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Terms of Agreement

    Home Terms of Agreement

    (1) GENERAL

    All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, beats, samples, and all software, artwork, graphics, video, text, editorials and news, interfaces, trademarks, logos, images, photographs, and any other element displayed on the Website, is the property of, or licensed to Majestic Entertainment and is protected by European and international trademark, trade dress, copyright, and other intellectual property rights laws.

    Without the prior written consent of Majestic Entertainment or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, re-transmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. The Content is only for your personal, noncommercial use, except for those Products labelled as ‘beat’, ‘instrumental’, ‘sample pack’, ‘drum pack’, ‘sound–packs’, ‘vocal samples’, ‘one-shots’, ‘libraries’, ‘expansions’ and/or ‘plug-ins’. Please refer to the corresponding policy related to these products.

    When using the website, you are aware that you may encounter Content that can be deemed inappropriate, offensive or insulting, and may or may not be judged as having graphic language and text, graphic designs and/or photographs. You agree to use the Website at your own risk and Majestic Entertainment has or will not have any liability to you for Content that may be found inappropriate, offensive or insulting.

     

    (2) MUSIC DOWNLOAD POLICY (if applicable)

    A ”Music Download” is a product indicated by the Artist name and the Track Title and located in the Music Section. Every ”Music Download” is an individual sale and is subject to the terms and conditions of this agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.

    It is allowed to use the ”Music Download” in the following ways:

    (1) save to your hard drive with unlimited playback time

    (2) transfer to a compatible (portable) device

    (3) burn to a CD/DVD

    In each case the ”Music Download” can only be used for personal use and not for commercial or public use or distribution.

    Furthermore, MUSIC DOWNLOADS are subject to registrations in points (9) – (13).

    (3) SAMPLE PACK POLICY (if applicable)

    All products labelled as ‘sample pack’, ‘drum pack’, ‘sound–packs’, ‘vocal samples’, ‚one-shots’, ‘libraries’, ‘expansions’, ‘plug-ins’, on the Majestic Webshop are royalty free.
    This means that you buy the non-exclusive rights to use them freely in any sound/audio and/or audiovisual production without additional compensation to Majestic Entertainment.

    You may not distribute, sell, assign, license or otherwise transfer any of the samples or sounds except as incorporated in a production. You may not distribute the samples without the production of music and/or vocal production added (and/or provide instruction as to how to extract the samples from a production). You may not distribute the samples, either in native format or reformatted, filtered, re-synthesized or otherwise edited for use as sounds, multi-sounds, loops, multi-samples in a sampler, sample playback unit, website, computer or other media.

    No refunds for any reason are possible. Demo sounds for each sample pack is provided to check the quality and format of the files. You may not re-sell or distribute the free demo samples in any form on any website.

    Furthermore, SAMPLE PACKS are subject to registrations in points (9) – (13).

    (4) FREE BEATS POLICY (if applicable)

    It is strictly forbidden to use the instrumental compositions labelled as ‘free beat’, ‘free download’, and/or ‘free’, for any for-profit, commercial, or otherwise financially exploitative use. An appropriate license must be purchased or properly obtained in order to gain right to exploit the beat.

    You are only allowed to use free beats for non-profitable use only, which includes showcasing of a recording on the beat on internet pages such as Soundcloud, Youtube, etc.
    The user agrees to give production credit to the Producer for any and all distributed material, either verbally or written (e.g. “Prod. By %NAME_PRODUCER%” or “Beat: %NAME_PRODUCER%”).

    Furthermore, it is not allowed to make any changes to the beat (removing tags etc.). Copying, distributing, uploading or ripping any audio material (e.g. beat, tag, sounds, instruments, drums, etc.) in any form other than allowed in this agreement is strictly prohibited.

    Majestic Entertainment reserves the right to terminate this agreement or terminate your rights to use or distribute the Beat at any time for any reason. Majestic Entertainment also reserves the right, at our sole discretion, to modify this agreement at any time, effective upon the date the new agreement is posted on the download page. If you continue to use the Beat, it constitutes your binding acceptance of this agreement, including the changes and modifications that are made.

    Furthermore, FREE BEATS are subject to registrations in points (9) – (13).

    (5) BASIC LEASE POLICY (if applicable)

    This agreement made and entered into on the %ORDER_DATE% serves as a legally

    binding contract between Majestic Entertainment (“Licensor”) and %YOUR_NAME%

    (“Licensee”). This agreement grants the Licensee non-exclusive rights to the instrumental named

    %BEAT_NAME% (“Instrumental”).

    The Licensor hereby grants the Licensee the right to record vocal and/or instrumental synchronization to any or all parts of the Instrumental. The Instrumental is delivered in an untagged .wav file (24 bit, 48kHz). The Licensee is limited to distributing one (1) version of the Master Recording for profitable use. The Licensee is limited to a distribution of five thousand (5.000) copies of the Master Recording, which can be distributed on any kind of recording media including, but not limited to: Compact Discs, DVDs, VHS videos, and all other forms of physical media. If the limit of distributions is reached and further distributions are desired, further rights with a new sales cap need to be obtained (if the beat has not yet been sold with exclusive rights and is still available).
    If the beat is no more available for leasing, no more sales can be made after the distribution cap is reached. Profitable live shows or other live media, are not allowed, this includes TV, Radio & Streams.

    The Licensee may edit/alter the length of a beat as they see fit, aslong as they own a license to the beat and do not change the sound-structure of the beat itself. No changes to a beat are allowed, except of length changes. Therefore it is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for other compositions. Licensee agrees to supply the Licensor with at least one (1) (digital) copy of each final recording made using the Instrumental.

    The Licensor maintains 100% full rights (copyright and ownership) of the instrumental, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Instrumental whether in whole or part to any other party. In the event another individual purchases exclusive rights to your licensed Instrumental you will retain your non-exclusive rights under the limitations listed in this agreement and until these terms have been fulfilled.

    All products labelled as ‘beat’ and/or ‘instrumental’, on the Majestic Webshop are royalty free.
    This means that you buy the non-exclusive rights to use them freely in any sound/audio and/or audiovisual production without additional compensation to Majestic Entertainment.

    Furthermore, BASIC LEASING RIGHTS are subject to registrations in points (9) – (13).

    (6) PREMIUM LEASE POLICY (if applicable)

    This agreement made and entered into on the %ORDER_DATE% serves as a legally binding contract between
    Majestic Entertainment (“Licensor”)

    and

    %YOUR_NAME% (“Licensee”).

    This agreement grants the Licensee non-exclusive rights to the instrumental named

    %BEAT_NAME% (“Instrumental”).

    The Licensor hereby grants the Licensee the right to record vocal and/or instrumental synchronization to any or all parts of the Instrumental. The Instrumental is delivered in an untagged .wav file (24 bit, 48kHz). The Licensee is limited to distributing three (3) versions of the Master Recording for profitable use. The Licensee is limited to a distribution of twenty-five thousand (25.000) copies of the Master Recording, which can be distributed on any kind of recording media including, but not limited to: Compact Discs, DVDs, VHS videos, and all other forms of physical media. If the limit of distributions is reached and further distributions are desired, further rights with a new sales cap need to be obtained (if the beat has not yet been sold with exclusive rights and is still available). If the beat is no more available for leasing, no more sales can be made after the distribution cap is reached. Profitable live shows or other live media, are not allowed, this includes TV, Radio & Streams.

    The Licensee may edit/alter the length of a beat as they see fit, aslong as they own a license to the beat and do not change the sound-structure of the beat itself. No changes to a beat are allowed, except of length changes. Therefore it is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for other compositions. Licensee agrees to supply the Licensor with at least one (1) (digital) copy of each final recording made using the Instrumental.

    The Licensor maintains 100% full rights (copyright and ownership) of the instrumental, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Instrumental whether in whole or part to any other party. In the event another individual purchases exclusive rights to your licensed Instrumental you will retain your non-exclusive rights under the limitations listed in this agreement and until these terms have been fulfilled.

    All products labelled as ‘beat’, and/or ‘instrumental’, on the Majestic Webshop are royalty free.
    This means that you buy the non-exclusive rights to use them freely in any sound/audio and/or audiovisual production without additional compensation to Majestic Entertainment.

    Furthermore, PREMIUM LEASING RIGHTS are subject to registrations in points (9) – (13).

    (7) PROFESSIONAL LEASE POLICY (if applicable)

    This agreement made and entered into on the %ORDER_DATE% serves as a legally binding contract between
    Majestic Entertainment (“Licensor”)

    and

    %YOUR_NAME% (“Licensee”).

    This agreement grants the Licensee non-exclusive rights to the instrumental named

    %BEAT_NAME% (“Instrumental”).

    The Licensor hereby grants the Licensee the right to record vocal and/or instrumental synchronization to any or all parts of the Instrumental. The Instrumental is delivered in untagged .wav files, including stems (24 bit, 48kHz). The Licensee can distribute unlimited versions of the Master Recording for profitable use. The Licensee is limited to a distribution of hundred thousand (100.000) copies of the Master Recording, which can be distributed on any kind of recording media including, but not limited to: Compact Discs, DVDs, VHS videos, and all other forms of physical media. If the limit of distributions is reached and further distributions are desired, further rights with a new sales cap need to be obtained (if the beat has not yet been sold with exclusive rights and is still available). If the beat is no more available for leasing, no more sales can be made after the distribution cap is reached. Profitable shows or videos are allowed. Profitable live media such as TV, Radio & Streams is allowed on five (5) different stations.

    The Licensee may edit/alter the length of a beat as they see fit, as well as add new elements such as effects, pads and synths, aslong as they own at least a Professional license to the beat. However, it is not allowed to remove any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition or use them for other compositions. Licensee agrees to supply the Licensor with at least one (1) (digital) copy of each final recording made using the Instrumental.

    The Licensor maintains 100% full rights (copyright and ownership) of the instrumental, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Instrumental whether in whole or part to any other party. In the event another individual purchases exclusive rights to your licensed Instrumental you will retain your non-exclusive rights under the limitations listed in this agreement and until these terms have been fulfilled.

    All products labelled as ‘beat’ and/or ‘instrumental’, on the Majestic Webshop are royalty free.
    This means that you buy the non-exclusive rights to use them freely in any sound/audio and/or audiovisual production without additional compensation to Majestic Entertainment.

    Furthermore, PROFESSIONAL LEASING RIGHTS are subject to registrations in points (9) – (13).

    (8) EXCLUSIVE POLICY (if applicable)

    This agreement made and entered into on the %ORDER_DATE% serves as a legally binding contract between
    Majestic Entertainment (“Licensor”)

    and

    %YOUR_NAME% (“Licensee”).

    This agreement grants the Licensee non-exclusive rights to the instrumental named

    %BEAT_NAME% (“Instrumental”).

    The Licensor hereby grants the Licensee the right to record vocal and/or instrumental synchronization to any or all parts of the Instrumental. The Instrumental is delivered in untagged .wav files, including stems (24 bit, 48kHz).

    Exclusive rights allow the Licensee to use the Instrumental for unlimited commercial recordings or broadcasts. The Licensee can distribute unlimited versions and copies of the Master Recording for profitable use, which can be distributed on any kind of recording media including, but not limited to: Compact Discs, DVDs, VHS videos, and all other forms of physical media. No consent is required if the Instrumental is to be used for Radio Broadcast, Television Broadcast, Video Games, On-hold & In House Background, Music, or film Soundtracks.

    The Licensee has full rights to record, alter, mix the Instrumental in any shape, way, or form (except reselling the Instrumental). Upon purchasing exclusive rights, the Licensor still owns copyright to the Instrumental but is no longer able to resell the Instrumental.

    All products labelled as ‘beat’ and/or ‘instrumental’, on the Majestic Webshop are royalty free.
    This means that you buy the non-exclusive rights to use them freely in any sound/audio and/or audiovisual production without additional compensation to Majestic Entertainment.
    The Licensee is responsible for clearing all samples used (if any) and that the Licensor cannot and will not be held liable for the misuse of any sampled material that the Licensee uses in conjunction with the composition/arrangement that is being licensed in this agreement.

    Furthermore, EXCLUSIVE RIGHTS are subject to registrations in points (9) – (13).

    (9) ORDERS & PAYMENTS

    All Orders made through the Majestic Entertainment Webshop are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Webshop relating to the Order.

    You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Taxes may depend on delivery location.
    Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging or other charges.

    Majestic Entertainment accepts Pay Pal. All payments are to be paid or are paid upfront before delivery of the product.

    Majestic Entertainment reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.

    Please note that any product is only held for you once you have completed your Order.
    Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you
    or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it’s sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order.

    Majestic Entertainment reserves the right, in its sole and absolute discretion, to change the prices offered on the website at anytime, including without limitation, items that have been placed in your Cart.

    (10) DELIVERY

    All digital products, with the exception of Beats/Instrumentals with a Professional or Exclusive license, are delivered via e-mail including download link within a maximum of 24 business hours after payment.
    Beats/Instrumentals with a Professional or Exclusive license are delivered via a download link by cloud service such as Google Drive within a maximum of 48 business hours after payment.

    (11) LIABILITY

    By accepting the terms and conditions you agree to indemnify, defend, and hold the collective of Majestic Entertainment and their affiliates, harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fee) incurred in connection with any claim arising out of your use of any of the Content, including but not limited to defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement, and any claim or liability relating to the content, quality, and performance of materials in relation to the Content.

    (12) PRIVACY POLICY

    At Majestic Entertainment we value your privacy, by using our services you agree to the terms in our Privacy Policy.

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