License Fee. This Non-Exclusive and Nontransferable “Premium License” (“Agreement”), having been made on and effective as of the date of purchase, which is included in the Order Receipt (“Effective Date”) by and between Sinima Beats (“Publisher” or “Licensor”) and You (“Licensee” or “Recording Artist”), sets forth the terms and conditions of Licensee’s use, and the rights granted pertaining to the provided Musical Composition (“Product” or “Beat”); as described within the Order Receipt (“Product Title”) in consideration for Licensee’s payment (“License Fee”).
Term. The Premium License is a limited license that shall not be subject to expiration within a specified timeframe. The license shall remain in effect until the “Distribution Limit” (see 3.6 Distribution) has been reached. Upon license expiration, Licensee shall have the option to either remove the content wherever it is commercially available (via direct request to Distributor, Publisher, etc.) or Upgrade (see 2.9 Upgrade) to continue commercial use.
Purpose. The downloadable Musical Composition may be used in preparation of a Song Recording only (I.e. Licensed music must include added vocals, lyrics, melodies, etc.); with the exception of permissible use as “Background Music” for Licensee’s own video or film project.
Upgrade. Licensee shall maintain the option to upgrade this Premium License to the “Unlimited” option by utilizing the Upgrade Request Form; whereas a cart link/invoice reflecting a deduction of the original “License Fee” shall be sent to Licensee via email (upon license verification by Customer Support within 1 to 24 hours). Musical Compositions may not perpetually remain licensable (due to discontinuation of Product). In such circumstances, the option to upgrade would no longer be available.
Nontransferable. This Premium License is solely valid for the Licensee (who has purchased directly through “Sinima Beats”). Sharing, resale, loan, rental, or transfer of the Musical Composition (I.e. licensed audio content) in any format or medium is strictly prohibited.
Content Identification. The Premium License is Non-Exclusive. Therefore, submitting the Song Recording (which comprises of the “Musical Composition”) to any Distributor, Publisher, Record Label or any applicable Third Party which utilizes audio fingerprinting, restrictive and overriding metadata technologies, audio blocking or any similar service that unlawfully assumes “exclusive copyright control” across any social network (E.g. YouTube’s Content ID, SoundCloud, Facebook, etc.) and/or any other worldwide platform is strictly prohibited. Licensor actively monitors usage across numerous networks; any Song Recordings found to be in violation of these restrictions shall result in the termination of Licensee’s commercial rights. Licensee understands that in the event of license termination, the applicable Song Recording shall effectively be “infringing” upon the Licensor’s copyrights and subject to removal per the Digital Millennium Copyright Act; in an effort to prevent invalid copyright claims/content blocking against both the Licensor and other applicable Licensees (utilizing the same “Musical Composition”).
Sublicensing. Licensee shall have no rights to sublicense any use of the Musical Composition or Song Recording (“Derivative Work”), in whole or in part, for music production-related “sampling” purposes. In addition, the Musical Composition cannot be used, in whole or in part, for the purpose of topline writing (pitching vocal melodies), ghost writing (lyrics) and/or selling the Song Recording for performance and release by a third party.
Derivative Work. The Song Recording shall be deemed a “Derivative Work.” Licensor (“Sinima Beats”) does not review or sign Third Party contracts and documents of any kind. However, any contracts entered between Licensee and a Third Party must adhere to the terms set forth in this agreement. Licensee must provide a copy of the “Order Receipt” along with this “PDF License” to the applicable Third Party. Licensee assumes sole responsibility to ensure the Publisher, Record Label, Distributor or P.R.O. fully understands that the Song Recording is a Derivative Work (consisting of Non-Exclusively licensed music); that they shall not attempt to circumvent technologies in an effort to gain exclusive control over the Audio Fingerprint of the licensed Musical Composition in any way.
Ownership. The musical composition included (“Audio Content”) is licensed, not sold, for commercial use, 100% royalty-free. Licensor (“Company” or “Sinima Beats”) shall remain the sole owner and holder of all rights, title, and interest in the provided Musical Composition. Licensee’s ownership is solely limited to the contributed vocals, lyrics and melodies.
YouTube Copyright Claim. Compositions licensed through Sinima Beats are registered for copyright protection. If you receive an automatic copyright claim (“Licensor” does not directly manage such claims), visit the Copyright Claim page and follow the provided instructions to have it removed (if a claim is received on an alternate network such as Facebook or SoundCloud, this license grants permission for you to dispute the claim in order to have it removed; typically, the option to dispute the claim is included in the copyright notification). You will need to include your License Order # (located in your Order Receipt). See also section 3.2 for important information regarding “Content Identification” restrictions.
Delivery. Licensee shall receive instant access to the untagged (“Broadcast Ready”) audio content and can begin working on the Song Recording (or video project) immediately; via the Order Success page, emailed Order Receipt, or if applicable, by logging in to Licensee’s account.
Formats. Audio content ("WAV" in particular) is delivered in 16-Bit Stereo, 44.1 kHz format or higher; compatible with all major recording devices. The Musical Composition remains sonically consistent with the Demo Version (same amplitude, EQ, effects, etc.). Mp3 is also included. The Premium License also includes the separated stem files in WAV format.
Access. If technical issues arise when downloading applicable files, Customer Support may be contacted or Licensee may attempt to access from a different browser or device (such as a Desktop/Laptop). The download status must reach 100% in order to function properly. Licensee should back up the Audio Content; download access may not always remain available if the Product is discontinued.
Breach of Agreement. In the event Licensee breaches the terms of this agreement via gross negligence, Licensor reserves the right to terminate the license. At its sole discretion, Licensor may attempt to electronically correspond with Licensee in an effort to resolve such matters before effecting the termination of any license. However, termination shall go into effect immediately if Licensee cannot be identified and/or reached, email address is not valid, mail server cannot deliver notice or Licensee fails to respond within 5 business days. Licensee agrees to make reasonable efforts to promptly resolve such matters.
Representations and Warranties. Licensor represents and warrants that the Composer (of the applicable “Beat”) has taken proper measures to ensure all sounds comprising of the Musical Composition, such as the instruments, effects, vocals, etc., are cleared for commercial release (no sample clearance necessary). Subsequent to the effective date of Licensee’s purchase, the Song Recording (or video project) may be commercially distributed. The Product is licensed “as is,” without any warranties.
Indemnification. Licensee agrees to indemnify and hold Licensor, its affiliates, content providers or any other third party Licensee’s (using the same “Musical Composition” for a different “Song Recording” or video project) harmless from any and all claims, liabilities, damages, or losses and agrees to maintain Licensor’s free, safe, and harmless position against any and all suits, demands, costs, judgments, recoveries, and expenses; including, without limitation, reasonable attorney fees.
Summary. This Premium License constitutes the entire agreement and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between Licensor and Licensee. Licensee acknowledges and accepts that Licensor has not made any promises or guarantees that the Musical Composition fits any other particular use or purpose intended by Licensee.
The Non-Exclusively Licensed Musical Composition is 100% Royalty Free; you can keep all earnings from the release of your Song Recording (or video project).
Perfect for recording artists in need of the tracked out stems and higher distribution limit. This Non-Exclusive and Nontransferable “Premium License” includes a downloadable Musical Composition that may be used in preparation of a commercially distributed Song Recording (I.e. Licensed music must include added vocals, lyrics, melodies, etc.), 100% royalty-free.
Record and sell your song for up to 15,000 single or album sales (E.g. CD's, Vinyl, etc.) and/or internet downloads, earn from 1,500,000 monetized streams or generate up to the equivalent of $15,000 USD; in either combination and you keep all earnings. In addition, you may use your Song Recording for radio broadcasts, paid performances, websites, ringtone, music video, etc. Your distributor will assign a unique ISRC code specific to your song, which will track all sales and streams worldwide for payouts.
The Premium License includes instant access to download the untagged instrumental (I.e. all vocal advertisements removed) in both WAV and MP3 formats. Stem files (E.g. track outs, multi-tracks, etc.) are included for further flexibility in your mix. A downloadable PDF License is also included which may accompany a copy of your Order Receipt for proof of licensing.