INSTRUMENTAL STORE
TERMS & CONDITIONS
(1) BASIC LICENSE
Distribution/Earnings
Licensee shall have the worldwide, non-exclusive right to broadcast the song they create with the Instrumental in unlimited media forms (radio, shows, TV/film, iTunes, YouTube, etc.). Licensee sell/distribute up to 1,000 units of the Song. Licensee may also use the song they create in any non-profit projects. Instrumental must be combined with other audio (lyrics) and cannot be exploited by Licensee, or any affiliate of Licensee in any way shape or form as an instrumental alone, with the exception of background music for film/media owned by Licensee. Licensee will need to renew this license if any limits are reached, to maintain rights.
Sync
Licensee may also synchronize the Instrumental with an unlimited number of YouTube videos owned by Licensee.
Royalties
No royalties will be owed to Licensor for the usage/exploitation/sale of the Song.
Copyright
Licensor maintains copyright ownership of Instrumental. Licensor and Licensee are jointly entitled to ownership of copyright of Song.
Credit
In all projects in which the Instrumental is used, Licensee shall properly give credit to Licensor as the creator of Instrumental in one of the following, or similar formats:
“Produced by Crank Lucas”
“Prod.by Crank Lucas”
“Beat by Crank Lucas”
“Production by Crank Lucas”
Term
All rights and terms in this agreement last for 1 (one) year after the acquisition (purchase) date of this license. This license will no longer be valid after one year of its purchase date, and will have to be renewed if the Licensee wishes to maintain these rights. If the Instrumental has been purchased exclusively, it will not be available for license renewal. Should the Instrumental be purchased exclusively during the term of this agreement, Licensee will still maintain all rights listed in this agreement, up to one year after license acquisition.
Documentation
Your receipt emailed to you after purchase, along with our transaction records serve as proof of this license acquisition, as well, serve as timestamps for the date that the license was acquired. The name listed as the purchaser in those records is considered the Licensee (you).
(2) STANDARD LICENSE
Distribution/Earnings
Licensee shall have the worldwide, non-exclusive right to broadcast the song they create with the Instrumental in unlimited media forms (radio, shows, TV/film, iTunes, YouTube, etc.). Licensee sell/distribute up to 5,000 units of the Song. Licensee may also use the song they create in any non-profit projects. Instrumental must be combined with other audio (lyrics) and cannot be exploited by Licensee, or any affiliate of Licensee in any way shape or form as an instrumental alone, with the exception of background music for film/media owned by Licensee. Licensee will need to renew this license if any limits are reached, to maintain rights.
Sync
Licensee may also synchronize the Instrumental with an unlimited number of YouTube videos owned by Licensee.
Royalties
No royalties will be owed to Licensor for the usage/exploitation/sale of the Song.
Copyright
Licensor maintains copyright ownership of Instrumental. Licensor and Licensee are jointly entitled to ownership of copyright of Song.
Credit
In all projects in which the Instrumental is used, Licensee shall properly give credit to Licensor as the creator of Instrumental in one of the following, or similar formats:
“Produced by Crank Lucas”
“Prod.by Crank Lucas”
“Beat by Crank Lucas”
“Production by Crank Lucas”
Term
All rights and terms in this agreement last for 1 (one) year after the acquisition (purchase) date of this license. This license will no longer be valid after one year of its purchase date, and will have to be renewed if the Licensee wishes to maintain these rights. If the Instrumental has been purchased exclusively, it will not be available for license renewal. Should the Instrumental be purchased exclusively during the term of this agreement, Licensee will still maintain all rights listed in this agreement, up to one year after license acquisition.
Documentation
Your receipt emailed to you after purchase, along with our transaction records serve as proof of this license acquisition, as well, serve as timestamps for the date that the license was acquired. The name listed as the purchaser in those records is considered the Licensee (you).
(3) PREMIUM LICENSE
Distribution/Earnings
Licensee shall have the worldwide, non-exclusive right to broadcast the song they create with the Instrumental in unlimited media forms (radio, shows, TV/film, iTunes, YouTube, etc.). Licensee sell/distribute up to 10,000 units of the Song. Licensee may also use the song they create in any non-profit projects. Instrumental must be combined with other audio (lyrics) and cannot be exploited by Licensee, or any affiliate of Licensee in any way shape or form as an instrumental alone, with the exception of background music for film/media owned by Licensee. Licensee will need to renew this license if any limits are reached, to maintain rights.
Sync
Licensee may also synchronize the Instrumental with an unlimited number of YouTube videos owned by Licensee.
Royalties
No royalties will be owed to Licensor for the usage/exploitation/sale of the Song.
Copyright
Licensor maintains copyright ownership of Instrumental. Licensor and Licensee are jointly entitled to ownership of copyright of Song.
Credit
In all projects in which the Instrumental is used, Licensee shall properly give credit to Licensor as the creator of Instrumental in one of the following, or similar formats:
“Produced by Crank Lucas”
“Prod.by Crank Lucas”
“Beat by Crank Lucas”
“Production by Crank Lucas”
Term
All rights and terms in this agreement last for 1 (one) year after the acquisition (purchase) date of this license. This license will no longer be valid after one year of its purchase date, and will have to be renewed if the Licensee wishes to maintain these rights. If the Instrumental has been purchased exclusively, it will not be available for license renewal. Should the Instrumental be purchased exclusively during the term of this agreement, Licensee will still maintain all rights listed in this agreement, up to one year after license acquisition.
Documentation
Your receipt emailed to you after purchase, along with our transaction records serve as proof of this license acquisition, as well, serve as timestamps for the date that the license was acquired. The name listed as the purchaser in those records is considered the Licensee (you).
Authenticity
If this copy of the agreement does not include the official “stamp of approval” Crank Lucas watermark in the background, then this agreement is invalid and grants you no right to use any part of the Instrumental.
(4) EXCLUSIVE RIGHTS
Distribution/Earnings
Licensee shall have the worldwide, exclusive right to broadcast the song they create with the Instrumental in unlimited media forms (radio, shows, TV/film, iTunes, YouTube, etc.). Licensee sell/distribute an unlimited number of units of the Song. Licensee may also use the song they create in any non-profit projects. Instrumental must be combined with other audio (lyrics) and cannot be exploited by Licensee, or any affiliate of Licensee in any way shape or form as an instrumental alone, with the exception of background music for film/media owned by Licensee. Licensee will need to renew this license if any limits are reached, to maintain rights.
Sync
Licensee may also synchronize the Instrumental with an unlimited number of YouTube videos owned by Licensee.
Copyright
Licensor maintains copyright ownership of Instrumental. Licensor and Licensee are jointly entitled to ownership of copyright of Song.
Credit
In all projects in which the Instrumental is used, Licensee shall properly give credit to Licensor as the creator of Instrumental in one of the following, or similar formats:
“Produced by Crank Lucas”
“Prod.by Crank Lucas”
“Beat by Crank Lucas”
“Production by Crank Lucas”
Term
All rights and terms in this agreement last for 1 (one) year after the acquisition (purchase) date of this license. This license will no longer be valid after one year of its purchase date, and will have to be renewed if the Licensee wishes to maintain these rights. If the Instrumental has been purchased exclusively, it will not be available for license renewal. Should the Instrumental be purchased exclusively during the term of this agreement, Licensee will still maintain all rights listed in this agreement, up to one year after license acquisition.
Documentation
Your receipt emailed to you after purchase, along with our transaction records serve as proof of this license acquisition, as well, serve as timestamps for the date that the license was acquired. The name listed as the purchaser in those records is considered the Licensee (you).
COMPENSATION
As full and final consideration for Company’s Services and for all rights granted in the
Agreement and hereunder, including without limitation the rights granted under
Section 6 hereinbelow, Client shall pay to Company: (i) the recoupable advance as set forth in Section 2 hereinbelow; and (ii) the Producer royalty set forth in Section 3 hereinbelow.
ADVANCE
Not later than ten (10) days following the complete execution of this Production
Agreement, Client shall pay Company, as a recoupable advance against Producer Royalties that may become due hereunder, the sum of xxx dollars (the “Advance”).
ROYALTIES
(a) Client shall pay Company a royalty on all exploitations of Masters, including without limitation net profits (defined below) of full-priced top-line Albums (including without limitation EPs) embodying the Masters at a basic rate of three percent (3%) of the retail base price or the equivalent purchase price to dealers of such Albums or EPs (the “Producer Royalty”). The basic rate shall be prorated based on a fraction, the numerator of which shall be the total number of Masters recorded hereunder and embodied on the Album or EP and the denominator of which is the total number of royalty-bearing master recordings (including the Masters) embodied on such phonorecord.
Net Profits shall be defined as follows: “Gross Income” as defined below, minus “Expenses”, as defined below.
Gross Income shall be any and all income monies received by Client from the exploitation of the Song, including from sale, license, assignment, lease, or rental of the Song or any other use thereof, including sale or license of phonorecords in any media now known or hereinafter developed throughout the world for as long as Client receives income from such exploitation.
Expenses shall mean any actual recording costs paid by Client, except the royalty payable to Company hereunder, including without limitation fees to session musicians, engineers, mixing, mastering, sample and clearance costs, and the Advance. Basically, the Company will receive 3% of gross income from the exploitation of his Instrumental, minus production costs and Advance.
(b) If the Masters embody any composition that is wholly or partly written, owned or controlled by Company or any person or entity in which Company has a direct or indirect interest, (a “Controlled Composition”), then Company hereby grants to Client and Client’s assignees, in perpetuity a license to exploit any such Controlled Composition in all forms and configurations of phonorecords and audiovisual recordings in any and all media in connection with such Masters. In consideration for the license to reproduce such Controlled Compositions mechanically, Client shall pay to Company a so-called “mechanical royalty” for net sales of the applicable Album (or Master as the case may be) embodying such Controlled Composition equal to the minimum statutory rate applicable to the use of musical compositions on audio recordings under the United States copyright law effective on the date hereof. Mechanical royalties payable in connection with any such Controlled Compositions will otherwise be accounted for, calculated and paid on the same basis (e.g., reductions, deductions, prorations, non-payments, etc.) as are Artist’s mechanical royalties under his Recording Agreement including, without limitation, any so-called “cap” on aggregate mechanical royalties.
Attached hereto as “Schedule A” are the so-called “gross writer splits” regarding the compositions underlying the Masters.
TERM
The term of this Agreement shall commence as of the date hereof and shall continue until either party terminates the Agreement upon thirty (30) days’ notice to other party of valid breaching of agreement.
NOTICE OF OUTSTANDING CLIENTS
The Client hereby understands that the underlying musical compositions produced/created by Company that make up part of the whole of the Masters (“Beats”) may have been non-exclusively licensed by other third-parties. Also, that those licenses will remain valid for up to one (1) year pursuant to their respective acquisition dates, even after the induction of this agreement, none of which will commence after the complete execution of this Agreement. After such period, the non-exclusive licenses acquired by said third-parties will be completely void, and said third-party Clients will not have any usage or distribution rights whatsoever to use/exploit songs created with Beats. Company agrees to completely refrain from licensing Beats, whether non-exclusively or exclusively, to any other third-party upon the execution of this agreement, along with compensation paid to Company by Client outlined in this agreement. Client indemnifies and holds Company harmless for any damaging circumstances caused by the exploitation of Beats by any prior third-party non-exclusive Client of Beats.
GRANT OF RIGHTS
(a) Masters shall be the sole property of Client throughout the universe, free from any claims whatsoever by Company, with the exception of Company’s right to jointly claim copyright authorship of the underlying musical compositions, alongside any other parties listed as “writers” in Schedule A; and Client shall have the exclusive right to copyright such Masters (as “sound recordings”) in his/her name as the owner and author thereof and to secure any and all renewals and extensions of such copyrights. The services rendered by Company in connection with Masters shall be deemed “work made for hire”.
(b) Without limiting the generality of the foregoing, Client and any person authorized by Client shall have the unlimited exclusive right, throughout the universe, to manufacture records by any method, now or hereafter known, be it physical or digital, derived from the Beats made hereunder, and to sell, market, transfer or otherwise deal in the same, under any trademarks, trade names and labels, or to refrain from such manufacture, sale and dealing. Such rights shall exist for the duration of the copyrights in such records.
(c) Client and Distributor have the exclusive right to distribute the Masters directly to consumers by means of any and all media, including, without limitation, by means of electronic transmissions. Note that although this is a work for hire provision, it applies only to the recording, not to the underlying musical composition. So, since the Company contributed to creating the Masters by composing the Beats, he retains his ownership of that part of the musical composition contained in the recording. Company grants Client the right to use his contribution to the musical compositions in the Masters, but retains the right to receive a royalty for that use (as noted in Section 3 of this agreement).
(d) Client and any Person authorized by Client each shall have the exclusive right throughout the universe, and may grant to others the right, to reproduce, print, publish, or disseminate in any medium Company’s name, portraits, pictures, likenesses and biographical material as news or information, or for the purposes of trade, or for advertising purposes in connection with Masters hereunder. During the Term of this Agreement, neither Client nor the Company shall authorize any Party other than Client to use the Company name or likeness in connection with the advertising or sale of Masters. As used in this Agreement, “name” shall include, without limitation, any professional names.
ACCOUNTING AND PAYMENT
Client shall account to Company on a semi-annual basis starting December 31st of the year of the induction of this agreement, and continue so long as Net Profits are earned, by furnishing statements and any payments due to Company after deduction of permissible Expenses. Each such accounting statement shall include a description of any transaction subject to this Agreement including identification of any third party, the amount paid and the nature of the products and/or services for which payment was made. Each such accounting statement shall cover all relevant transactions for the immediately preceding semi-annual period.
AUDIT
(a) Company shall have the right, at any time, to give Client written notice of Company’s intention to examine Client’s books and records with respect to each royalty statement. Such examination shall occur no more than twice each year and be commenced no sooner than one (1) month and no later than three (3) months after the date of such notice, at Company’s sole cost and expense. Such examination shall be made during Client’s usual business hours at the place where Client maintains the books and records which relate to Company, and which are necessary to verify the accuracy of the statement or statements specified in Company’s notice to Client.
(b) Company acknowledges that Client’s books and records contain confidential trade information. Neither Company nor Company’s representatives will communicate to others, or use on behalf of any other person, any facts or information obtained as a result of such examination of Client’s books and records, except as may be required by law or judicial decree.
LEGAL COUNSEL
Client hereby acknowledges that he has sought and received legal advice from independent counsel or that he has voluntarily waived his right to independent counsel with respect to the terms and provision contained in this Agreement.
INDEPENDENT CONTRACTOR
Company and Client shall have the relationship of independent contractors. Nothing herein shall be construed to place Company and Client in the relationship of principal and agent, employer and employee, master and servant, partners, or joint ventures, and neither party shall have expressly or by implications, represented themselves as having any authority to make contracts in the name of, or binding on, each other, or to obligate the other in any manner.
NOTICES
Notices, reports, accountings or other communication which the Company or the Client may be required or desire to send to the other, must be delivered EITHER by
Certified mail, return receipt requested to the parties at the addresses first written above or other address to be designated by Company or Client.
(b) Electronic mail at the following addresses: (i) for Client: ___________@___.com (ii) for Company:
GOVERNING LAW
This Agreement is made, and is to be construed under the laws of the State of Georgia with respect to contracts to be executed and performed in this State, and the courts of Georgia State shall have exclusive jurisdiction thereto.
ENFORCEMENT
If any provision of this Agreement shall be found invalid or unenforceable, then such provision shall not invalidate or in any way affect the enforceability of the remainder of this Agreement.
WARRANTIES AND REPRESENTATIONS
Company hereby agrees that he has the right to enter into this Agreement. He further warrants that no material contributed by him to the Instrumental violates any rights of any third party, and more specifically that he has not used any samples of any other copyright work without the express prior written permission of the Client.
INDEMNIFICATION
Company hereby agrees to and does indemnify, save, and hold Client harmless from all damages, liabilities, costs, losses and expenses (including legal costs and reasonable
attorney’s fees) arising out of or connected with any claim, demand, or action by a third party which is inconsistent with any of the warranties, representations, or covenants made by Company in this Agreement. Company agrees to reimburse Client, on demand, for any payment made by Client or Client’s designee(s) at any time with respect to any such damage, liability, cost, loss or expense to which the foregoing indemnity applies.
(5) CUSTOM BEAT LICENSE/SERVICES
Custom Beat License: Same as paragraph “4” above, with the exclusion of point 4.
Custom services such as “Mixing”, “Mastering”, “Instrumental Creation” (‘Custom Beats’), “Songwriting”, or any service provided privately by Crank Lucas shall require at least a 50% downpayment before work begins if customer cannot pay in full upfront.
Completed services will be MAILED to buyer on a flash drive, and must be signed for by buyer. Only “tagged” copies of work will be emailed to buyer for audit purposes only.
(6) REFUND POLICY
If you are not satisfied with any non-exclusive purchase (i.e. ‘Bronze, Silver, or Gold’ licenses), you can get a full refund from us if you notify us within 30 days of your purchase. However, you forfeit all rights to the corresponding instrumental(s). A refund in our PayPal records will constitute revoking of your rights to the corresponding products refunded.
This policy only applies to non-exclusive licenses (Bronze, Silver, & Gold). This DOES NOT apply to custom production or exclusive licenses.
There are NO refunds for custom services or exclusive licenses.
(7) RESERVATIONS
We do no allow reservations for exclusive rights to any of our products.
(8) PAYMENTS
Crank Lucas accepts PayPal, Credit/Debit Card (via Stripe) and money orders. Payment plans for purchases over $1,000 are liberally negotiable and have to been done by money order only.
(9) DELIVERY
All non-exclusive products are delivered instantly and digitally via email.
(10) AUTHENITCATION
By purchasing any product or service through Cranklucas.com, you automatically agree to these terms and conditions.
(11) PRIVACY POLICY
This Privacy Policy governs the manner in which Crank Lucas collects, uses, maintains and discloses information collected from users (each, a “User”) of the website (“Site”). This privacy policy applies to the Site and all products and services offered by Crank Lucas.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
Crank Lucas may collect and use Users personal information for the following purposes:
– To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
– To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Site
We may use feedback you provide to improve our products and services.
– To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
– To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
– To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
Changes to this privacy policy
Crank Lucas has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Crank Lucas
NOTE: You do NOT need a PayPal account to make purchases. We accept all major credit cards!
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