When a customer purchases a product from YourProSound.com, hereby known as a “Beat” they are in fact purchasing an exclusive license for that track and are subject to certain rights and privileges pertaining to that piece of music. By completing the transaction of buying a Beat and thus gaining an exclusive license or downloading a free Beat or non-exclusive license the end user agrees to the following rights and conditions:
Rights for Exclusive License (Buy Beats):
1) Right to use a song recorded over the licensed Beat (the final recorded song shall be known as the “Master Recording”) for the manufacture of 10,000 commercial or for-profit albums, or the sale/exploitation of 10,000 internet downloads, in either combination.
2) Right to use a Master Recording for unlimited non-commercial, non-profit use.
3) Right to use a Master Recording for radio broadcasts on three (10) radio stations.
4) Right to use a Master Recording for up to $5,000 earnings in performances, live shows, or concerts.
5) Right to use a Master Recording for unlimited non-profit performances or concerts
Note: Exclusive licensing does not allow you to re-sell the licensed Beat by itself or transfer any of the rights licensed. After purchasing your Bea and the exclusive rights, we will remove the offering and downloadability of the Beat that is exclusively licensed and no one will be able to purchase that Beat in the future.
Rights for Non-Exclusive (Free Beats):
1) Right to use a song recorded over the licensed Beat (the final recorded song shall be known as the “Master Recording”) for the manufacture of 1,000 commercial or for-profit albums, or the sale/exploitation of 500 internet downloads, in either combination.
2) Right to use a Master Recording for unlimited non-commercial, non-profit use.
3) Right to use a Master Recording for up to $1,000 earnings in performances, live shows, or concerts.
4) Right to use a Master Recording for unlimited non-profit performances or concerts.
Conditions for All Downloaded Beats:
1) Credit: You will agree to provide proper credit for the creation of the Beat by writing ‘Produced by (Insert Producer Name) on all official documents or surfaces released with tangible copies of a recording on the Beat. It is alternatively acceptable to credit the Beat’s direct producer’s name or stage name for the creation of the Beat.
2) Liability: You hereby agree to indemnify, defend, and hold YourProSound.com Inc. and all of our officers, directors, producers, owners, employees, agents, information providers, affiliates, and licensors (collectively, “YourProSound.com”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred in connection with any claim arising out of your use of the “Beat,” including but not limited to claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement, and any claim or liability relating to the content, quality, or performance of materials in relation to the Beat. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.
3) Termination. YourProSound.com reserves the right to terminate this Agreement at any time or terminate your rights to use or distribute the Beat at any time for any reason.
4) Legal Consequences. Any unauthorized use of the Beat, including unauthorized reselling, is considered a direct violation of the US Copyright Act of 1976 and is infringing upon the copyrights of the works of YourProSound.com. Under the fullest extent of the law, YourProSound.com reserves the right to take legal action or pursue financial compensation as a result of any breach or violation of this Agreement.
5) Modifications. We reserve the right, at our sole discretion, to modify this Agreement and any fees, at any time, effective upon the date we post a new Agreement on the Beat’s free download page. Your continued use of the Beat constitutes your binding acceptance of this Agreement, including any changes or modifications that we may make.
6) Governing Law. This Agreement shall be construed in accordance with the laws of the province of Ontario, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or provincial courts located in Ottawa, Ontario. This Agreement constitutes the entire agreement between you and YourProSound.com with respect to the Beat, and supersedes all previous written or oral agreements. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
-Administration
YourProSound.com
