BeatsBuY Music Production Terms of Use and Licenses

Last updated: 7-10-07

Licensor = Producer selling track
Licensee = Client
Non-exclusive (lease) = The track is leased to the client for a period of time. The track still remains the property of the licensor.
Exclusive Rights = The track is sold to the client to use in all projects. The track may not be resold or used by the licensor.

Copyright
All material sold is copyrighted. MUSIC OWNERSHIP: The non-exclusive tracks compositions sold by Licensor remain the exclusive property of the Licensor and/or BeatsBuY AFFILIATED PRODUCERS.

Trademarks
BeatsBuY.com and the BeatsBuY logo are trademarks or service marks of BeatsBuY. You may not use these or any other BeatsBuY trademarks or service marks without the written permission of the owner. Contact: info@beatsbuy.com

Product usage
You may use our products (instrumentals/ sound kits/ beat loops) either to develop a project for yourself or your client/ artist, but you may not put them on a diskette, CD, website or any other format and offer them for redistribution or resale. These products may not be resold in any sort of collection, such as passing our products over to third parties on CD and diskettes, or letting others download our products from your website. In the event of such practices, BeatsBuY will immediately terminate your membership. Furthermore, by conducting such practices, you automatically waive any legal claims against BeatsBuY. If you do not abide by the terms of this agreement as described above, BeatsBuY will pursue legal action to the highest punishable extent. Further, Licensee may not post, or upload the original Track(s) in any way or in any way make the track available to others. Doing so would be a copyright infringement. In addition, any unauthorized use or duplication is a violation of this agreement and of applicable laws of the United States and other countries. Any infringement of copyright will be pursued to the fullest extent of the law. These products are provided "as is" without warranty of any kind, either expressed or implied. We suggest you contact your local developer for service and assistance.

You understand BeatsBuY is not responsible for the content, quality or merchantability of any information, product or service offered herein and the user must assume full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any product or other content. BeatsBuY hereby expressly disclaims any and all warranties, expressed and implied, including but not limited to any warranties of accuracy, reliability, merchantability or fitness for a particular purpose by any vendor, customer, or associate offering information, products, any services linked to BeatsBuY.com website. The user agrees that BeatsBuY is not responsible, and shall have no liability to such user, with respect to any information, product or service offered by others who are linked to BeatsBuY.com website. BeatsBuY shall not be liable for any damages allegedly sustained arising from use of the information, products, and services.

Sound Sample CD Usage
All BeatsBuY Sample Cds, Drum Kits, Drum Sound CDs, Rex Loops Kits, and Reason Templates are royalty free. When you purchase or download any Sample Kits, you buy the rights to use it in all productions. You may not resale, duplicate, or give away the Sample Kits either as a web download, on web auctions, or duplicated CD.

Leasing (non-exclusive) License
The produced track is leased, not sold to you by BeatsBuY. There is a 4 month lease period, which means BeatsBuY can not resale the track to another artist during the lease period. After the lease time period has expired, the track can be leased to another artist. You can pay to extend the lease time period if required. If you wish another artist not to lease the same track you are leasing, it is recommended to get "exclusive rights".

This lease expressly forbids resale or other sale or distribution in any form (CD, web, tape, or file). You cannot sell or give the production away. Any usage not specifically allowed by this lease, including but not limited to any usage by an unlicensed individual or organization, will be prosecuted to the maximum possible extent under law.

Leasing rights lets the purchaser use the beat for ONE profitable project such as an album not to exceed 3,000 copies sold, web project, CD-Rom project, and non-profitable projects such as demo's, performances, websites, film etc. Leasing rights can be re-sold to more than one client. For projects exceeding 3,000 copies, see Exclusive Rights.

1. MUSIC OWNERSHIP: The non-exclusive (lease) Tracks compositions sold by Licensor remain the exclusive property of Licensor and/or BeatsBuY AFFILIATED PRODUCERS.

2. TRACK NON-EXCLUSIVITY : It is understood by the Licensor that the Tracks are provided under a Non-Exclusive license for use by this Licensee. Additionally the Tracks may be licensed to any number of additional Licensees.
3. If you fail to obtain this legal license from BeatsBuY, then legal action will be taken against you. NOTE: A single violation of federal copyright laws will cost you a $30,000.00 fine.

4. CREDITS : Licensee shall give Licensor and Affiliate appropriate credit on all compact discs, record and cassette labels, film or commercial credits, or any other record configuration manufactured which is now known or created in the future that embodies the Tracks created hereunder and on all cover liner notes. Credit will be listed as: Original backing track(s) created by www.BeatsBuY.com and/or Affiliated Producers

5. INDEMNITY: Licensee agrees to indemnify, defend, and hold Licensor harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages (including attorneys' fees) arising out of or in connection with any claim that the Tracks furnished by under this License constitutes an infringement of any confidential information, trade secret, patent, copyright, trademark, trade name, or other legal right of any third party.

6. JURISDICTION: This agreement shall be construed in accordance with the laws of the State of California.

Exclusive License
Exclusive rights let’s the purchaser use the beat for any and all profitable projects. These rights can only be sold to one person. Once the beat is bought exclusively it is removed from the page/website and cannot be sold again.

Note: Exclusive beat purchases are not available for download from the BeatsBuY website. You must contact BeatsBuY directly. Email us at beats@beatsbuy.com and please provide the beat name you would like to inquire.

Custom (exclusive) License
Custom beats are made for those who want a beat made from the start. We will work with you on the beat so it can be made for your preference. Exclusive rights also come with this service.