LEASING/LICENSING TERMS:
By purchasing / leasing products from our store you agree to the following terms.
FREE DOWNLOADS
Free Downloads are NOT FREE BEATS. They are for personal use only. You may only use the free downloads for non-commercial / non-profitable use. Use on albums, mixtapes, Television, and radio-airplay, live performances, broadcasts, or any other form of public use or distribution is strictly prohibited. The free downloads contain tags and these tags may not be removed under any circumstances. If you want to get the high-quality version without tags, you need to purchase a lease. Anyone found to be abusing these privileges and the additional terms listed in ‘Leasing / Licensing Terms’ may face a lawsuit for copyright infringement. Please use the contact-form to write us a message if you have any further questions concerning free downloads and/or the terms & conditions.
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BASIC LICENSE RIGHTS
(All licenses are non-refundable and non-transferable.)
Master Use.
The Licensor hereby grants to License a non-exclusive license (this “License) to record vocal synchronization to the Composition partly or in its entirety and substantially in its original form (“Master Recording”)
Mechanical Rights
The Licensor hereby grants to Licensee a non-exclusive license to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively, the “Recordings”, and individually, a “Recordings”) worldwide for up to the pressing or selling a total of two thousand five hundred, (2500) copies of such Recordings or any combination of such Recordings, condition upon the payment to the Licensor the sum of the individually listed price(s), receipt of which is confirmed. Additionally licensor shall be permitted to distribute unlimited free internet downloads or streams for non-profit and non-commercial use. This license allows up to five hundred thousand (100000) monetized audio streams collectively on streaming sites like (Spotify, RDIO, Rhapsody) but does not permit the licensor permission to monetize on YouTube.
Performance Rights
The Licensor here by grants to Licensee a non-exclusive license to use the Master Recording in Unlimited non-profit performances, shows, or concerts. Licensee may receive compensation from performances with this license.
Synchronization Rights
The Licensor hereby grants limited synchronization rights for one (1) music video streamed online (Youtube, Vimeo, etc..) for up to 500000 non-monetized video streams on all total sites. A separate synchronization license will need to be purchased for distribution of video to Television, Film or Video game. If the number of permitted sales and/or streams is exceeded, the licensee must contact the licensor for a new lease agreement.
Broadcast Rights
The Licensor hereby grants to Licensee a non-exclusive license to broadcast or air the Master Recording in two (2) radio stations through two (2) station channels, respectively. The Licensee shall not be permitted to receive compensation for such broadcasting.
Credit
Licensee shall acknowledge the original authorship of the Composition appropriately and reasonably in all media and performance formats in writing where possible and vocally otherwise.
(Example. “(Prod. HitForce)” or (Produced By: ToneClash)
Licensee shall also provide URL’s to the original authors social media account(s).
(Twitter, Soundcloud, YouTube, etc..)
Consideration
In consideration for the rights granted under this agreement, Licensee shall pay to licensor the listed product price in US dollars and other good and valuable consideration, payable to “ToneClash.com”, receipt of which is hereby acknowledged. If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having insufficient bank balance, the licensor shall have the right to terminate License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable infringements under applicable law, including, without limitation, the United States Copyright Act, as amended.
Indemnification
Accordingly, Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, expenses, including, without limitation, reasonable attorney’s fees, arising of or resulting from a claimed breach of any of Licensee’s representations, warranties or agreements hereunder.
Audio Samples
Third party sample clearance is the responsibility of the licensee.
Miscellaneous.
This license is non-refundable, non-transferable, and is limited to the Composition specified above, does not convey or grant any right of public performance for profit, constitutes the entire agreement between the Licensor and the Licensee relating to the Composition, and shall be binding upon both the Licensor and the Licensee and their respective successors, assigns, and legal representatives.
Governing Law
This License is governed by and shall be construed under the law of the State of California, without regard to the conflicts of laws principles thereof.
Term.
Executed by the Licensor and the Licensee, to be effective as for all purposes as of the Effective Date first mentioned above and shall terminate exactly ten (10) years from the purchase date of the license.
Publishing
Licensor grants Licensee 0% of publishing rights. Licensor maintains all publishing rights.
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PREMIUM LICENSE RIGHTS
All licenses are non-refundable and non-transferable.
Master Use
The Licensor hereby grants to License a non-exclusive license (this “License) to record vocal synchronization to the Composition partly or in its entirety and substantially in its original form (“Master Recording”)
Mechanical Rights
The Licensor hereby grants to Licensee a non-exclusive license to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively, the “Recordings”, and individually, a “Recordings”) worldwide for up to the pressing or selling a total of ten thousand, (10000) copies of such Recordings or any combination of such Recordings, condition upon the payment to the Licensor the sum of the individually listed price(s), receipt of which is confirmed. Additionally licensor shall be permitted to distribute unlimited free internet downloads or streams for non-profit and non-commercial use. This license allows up to five hundred thousand (500000) collectively monetized audio streams to sites like (Spotify, RDIO, Rhapsody) but limits the licensors permission to monetize on YouTube to Fifty (50) percent.
Performance Rights
The Licensor here by grants to Licensee a non-exclusive license to use the Master Recording in Unlimited non-profit performances, shows, or concerts. Licensee may receive compensation from performances with this license.
Synchronization Rights
The Licensor hereby grants limited synchronization rights for two (2) music videos streamed online (Youtube, Vimeo, etc..) for up to 1,000,000 non-monetized video streams on all total sites. A separate synchronization license will need to be purchased for distribution of video to Television, Film or Video game. If the number of permitted sales and/or streams is exceeded, the licensee must contact the licensor for a new lease agreement.
Broadcast Rights
The Licensor hereby grants to Licensee a non-exclusive license to broadcast or air the Master Recording in two two (2) radio stations through two (2) station channels, respectively. The Licensee shall not be permitted to receive compensation for such broadcasting.
Credit
Licensee shall acknowledge the original authorship of the Composition appropriately and reasonably in all media and performance formats in writing where possible and vocally otherwise.
(Example. “(Prod. HitForce)” or (Produced By: ToneClash)
Licensee shall also provide URL’s to the original authors social media account(s).
(Twitter, Soundcloud, YouTube, etc..)
Consideration
In consideration for the rights granted under this agreement, Licensee shall pay to licensor the sum of the individually listed product price(s) in US dollars (USD) and other good and valuable consideration, payable to “ToneClash”, receipt of which is hereby acknowledged. If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having insufficient bank balance, the licensor shall have the right to terminate License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable infringements under applicable law, including, without limitation, the United States Copyright Act, as amended.
Indemnification
Accordingly, Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, expenses, including, without limitation, reasonable attorney’s fees, arising of or resulting from a claimed breach of any of Licensee’s representations, warranties or agreements hereunder.
Audio Samples
Any 3rd party sample clearance is the responsibility of the licensee.
Miscellaneous
This license is non-refundable, non-transferable, and is limited to the Composition specified above, does not convey or grant any right of public performance for profit, constitutes the entire agreement between the Licensor and the Licensee relating to the Composition, and shall be binding upon both the Licensor and the Licensee and their respective successors, assigns, and legal representatives.
Governing Law
This License is governed by and shall be construed under the law of the state of California, without regard to the conflicts of laws principles thereof.
Term
Executed by the Licensor and the Licensee, to be effective as for all purposes as of the Effective Date first mentioned above and shall terminate exactly ten (10) years from this date.
Publishing
Licensor grants Licensee 0% of publishing rights. Licensor maintains all publishing rights.
EXCLUSIVE LICENSE RIGHTS:
Please contact us if you are looking to obtain an exclusive license.
The terms will be confidentially discussed.
SAMPLE PACKS/PRESETS/ETC.
All of the sounds found in our sample packs are 100% royalty free. You may use these sounds and distribute/sell products in which you create using these sounds, however, you are NOT authorized or permitted to redistribute or share the sounds or the packs we create at any given tim, whatsoever. Breaking these terms may result in a lawsuit against you and/or your company.
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If you have any questions or concerns about any of the above terms please contact us via email or our contact form.
