must be brought in the state or federal courts located in Texas, unless the law where you live gives you the right to bring it where you live.

20Changes to these Terms

We may update these Terms. When we make important changes, we’ll let you know on the site or by email before they take effect. The date at the top shows the latest version. If you keep using the Service after changes take effect, you accept the new Terms.

21General

These Terms, the Privacy Policy and the rules they point to are the whole agreement between you and avenuEmpire about the Service. If part of these Terms can’t be enforced, the rest still applies. If we don’t enforce something right away, we haven’t given up the right to. You can’t transfer these Terms to someone else; we can, as part of a merger, sale or reorganization.

22Contact us

Questions about these Terms? Reach us through the Contact page. For copyright notices, use the Copyright & DMCA page.