terms and conditions

1) Definitions.

Licensee(s): also referred to as ‘customer(s)’, ‘client(s)’, ‘artist(s)’, ‘license owner(s)’ or ‘license holder(s)’ means the person(s), companie(s), organisation(s) and partie(s) that purchase(s) a product or license(s) from Notes Producer’s website or marketplaces, which grants him/them/it rights to (a) beat-composition(s) produced by Notes Producer.

Licensor: also referred to as ‘the producer’, ‘the composer’, formerly known as Notes Producer and N75 is the rightful owner of copyrights and originator/owner of the intellectual property and all rights to the music, beat(s), beat-composition(s), instrumental(s) and original sound recording(s). The licensor sells rights to his music and products and is the first part in the cue of licensing. The licensor has the worldwide, unlimited legal right to enter into this agreement and sell rights to his music and licenses throughout the universe, without terminability and any restrictions.

Beat-Composition(s): also referred to as ‘beat(s)’, ‘instrumental(s)’, ‘composition(s)’, ‘sound-recording(s)’, is the instrumental music that is being offered for sale, or being sold as a product in form of commercial/profitable rights of use and distribution, or offered freely, displayed, playing, embedded, and/or offered for sale or download on www.notesproducer.com and any other audible way. Beat-Composition(s) are instrumental music, tracks, compositions, stems, productions and musical material produced and composed by Notes Producer.

License(s): also referred to as ‘license agreement’, ‘rights agreement’ or simply ‘agreement’ stands for the type of rights a licensee will be granted by making a purchase of one or multiple products offered for sale on www.notesproducer.com and/or other websites/marketplace(s). The individual types of licenses are specifically defined in point 3).

Product(s): also referred to as ‘item(s)’ or ‘goods’ stand for ‘license(s)’, ‘beat-composition(s)’, ‘drum-kit(s)’, ‘sound(s)’ or any ‘service(s)’ offered for sale or free download on www.notesproducer.com and/or other websites/marketplace(s).

Non-exclusive / free download / creative commons: also referred to as ‘limited rights’ stand for rights, licenses and/or products, that are not solely granted or sold to one single person/company/organisation, but to multiple persons/companies/organisations at the same time. These rights, licenses or products have more strict restrictions and limitations than exclusive beats, licenses or products are not restricted to the person, group, or area concerned. The terms ‘non-exclusive / free download / creative commons’ means ‘not exclusive’.

Exclusive: also referred to as, ‘exclusive beats’, ‘exclusive lease’ stand for rights, licenses and/or products, that are solely granted or sold to one single person/company/organisation, but not to multiple persons/companies/organisations at the same time. These ‘exclusive’ rights, licenses or products have less strict restrictions and limitations than non-exclusive / free download / creative commons beats, licenses or products, etc. ‘Exclusive’ rights, licenses or products are restricted to the person, group, or area concerned. They may be sold even if the same have been sold non-exclusive / free download / creative common license before.

2) Content.

The Website www.notesproducer.com offers a wide selection and variety of content to its members and users. Members and/or users must evaluate and bear the risk associated with the use of the Website and related services. Notes Producer suggests that parents should supervise their children”s on-line activities and consider using parental control tools available to help provide an appropriate on-line environment for their children. Users are also encouraged to contact Notes Producer for evaluation of possible offensive material via e-mail: notesmusicproducer@gmail.com. Notes Producer reserves the right to act on such notices at its sole discretion.

3) Type of License.

a) FREE BEATS with Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Please read the full license here: https://www.notesproducer.com/free-download-cc-by-nc-nd/

b) EXCLUSIVE BEATS. Please read the full license here: www.notesproducer.com/exclusive-license/.

5) Credit agreement.

By making a purchase of any kind or downloading demo beats, tagged beats, etc. or any similar content, the customer declares that he will give credit to the producer where possible in a written form (CD cover/booklet, song or video descriptions, Youtube videos, file-names, mixtapes, albums, singles, remixes, social network pages such as facebook, music sites such as Soundcloud, Reverbnation, Facebook, Instagram, etc., any displayed or downloadable files such as mp3s, wav files, etc. Proper credit is given as follows: ‘Beat by Notes Producer www.notesproducer.com. Used under license’. If beat-composition(s) and/or licensed material contain(s) any pre-recorded and mixed/embedded hook(s) (also known as chorus) by an artist (singer/rapper), the name of the artist is listed and can be found in the filename(s) or purchased items and on www.notesproducer.com. If there is doubt about an artist’s name, licensee, the licensee or person entering into this agreement bound to the terms and conditions, has the responsibility to contact us for this information. In case a beat-composition contains such (a) hook(s), all credit as needed for Notes Producer is also needed to be given in written form as follows (‘Hook by Artistname’ or ‘featuring Artistname’). All hooks come royalty free as Notes Producer owns full commercial/profitable rights to them. Beats with hooks being displayed as ‘instrumentals with hooks’ are treated just like all other beat-compositions in regards of licensing and registrations in the terms & conditions. All artists that may be appearing on beats and performing hooks have been paid upfront for their work as ‘work for hire’ and are legally qualified to enter into this agreement without further agreement(s). No further license documentation by Notes Producer is required for proof of legal correctness.

6) Public performances.

Public performances are ‘live shows’, ‘live video streams’, ‘videos’, ‘audio streams’, ‘radio airplay’, tv airplay’ and ‘film music’ either as just music (standalone) or music in a movie, tv- or video-commercial, spot, etc. Non-profitable live performances or public performances (non profitable live shows, non profitable video streams, non-profitable audio streams) are allowed for any license type, without limitation in amount of performances. Profitable performances are only allowed with exclusive beats. TV- and radio-airplay or streams are only allowed for exclusive beats. Profitable live shows or monetized videos are only allowed for exclusive beats. All profitable public performances as well as allowed sales units, if applicable for license type, are royalty-free, this means licensee keeps 100% earnings/profits made.

7) Youtube videos (Content ID).

The licensor maintains the unlimited, worldwide rights to register his beat-compositions with a content-ID program/institution and be the sole administrator of Youtube rights using such a content ID program. This is necessary and entitles licensor to maintain the administrative and legislative rights to the beat-composition, in order to be able to ensure exclusive license owners administrative guidance and license-warranties. The main purpose is to stop people from stealing beats and using/monetizing them in videos without owning a license. What content-ID programs/institutions do is to scan Youtube videos for audio material produced by Notes Producer and automatically sends a copyright claim, which blocks licensee’s videos from monetization temporarily. This claim is more a notification and will not harm licensee’s channel or video, nor does it force licensee to take down the video(s). It only disables the monetization option temporarily. Licensee’s video will keep playing without any other limitations. Anyone using free downloads and tagged demo downloads in videos on Youtube can ignore this copyright notification as it doesn’t stop licensee’s video from playing and monetization wouldn’t be allowed for non-licensed beats at all. Monetization is only allowed with exclusive license. All license owners need to send us their link(s) to their video(s) and details of purchase so we can put their video(s) on the whitelist and remove the copyright claim. Please send details/links to: notesmusicproducer@gmail.com including licensee’s full name, link to video(s) and/or email address used for purchase. The licensee might receive a similar message: ‘Due to a copyright claim, licensee is no longer monetizing the following Youtube video’. It is still playable on Youtube, but the copyright owner could choose to show ads on it. It may therefore be possible that licensee receive a copyright claim on Youtube videos, even if licensee own a license. As listed above, please follow the instructions. Using a content ID program is the only way we can assure that only people with an appropriate beat-license are monetizing their videos rightfully and legally on Youtube. It also protects licensee’s videos from receiving fraudulent claims by third parties that claim to own the administrative rights to the beats. If licensee have any questions concerning this issue, feel free to contact Notes Producer anytime via email to: notesmusicproducer@gmail.com.

8) Payments.

Notes Producer accepts PayPal, major Credit Card payments, bank transfers. All payments are to be paid or are paid upfront before delivery of the product. E.g. this means at the same time that services or products by Notes Producer will only be delivered after receiving the payment(s), never upfront. Payments that are still pending and not being credited yet need to be credited first before delivery. Payments that are in any form held, refunded, cancelled or incorrect, by any of the parties, result that the issued contract(s)/license agreement(s) and all of the granted rights therein become invalid and reversed.

9) Delivery.

Products, files and documents are delivered electronically via an automatic system if purchased via Notes Producer’s instant delivery store, and also manually if peculiar technical problems occur. All products, files and documents are delivered electronically via e-mail as download links. Please check licensee’s spam and junk folders if licensee don’t find Notes Producer’s e-mails in licensee’s inbox. Make sure licensee don’t block pop-up windows in licensee’s browser or links in licensee’s email provider/software. If links are not clickable, copy and paste the link(s) in the address bar of licensee’s browser. If licensee experience any issues with download links, please try a different browser or computer/device. Most mobile phones and devices are not capable of downloading and saving files, in order to download the files/documents properly, please use a desktop computer such as a PC, Mac, Laptop or Macbook.

10) General terms and Conditions.

The license agreement(s) do not need to be signed by the customer(s)/licensee(s) and automatically become legally valid and active with purchase (payment needs to be fully credited) and receipt of purchased items. As displayed on Notes Producer’s website, customer automatically agrees to all registrations/content that are listed in the terms & conditions, and enters this agreement with purchase. By making a payment, the customer (licensee) declares that he is fully aware of the entire content listed in the terms and conditions, he fully accepts and agrees to them. Full Terms are listed on www.notesproducer.com/terms-and-conditions. In case of possible changes in any of the listed points, or should one point become invalid or adjusted, all other points in the the terms and conditions stay unaffected and are still valid. Previously sold licenses and granted rights stay unaffected by future changes to the terms and conditions. Notes Producer has the legal right, but never the duty, to re-buy exclusive beats from the current exclusive beats license holder, for any amount of money, if the exclusive beats license holder agrees to it and wants to re-sell his exclusive beats back to Notes Producer. Interested parties, customers/clients, and licensees/license holders have the full responsibility to read the terms and conditions before making a purchase, and check for updates and/or changes in the terms and conditions on Notes Producer’s website  www.notesproducer.com and www.notesproducer.com/terms-and-conditions. Notes Producer is not obliged for addressing any changes in the terms and conditions publicly at any time or in any form. This company’s legal domicile is Italy. For any point listed in this written agreement, any restrictions thereof and the general legal relationship, Italian Law is applicable in any case. If a beat contains sampled material, the sample-clearing of itself needs to be done by the customer(s)/licensee(s), never by Notes Producer. The customer(s)/licensee(s) understand(s) that they are responsible for clearing all samples that they choose to use and that Notes Producer cannot and will not be held liable for the misuse of any sampled material that the licensee uses in conjunction with the original instrumental composition that is being licensed in this agreement. The licensee(s) understand(s) and accept(s) that he/they only paid for the production work of the producer. Notes Producer does not claim to have/own any rights on any sampled material. Under no circumstances is a customer/licensee allowed to re-sell the beat itself or any modifications thereof, nor transfer the rights to the beat composition in any form to a third party. Rights that are given to a customer are not transferable and non-refundable, if a customer/licensee features another or other artist(s), not listed as license holders in his license agreement by date of purchase, the issued rights to the beat-composition for use in licensee’s/customer’s song(s), featuring the concerned artist(s), are non-transferrable to other’s and non-splittable, for any kind of license(s) and remain bound strictly and solely to customer/licensee. Exclusive beats license owners may split rights, transfer rights or share rights to the beat-composition in use of their song(s), by setting up an individual written agreement which needs licensor’s approval at his sole discretion in signed form. If any additional license agreement(s), new license agreement(s), or changes to (a) current license agreement(s), or any concerned additions/adjustments, etc. are desired, license agreement(s) or contract(s) must include these terms and conditions and refer to the points/content, listed in these terms and conditions in order to blend in with all required and necessary information/registrations for any license type, warranties, and general terms and conditions. All orders are final and cannot be changed/altered/adjusted/refunded afterwards, without licensor’s approval. No matter if exclusive beats or any other licenses are sold to a beat, Notes Producer will always be allowed to use that beat for own promotional uses, without limitation, worldwide and throughout the universe, without terminability. Therefore all beats sold exclusively may stay on the webpage or any websites and marketplaces they were offered, if licensor decides to. Download and license/purchase options to exclusive beats will be removed and the beat will be marked as ‘sold’ and become unavailable for any form of future licensing. Customer(s)/Licensee(s) may edit/alter the length of a beat, mixing/mastering of a beat (use of effects, change of volumes/levels, etc.), and general modifications, such as structure of instrumentation (seperate tracklines), as they see fit, as long as they own a license to the beat and do not change the sound-structure of the beat itself, so that the beat becomes. It is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for use in other compositions in a competitive product (for example: remixes or sampled music/beats) without written consent and licensor’s approval. Remixes using any material of the original beat composition, or musical versions covering the original beat composition, played with live instruments (orchestra, band, etc.) are only allowed for exclusive beats license owners, in both cases only with written consent and licensor’s approval. After the delivery of the beat, Notes Producer will be unbound of any further responsibilities and legal obligations to the customer(s)/licensee(s), and legally freed of any further duties. Musical Composition(s)/Beat(s) by Notes Producer may not be uploaded on any website, marketplace or distributed in any form without his permission and written consent. Notes Producer is not responsible for any other website(s), marketplace(s), companie(s) or person(s) claiming to sell his beats and owning rights to them, nor is Notes legally responsible, nor liable/amenable for any damage, harm, financial losses or legal issues, caused by anybody abusing, disregarding or disrespecting the listed terms and conditions. Anyone found to be abusing and violating these terms and conditions or any other legal aspect concerning Notes Producer’s music, content, or physical and/or intellectual property, will likely face a law suit and criminal punishment and be held responsible for copyright infringement.

11) Privacy Policy / Digital Download Policy / Limitation on Liability / Trademarks and Copyright.

We do not give out licensee’s information to anyone outside of Notes Producer’s business and it is held privately on a secure server. We do not spam or overflow licensee’s inbox and will only contact licensee with information regarding Notes Producer. By signing up to Notes Producer’s mailing list, purchasing an item from us or becoming a member, licensee acknowledge to be on Notes Producer’s mailing list as a recipient of Notes Producer’s news and updates. Of course licensee may opt out and unsubscribe Notes Producer’s newsletter at any time without need of sending us a message. All purchases and business activity on www.notesproducer.com is handled through PayPal and their secure servers or through national/international banks or institutions. Notes Producer does not see, use, or know licensee’s financial information and we never ask for it. Licensee’s information remains private. Find specific info about Notes Producer’s privacy policy, pleae visit https://www.notesproducer.com/privacy-policy. Notes Producer is not responsible for any damages incurred by malicious attacks on the internet. All items marked for sale on www.notesproducer.com and marketplaces we offer Notes Producer’s products are for digital download only. We do not deliver any physical goods to licensee for purchases. As a result, all sales on digital downloadable goods are final and we cannot offer a refund for something we cannot take back. In rare cases of duplicate purchases, or other rare circumstances, we will match what licensee paid with an item of equal or similar value. Every circumstance is different and will be dependent upon review on outcomes of the situation at hand. Notes Producer and its subsidiaries, affiliates, licensors, service providers and content providers will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if notes producer has been advised of the possibility of such damages. Trademarks, service marks, logos, and copyrighted works appearing on this site are the property of Notes Producer or the party that provided the trademarks, services marks, logos, and copyrighted work. Notes Producer and any party that provided trademarks, service marks, logos, and copyrighted works retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. All contents of www.notesproducer.com are: Copyright 2020 Notes Producer. All rights reserved.

12) Disclaimer.

If licensee have any questions concerning any of the points listed in this document or any content in the terms & conditions, licensee can contact us anytime via e-mail: notesmusicproducer@gmail.com before making a purchase to Notes Producer’s products or downloading/using any of www.notesproducer.com content/products, to avoid any misunderstanding. If any term, and/or corresponding content in these terms and conditions, is not understood fully, it is customer’s/licensee’s obligation to inform himself of the concerned terms to avoid any misunderstanding.

By making a purchase or downloading/using any of Notes Producer’s content/products, licensee automatically confirm that licensee have read and understand the full terms and conditions and fully agree to the terms and conditions. Since these terms can be fully accessed, viewed and are listed on Notes Producer’s official website(s) and marketplace(s), any issued license agreement automatically becomes valid with purchase or download/use of www.notesproducer.com content/products/property.

Date Of Terms & Conditions / Last Update: 01.05.2020 (dd.mm.yyyy) – Notes Producer (www.notesproducer.com)