TERMS & CONDITIONS

 

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  1. Basic License
  2. Premium License
  3. Refund Policy
  4. Reservations
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(1) BASIC LICENSE

Definitions

The “Instrumental” is the musical composition (beat), exclusive of lyrical content, created by Licensor. The “Song” is the Instrumental accompanied by a lyrical performance created by Licensee, which constitutes a final master recording.

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, iTunes, YouTube, other digital distribution platforms, etc.). Licensee is granted 3 radio spins (refer to “6.Term” below). Licensee can earn up to 5000 Distribution Copies (refer to “6.Term” below) from the use/exploitation 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

Licensing of Song to third-party publishing entities for TV/Film is prohibited.

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 Kreatorz”

“Prod.by Kreatorz”

“Beat by Kreatorz”

“Production by Kreatorz”

Term

All rights and terms in this agreement last for 2 (two) years after the acquisition (purchase) date of this license. This license will no longer be valid after five years 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 five years after license acquisition.

Exclusive Rights

Licensee qualifies for exclusive rights (defined in par. 7b) ownership to instrumental at no extra upfront charge if Licensee achieves “Success” with Song. “Success” is “achieved” when Licensee (a) gets 100,000 streams or more, collectively, through any major music streaming service including but not limited to Spotify, Apple Music, Tidal... An entity qualifies as a major music distributor or streaming service if the entity publicly sells music (singles, albums, EPs, etc.) and grosses at least one hundred million dollars ($100,000,000) annually. For the avoidance of doubt, YouTube views and Soundcloud plays do not count as streams or sales.

Licensee must notify Licensor within thirty (30) days of achieving Success in order to receive further documentation granting him exclusive rights. Failure to notify Licensor will result in retroactive payment to Licensor for all revenue dating back to the date 100,000 streams (or 25,000 sales), which qualifies Licensee for exclusive ownership, was achieved.

(b) Exclusive Rights Defined

For the of doubt, this section is solely noted in this agreement to defined “Exclusive Rights”. Licensee will only be granted these rights & conditions if, and only if, Licensee achieves Success, and notifies Licensor within thirty (30) days of achieving Success. “Exclusive rights” are defined as follows:

i. ROYALTIES

(a) Licensee shall pay to Licensor a royalty on all exploitations of Song, including without limitation net profits (defined below) of full-priced top-line Albums embodying the Song at a basic rate of three percent (3%) of the retail base price or the equivalent purchase price to dealers of such Albums (the “Producer Royalty”). The basic rate shall be prorated based on a fraction, the numerator of which shall be one (1) and the denominator of which is the total number of royalty-bearing master recordings (including the Song) 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 Licensee 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 Licensee receives income from such exploitation.

Expenses shall mean any and all actual recording costs paid by Licensee, except the royalty payable to Licensor hereunder, including without limitation fees to session musicians, engineers, mixing, mastering, sample and clearance costs.

(b) Licensor hereby grants to Licensee and Licensee’s assignees, in perpetuity a license to exploit the Song (and also the Controlled Composition embodied therein) in all forms and configurations of phonorecords and audiovisual recordings in any and all media. In consideration for the license to reproduce the Controlled Composition mechanically, Licensee shall pay to Licensor a so-called “mechanical royalty” for net sales of the applicable Album (or Song 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 an applicable Recording Agreement, should one exist, including without limitation, any so-called “cap” on aggregate mechanical royalties.

For the purposes of any publishing income that may hereby and at some later date be due to any songwriter associated with the Song, Licensor, Artist and Licensee hereby agree and confirm to be bound by the so-called “split-sheet,” an example of which is attached hereto as “Schedule A”, once fully executed by all songwriters associated the Song. Licensor and Licensor’s publishers agree to be bound by the so-called controlled composition provisions in any applicable recording agreement concerning Artist (should one exist), and agree to issue a mechanical license for their share of the composition hereunder in accordance therewith, as well as free synch licenses for any promotional videos embodying the compositions hereunder.

ii. TERM

The term of the exclusive rights agreement shall commence as of the date Licensee achieves “Success”.

iii. NOTICE OF OUTSTANDING LICENSEES

The Licensee hereby understands that the underlying musical composition produced/created by Licensor that make up part of the whole of the Song (“Instrumental”) may have been non-exclusively licensed by other third-parties. Also, that those licenses will remain valid for up to five (5) years pursuant to their respective acquisition dates, even after the induction of the exclusive rights agreement, none of which will commence after the complete execution of the exclusive rights agreement. After such period, the non-exclusive licenses acquired by said third-parties will be completely void, and said third-party Licensees will not have any usage or distribution rights whatsoever to use/exploit songs created with Instrumental. Licensor agrees to completely refrain from licensing Instrumental, whether non-exclusively or exclusively, to any other third-party upon the execution of the exclusive rights agreement, along with compensation paid to Licensor by Licensee outlined in the exclusive rights agreement. Licensee indemnifies and holds Licensor harmless for any damaging circumstances caused by the exploitation of Instrumental by any prior third-party non-exclusive Licensee of Instrumental.

iv. GRANT OF RIGHTS

(a) Song shall be the sole property of Licensee throughout the universe, free from any claims whatsoever by Licensor and Licensee shall have the exclusive right to copyright such Song (as “sound recordings”) in its name as the owner and author thereof and to secure any and all renewals and extensions of such copyrights.

(b) Without limiting the generality of the foregoing, Licensee and any person authorized by Licensee 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 Song 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 in perpetuity.

(c) Licensee has the exclusive right to distribute the Song (or to engage a third-party to distribute the Song) directly to consumers by means of any and all media, including, without limitation, by means of electronic transmissions.

(d) Licensee and any Person authorized by Licensee 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, Licensor’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 Song hereunder… As used in the exclusive rights agreement, “name” shall include, without limitation, any professional names.

v. ACCOUNTING AND PAYMENT

Licensee shall account to Licensor on a semi-annual basis starting December 31st of the year of the induction of the exclusive rights agreement, and continue so long as Net Profits are earned, by furnishing statements and any payments due to Licensor after deduction of permissible Expenses. Each such accounting statement shall include a description of any transaction subject to the exclusive rights 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.

vi. AUDIT

Licensor shall have the right upon thirty (30) days advance written notice to Licensee to engage a certified accounting professional to inspect Licensee’s books and records at Licensee’s normal place of business during normal business hours, as the same may relate specifically to the royalties payable to Licensor hereunder, provided that Licensor shall: (i) only have the right to do so with respect to any royalty statement within 1 year of the date such statement was rendered, and only once with respect to any such statement, (ii) Licensor may only exercise the aforementioned right once every three (3) years and (iii) not have the right to inspect Licensee’s distributors’ books or records (if any). Without limiting the foregoing, if Licensee audits its distributors’ books and records (if any) and recovers additional royalties for the Song, Licensee shall promptly pay Licensor Licensor’s share of such royalties after such recovery is received by or credited to Licensee, after deduction of a proportionate share of the costs of such audit. Licensor’s royalties, if any, shall be sent to the address above. Any change in Licensor’s address must be provided in writing to Licensee at least fifteen (15) days before any applicable and scheduled payment date.

(b) Licensor acknowledges that Licensee’s books and records contain confidential trade information. Neither Licensor nor Licensor’s representatives (including the accountants conducting any such audit) will communicate to others, or use on behalf of any other person, any facts or information obtained as a result of such examination of Licensee’s books and records, except as may be required by law or judicial decree.

vii. LEGAL COUNSEL

Licensee hereby acknowledges that it has sought and received legal advice from independent counsel or that it has voluntarily waived his right to independent counsel with respect to the terms and provision contained in the exclusive rights agreement.

viii. INDEPENDENT CONTRACTOR

Licensor and Licensee shall have the relationship of independent contractors. Nothing herein shall be construed to place Licensor and Licensee 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.

ix. NOTICES

Notices, reports, accountings or other communication which the Licensor or the Licensee 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 Licensor or Licensee.

(b)          Electronic mail at the following addresses: (i) for Licensee: ___________@___.com (ii) for Licensor: support@kreatorz-studios.com

x. GOVERNING LAW

The exclusive rights agreement is made, and is to be construed under the laws of Europe with respect to contracts to be executed and performed, and the courts of France shall have exclusive jurisdiction thereto.

xi. ENFORCEMENT

If any provision of the exclusive rights agreement shall be found invalid or unenforceable, then such provision shall not invalidate or in any way affect the enforceability of the remainder of the exclusive rights agreement.

xii. WARRANTIES AND REPRESENTATIONS

  1. Licensor warrants and represents that it has the authority and power to grant the rights granted herein, that Licensor’s contribution to the Song will be entirely original, and that the use thereof shall not infringe upon the rights of any person, firm, or entity.
  2. Licensor agrees to indemnify and hold Artist, Licensee and their respective affiliates and assigns harmless from and against any claims that are inconsistent with the foregoing, or with any representations, obligations, or agreements in the exclusive rights agreement.
  3. Without limiting the generality of the foregoing, the amount of any monies payable to Licensor hereunder may be reduced by the amount of any liability to which the foregoing indemnity relates. In addition, payment of such monies may be withheld pending the determination of any claim to which the foregoing indemnity re­lates, provided that the amount so withheld shall not exceed a good-faith estimate of the amount of the potential liability involved.
  4. Licensor further warrants that no so-called samples (i.e., third-party copyrighted material) are contained and/or embodied within the Song. If it is later determined that samples have been utilized in the production of the Song, Licensor will fully indemnify and hold Licensee, Artist and their respective licensees harmless from any liability as a result of such uses in accordance with the exclusive rights agreement.
  5. Licensor may not assign any of Licensor’s obligations hereunder, apart from designating a new party to receive Licensor’s royalty payments hereunder.

xiii. INDEMNIFICATION

Licensor hereby agrees to and does indemnify, save, and hold Licensee 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 Licensor in the exclusive rights agreement. Licensor agrees to reimburse Licensee, on demand, for any payment

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) PREMIUM LICENSE

Definitions

The “Instrumental” is the musical composition (beat), exclusive of lyrical content, created by Licensor. The “Song” is the Instrumental accompanied by a lyrical performance created by Licensee, which constitutes a final master recording.

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, iTunes, YouTube, other digital distribution platforms, etc.). Licensee is granted 5 radio spins (refer to “6.Term” below). Licensee can earn up to 10000 Distribution Copies (refer to “6.Term” below) from the use/exploitation 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

Licensing of Song to third-party publishing entities for TV/Film is prohibited.

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 Kreatorz”

“Prod.by Kreatorz”

“Beat by Kreatorz”

“Production by Kreatorz”

Term

All rights and terms in this agreement last for 2 (two) years after the acquisition (purchase) date of this license. This license will no longer be valid after five years 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 five years after license acquisition.

Exclusive Rights

Licensee qualifies for exclusive rights (defined in par. 7b) ownership to instrumental at no extra upfront charge if Licensee achieves “Success” with Song. “Success” is “achieved” when Licensee (a) gets 100,000 streams or more, collectively, through any major music streaming service including but not limited to Spotify, Apple Music, Tidal... An entity qualifies as a major music distributor or streaming service if the entity publicly sells music (singles, albums, EPs, etc.) and grosses at least one hundred million dollars ($100,000,000) annually. For the avoidance of doubt, YouTube views and Soundcloud plays do not count as streams or sales.

Licensee must notify Licensor within thirty (30) days of achieving Success in order to receive further documentation granting him exclusive rights. Failure to notify Licensor will result in retroactive payment to Licensor for all revenue dating back to the date 100,000 streams (or 25,000 sales), which qualifies Licensee for exclusive ownership, was achieved.

(b) Exclusive Rights Defined

For the avoidance of doubt, this section is solely noted in this agreement to defined “Exclusive Rights”. Licensee will only be granted these rights & conditions if, and only if, Licensee achieves Success, and notifies Licensor within thirty (30) days of achieving Success. “Exclusive rights” are defined as follows:

i. ROYALTIES

(a) Licensee shall pay to Licensor a royalty on all exploitations of Song, including without limitation net profits (defined below) of full-priced top-line Albums embodying the Song at a basic rate of three percent (3%) of the retail base price or the equivalent purchase price to dealers of such Albums (the “Producer Royalty”). The basic rate shall be prorated based on a fraction, the numerator of which shall be one (1) and the denominator of which is the total number of royalty-bearing master recordings (including the Song) 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 Licensee 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 Licensee receives income from such exploitation.

Expenses shall mean any and all actual recording costs paid by Licensee, except the royalty payable to Licensor hereunder, including without limitation fees to session musicians, engineers, mixing, mastering, sample and clearance costs.

(b) Licensor hereby grants to Licensee and Licensee’s assignees, in perpetuity a license to exploit the Song (and also the Controlled Composition embodied therein) in all forms and configurations of phonorecords and audiovisual recordings in any and all media. In consideration for the license to reproduce the Controlled Composition mechanically, Licensee shall pay to Licensor a so-called “mechanical royalty” for net sales of the applicable Album (or Song 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 an applicable Recording Agreement, should one exist, including without limitation, any so-called “cap” on aggregate mechanical royalties.

For the purposes of any publishing income that may hereby and at some later date be due to any songwriter associated with the Song, Licensor, Artist and Licensee hereby agree and confirm to be bound by the so-called “split-sheet,” an example of which is attached hereto as “Schedule A”, once fully executed by all songwriters associated the Song. Licensor and Licensor’s publishers agree to be bound by the so-called controlled composition provisions in any applicable recording agreement concerning Artist (should one exist), and agree to issue a mechanical license for their share of the composition hereunder in accordance therewith, as well as free synch licenses for any promotional videos embodying the compositions hereunder.

ii. TERM

The term of the exclusive rights agreement shall commence as of the date Licensee achieves “Success”.

iii. NOTICE OF OUTSTANDING LICENSEES

The Licensee hereby understands that the underlying musical composition produced/created by Licensor that make up part of the whole of the Song (“Instrumental”) may have been non-exclusively licensed by other third-parties. Also, that those licenses will remain valid for up to five (5) years pursuant to their respective acquisition dates, even after the induction of the exclusive rights agreement, none of which will commence after the complete execution of the exclusive rights agreement. After such period, the non-exclusive licenses acquired by said third-parties will be completely void, and said third-party Licensees will not have any usage or distribution rights whatsoever to use/exploit songs created with Instrumental. Licensor agrees to completely refrain from licensing Instrumental, whether non-exclusively or exclusively, to any other third-party upon the execution of the exclusive rights agreement, along with compensation paid to Licensor by Licensee outlined in the exclusive rights agreement. Licensee indemnifies and holds Licensor harmless for any damaging circumstances caused by the exploitation of Instrumental by any prior third-party non-exclusive Licensee of Instrumental.

iv. GRANT OF RIGHTS

(a) Song shall be the sole property of Licensee throughout the universe, free from any claims whatsoever by Licensor and Licensee shall have the exclusive right to copyright such Song (as “sound recordings”) in its name as the owner and author thereof and to secure any and all renewals and extensions of such copyrights.

(b) Without limiting the generality of the foregoing, Licensee and any person authorized by Licensee 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 Song 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 in perpetuity.

(c) Licensee has the exclusive right to distribute the Song (or to engage a third-party to distribute the Song) directly to consumers by means of any and all media, including, without limitation, by means of electronic transmissions.

(d) Licensee and any Person authorized by Licensee 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, Licensor’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 Song hereunder… As used in the exclusive rights agreement, “name” shall include, without limitation, any professional names.

v. ACCOUNTING AND PAYMENT

Licensee shall account to Licensor on a semi-annual basis starting December 31st of the year of the induction of the exclusive rights agreement, and continue so long as Net Profits are earned, by furnishing statements and any payments due to Licensor after deduction of permissible Expenses. Each such accounting statement shall include a description of any transaction subject to the exclusive rights 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.

vi. AUDIT

Licensor shall have the right upon thirty (30) days advance written notice to Licensee to engage a certified accounting professional to inspect Licensee’s books and records at Licensee’s normal place of business during normal business hours, as the same may relate specifically to the royalties payable to Licensor hereunder, provided that Licensor shall: (i) only have the right to do so with respect to any royalty statement within 1 year of the date such statement was rendered, and only once with respect to any such statement, (ii) Licensor may only exercise the aforementioned right once every three (3) years and (iii) not have the right to inspect Licensee’s distributors’ books or records (if any). Without limiting the foregoing, if Licensee audits its distributors’ books and records (if any) and recovers additional royalties for the Song, Licensee shall promptly pay Licensor Licensor’s share of such royalties after such recovery is received by or credited to Licensee, after deduction of a proportionate share of the costs of such audit. Licensor’s royalties, if any, shall be sent to the address above. Any change in Licensor’s address must be provided in writing to Licensee at least fifteen (15) days before any applicable and scheduled payment date.

(b) Licensor acknowledges that Licensee’s books and records contain confidential trade information. Neither Licensor nor Licensor’s representatives (including the accountants conducting any such audit) will communicate to others, or use on behalf of any other person, any facts or information obtained as a result of such examination of Licensee’s books and records, except as may be required by law or judicial decree.

vii. LEGAL COUNSEL

Licensee hereby acknowledges that it has sought and received legal advice from independent counsel or that it has voluntarily waived his right to independent counsel with respect to the terms and provision contained in the exclusive rights agreement.

viii. INDEPENDENT CONTRACTOR

Licensor and Licensee shall have the relationship of independent contractors. Nothing herein shall be construed to place Licensor and Licensee 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.

ix. NOTICES

Notices, reports, accountings or other communication which the Licensor or the Licensee 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 Licensor or Licensee.

(b)          Electronic mail at the following addresses: (i) for Licensee: ___________@___.com (ii) for Licensor: support@kreatorz-studios.com

x. GOVERNING LAW

The exclusive rights agreement is made, and is to be construed under the laws of Europe with respect to contracts to be executed and performed, and the courts of France shall have exclusive jurisdiction thereto.

xi. ENFORCEMENT

If any provision of the exclusive rights agreement shall be found invalid or unenforceable, then such provision shall not invalidate or in any way affect the enforceability of the remainder of the exclusive rights agreement.

xii. WARRANTIES AND REPRESENTATIONS

  1. Licensor warrants and represents that it has the authority and power to grant the rights granted herein, that Licensor’s contribution to the Song will be entirely original, and that the use thereof shall not infringe upon the rights of any person, firm, or entity.
  2. Licensor agrees to indemnify and hold Artist, Licensee and their respective affiliates and assigns harmless from and against any claims that are inconsistent with the foregoing, or with any representations, obligations, or agreements in the exclusive rights agreement.
  3. Without limiting the generality of the foregoing, the amount of any monies payable to Licensor hereunder may be reduced by the amount of any liability to which the foregoing indemnity relates. In addition, payment of such monies may be withheld pending the determination of any claim to which the foregoing indemnity re­lates, provided that the amount so withheld shall not exceed a good-faith estimate of the amount of the potential liability involved.
  4. Licensor further warrants that no so-called samples (i.e., third-party copyrighted material) are contained and/or embodied within the Song. If it is later determined that samples have been utilized in the production of the Song, Licensor will fully indemnify and hold Licensee, Artist and their respective licensees harmless from any liability as a result of such uses in accordance with the exclusive rights agreement.
  5. Licensor may not assign any of Licensor’s obligations hereunder, apart from designating a new party to receive Licensor’s royalty payments hereunder.

xiii. INDEMNIFICATION

Licensor hereby agrees to and does indemnify, save, and hold Licensee 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 Licensor in the exclusive rights agreement. Licensor agrees to reimburse Licensee, on demand, for any payment

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).

 


(4) REFUND POLICY

If you are not satisfied with any non-exclusive purchase (i.e. Basic, or Deluxe 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. A maximum of 1 refund per 6 months is permitted per customer.

This policy only applies to non-exclusive licenses (Basic & Deluxe). This DOES NOT apply to custom production services.

There are NO refunds for custom services.


(5) RESERVATIONS

We do no allow reservations for exclusive rights to any of our products.


(6) PAYMENTS

Kreatorz Studios 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.


(7) DELIVERY

All non-exclusive products are delivered instantly and digitally via the Beatstars.com platform. Exclusive products & custom services are delivered directly via email.


(8) AUTHENTICATION

By purchasing any product or service through Kreatorz-Studios.com, you automatically agree to these terms and conditions.


(9) PRIVACY POLICY

This Privacy Policy governs the manner in which Kreatorz Studios, LLC collects, uses, maintains and discloses information collected from users (each, a “User”) of the https://kreatorz-studios.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Kreatorz Studios.

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

Kreatoorz Studios, LLC 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

Kreatorz Studios 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:
Kreatorz Studios
https://kreatorz-studios.com
support@kreatorz-studios.com

This document was last updated on May 18th, 2017