Dean Whitbread

Hi Peter

Thanks for the comment - sure, send me more info about Mixcloud. In what country is the business based - UK? In Wembley, just off the North Circular?

2. Any use by you of the Platform other than for private, non-commercial use is strictly prohibited.

I could easily fall into this little trap because sometimes my work is commercial, depending on how you define commercial, even though it is 90% self-published and 100% self-produced.

7. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform.

- means what??? Make it transparent, please - otherwise, your terms probably will not hold up.

You can probably change those two, but User Submssions terms are really quite bad:

11. b. Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Mixcloud, you hereby grant Mixcloud and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Mixcloud Platform, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You hereby grant Mixcloud and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and these Terms & Conditions.

I know your lawyers will tell you this is standard, but look at what it actually says - my emphasis - in particular any media formats and through any media channels

Derivative works? In any media formats or channels? Way OTT.

Waive my rights to attribution? No way I could never sign up to this, it contravenes Article 6 of the Berne Convention on Authors' Rights

Good luck.

D.