EXCLUSIVE-RIGHTS

THIS AGREEMENT, made and entered into on the (DATE) serves as a legally binding contract between k4GOD (Tomasz Korzeniowski) (“Licensor”) and [TRACK NAME] (“Licensee”). This agreement grants the Licensee exclusive rights to the Instrumental named “TRACK NAME” (“Instrumental”). All licenses are non-refundable and non-transferable. 

Master Recording 

The Licensor hereby grants the Licensee the right to record vocal and/or Instrumental synchronization to any or all parts of the Instrumental. The Licensee understands that their usage of the Instrumental is unlimited to use for commercial use. If the Licensee wishes to use the Instrumental in other new compositions, the Licensee does not have to purchase another license from the Licensor to use the Instrumental. The Licensee is allowed to edit the Instrumental by changing the arrangement of the Instrumental or by removing/adding any melodies and/or instruments. 

Profitable Distribution 

The Licensee is able to distribute unlimited units 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 media (online and/or offline). The Licensor expressly forbids resale or other distribution of the Instrumental, either as they exist or any modification thereof. 

Performance Rights 

The Licensor hereby grants to License an exclusive license to use the Master Recording in unlimited profit performances, shows or concerts. 

Synchronization Rights 

The Licensor hereby grants synchronization rights for unlimited music videos streamed online (YouTube, Vimeo etc..) for unlimited monetized video streams. The Licensor also grants the Licensee synchronization rights for unlimited monetized audio streams to sites like Spotify, Rhapsody etc.. 

Audio Samples 

If a beat contains sampled material, the sample-clearing of itself needs to be done by the Licensee. 

Ownership 

Upon purchasing exclusive rights, the Licensor maintains 100% full rights (copyright and ownership) of the Instrumental but is no longer able to resell it non-exclusively and/or exclusively. 

Credit 

The Licensee must give production credit to the Licensor for any and all distributed material (also on online platforms). This can be done in or on the CD booklet or outside cover, in the song or video descriptions. The Licensee must give production credit to the Licensor as “k4GOD” (e.g. “Prod.: k4GOD (k4GOD.pl)” or “Composer: k4GOD (k4GOD.pl)” or "beat: k4GOD (k4GOD.pl)” or "music: k4GOD (k4GOD.pl)” or "soundscore: k4GOD (k4GOD.pl)”) etc. 
Licensee must supply the Licensor with at least one (1) copy of each final recording made using the Instrumental (download link to music@k4god.pl). 
By receiving this contract via email, you automatically agree to the terms stated above and gain exclusive rights to the Instrumental.

 

YOUTUBE POLICY (CONTENT ID)

All license owners need to send me their link(s) to their video(s) and details of purchase so I can put their video(s) on the whitelist and remove the copyright claim within 24-48 hours – please send details/links to: music@k4god.pl including your order number, PayPal transaction ID, link to video(s) and email address used for purchase. This is the exact message you might receive: Due to a copyright claim, you are 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 you receive a copyright claim on youtube videos, even if you own a license. As listed above, please follow the instructions written in bold! Using a content ID program is the only way I can assure that only people with an appropriate muisc-license are monetizing their videos rightfully and legally on youtube. It also protects your videos from receiving fraudulent claims by third parties that claim to own the administrative rights to the music. If you have any questions concerning this issue, feel free to contact me anytime via email and I will respond in 24-48 business hours.

• EXCLUSIVE-RIGHTS means:

• UNTAGGED MP3 + WAV + WAV-TRACKOUTS

• FROM 333$ TO INDIVIDUALLY PRICE (23% VAT INCLUDED)

• 100% ROYALTY FREE

• BEAT/MUSIC/COMPOSITION AS UNTAGGED MP3 & WAV FILE

• SEPERATE WAV-TRACKOUTS / IF AVAILABLE

• DELIVERY VIA EMAIL AS DOWNLOAD-LINK(S)

• UNLIMITED VIEWS PROFITABLE STREAMS / SPOTIFY ETC.

• UNLIMITED VIEWS PROFITABLE VIDEOS / YOUTUBE ETC.

• beat/MUSIC/COMPOSITION CAN NOT STILL BE SOLD

• UNLIMITED PROFITABLE SHOWS

• UNLIMITED UNITS: SELL # COPIES / LIMITS

• UNLIMITED COMMERCIAL USE / PROFITABLE PROJECTS

• LIFETIME VALIDITY

• CREDITS MUST BE GIVEN TO "k4GOD"

 

Exclusive: also referred to as, ‘exclusive rights’, ‘buyout’ or ‘sole ownership’ 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 rights, licenses or products, etc. ‘Exclusive’ rights, licenses or products are restricted to the person, group, or area concerned.

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 my website(s) and/or marketplace(s).

Licensor: the licensor, also reffered to as ‘the producer’, ‘the composer’, formerly known as ‘k4GOD’, '"KoRz0n4GOD" ‘Tomasz Korzeniowski’, 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.

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 my website or marketplaces, which grants him/them/it rights to (a) beat-composition(s) produced by k4GOD (Tomasz Korzeniowski)

(1) EXCLUSIVE RIGHTS (if applicable) – The purchase of exclusive rights grants the customer full artistic and commercial rights to the purchased music. There is no sales cap related to exclusive rights. An exclusive rights purchase comes as a mixed tag-free WAV-file, a mixed MP3-file and the corresponding separate in WAV-format (also known as tracked outs) along with a license agreement/receipt, stating the rights of use and details of purchase. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of future sale/licensing within 72 hours. Previous leasing rights being sold before the music has been sold exclusively are not affected hereby and stay valid until the sales cap has been reached. Once exclusive rights are sold, the music/tracks(s) will be marked as ‘sold’ and any possible download and licensing option will be removed. Upon request, a sold music may be removed from any website and marketing space where it has been offered for sale by the licensor, if licensor agrees to. This excludes demonstrational videos (e.g. youtube, etc.) or demonstrational audio material used in intros, animations or as background music. The licensor expressly forbids re-sale or other distribution of the producer’s beat-composition, either as they exist or any modifications thereof for use in any competitive product, nor can licensee transfer his rights to the beat-composition to a third party if it’s not a full song with artist’s/licensee’s own vocals or at least lyrics. Licensee is allowed to sell his song over the beat-composition without any sales limitation or sales cap, worldwide and throughout the universe, without terminability, in any commercial/profitable form, and/or transfer the rights to his song over the beat, to another party such as Record Labels, another production company and another artist, but never the rights to the beat-composition itself for a standalone beat-composition product. The licensee understands that the licensor maintains 100% copyright and ownership of the original instrumental composition and that licensee buys exclusive sales rights and rights of use to the beat-composition(s) but not the intellectual property itself. This is necessary and entitles licensor to maintain the administrative and legislative rights to the beat-composition, in order to be able to ensure non-exclusive license owners administrative guidance and license-warranties. Licensee can use song(s) over beat compositions as background element in TV, Film and DVD / computer game projects without obtaining written consent and/or another license agreement. Licensee must include on all productions, products and any medium the producer’s name (k4GOD). Licensee agrees to display the producer’s name in all physical media or within web presentation of a portion (e.g. pre-listening) or sum of the original instrumental composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Booklets, Cassette tapes, LP’s, Cards, Cases, Boxes, etc. (Example credits: ‘Prod.k4GOD (www.k4GOD.pl)’ or ‘Beat/Music/Soundscore/Theme..etc.: k4GOD (www.k4GOD.pl))’. Used under license. Any displayed or downloadable files such as MP3-files must include ‘Music by k4GOD’ within the file name. Furthermore, EXCLUSIVE RIGHTS are subject to registrations in points (2) – (6).

(2) CREDIT AGREEMENT – Credit must always be given to ‘k4GOD’ in written form, for example ‘Prod.k4GOD (www.k4GOD.pl)’. 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, etc.). Proper credit is given as follows: (Example credits: ‘Prod.k4GOD (www.k4GOD.pl)’ or ‘Beat/Music/Composer/Soundscore/Theme etc.: k4GOD (www.k4GOD)’).. Used under license. Any displayed or downloadable files such as mp3s, wav files, etc. must include ‘Music by k4GOD’ within the file name. 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 my website. If there is doubt about an artist’s name, you, 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 music-composition contains such (a) hook(s), all credit as needed for ‘k4GOD’ is also needed to be given in written form as follows (‘Hook by Artistname’ or ‘featuring Artistname’). All hooks come royalty free as k4GOD (Tomasz Korzeniowski) owns full commercial/profitable rights to them. Beats with hooks being displayed as ‘instrumentals wth 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 k4GOD (Tomasz Korzeniowski) is required for proof of legal correctness.

(3) PAYMENTS – k4GOD (Tomasz Korzeniowski) accepts PayPal, Major Credit Card Payments and 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 k4GOD (Tomasz Korzeniowski) 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! Payment plans for services and products, can be set up individually. A verbal or written separate individual agreement therefore is necessary. Payment plans can vary from 2-10 payment steps, at least ¼ of the total price of the service(s)/product(s) needs to be paid upfront as a down-payment. If the customer does not fulfil his payment-plan obligations and does not complete the payment plan or keep up with the agreed payment rates and dates, there will be no refund of any payments made, due to the administrative work and possible financial losses. The music will become available again for sale. Music composition(s) that are being paid with payment plans will be put and marked ‘on hold’ on my website(s) and maketplaces, and may no longer be sold with exclusive rights, but may still be leased to multiple customers at the same time until the last payment step of the payment plan has been completed and the total amount of all items/services/products has been paid off. In case of a money-refund by any of the parties, the issued contract becomes invalid. 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.

(4) PUBLIC PERFORMANCES (Shows/Videos/Streams/Radio-and TV-airplay) – 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 with permission. Profitable performances are allowed with exclusive-lease See appropriate/specific license description and terms. TV- and radio-airplay or streams are only allowed for unlimited-lease and/or exclusive rights. Profitable live shows are allowed for any license. 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.

(5) DELIVERY – Products, files and documents are delivered electronically via an automatic system if purchased via our instant delivery store. All products, files and documents are delivered electronically via e-mail as download links, hosted through a file-sending service such as bandzoogle.com, license agreement(s) may be sent as attached pdf-file(s). No tangible/physical copies will be delivered via postal mail for any available licenses. Please check your spam and junk folders if you don’t find our e-mails in your inbox. Make sure you don’t block pop-up windows in your browser or links in your email provider/software. If links are not clickable, copy and paste the link(s) in the address bar of your browser. If you 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.

(6) 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 my 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 my official web-page www.k4god.pl/site-terms . 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. k4GOD (Tomasz Korzeniowski) has the legal right, but never the duty, to re-buy exclusive rights from the current exclusive rights license holder, for any amount of money, if the exclusive rights license holder agrees to it and wants to re-sell his exclusive rights back to the licensor. 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 my website www.k4GOD.pl and www.k4god.pl/site-terms. k4GOD (Tomasz Korzeniowski 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 Wadowice / Poland (Europe). For any point listed in this written agreement, any restrictions thereof and the general legal relationship, Polish 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 k4GOD (Tomasz Korzeniowski). The customer(s)/licensee(s) understand(s) that they are responsible for clearing all samples that they choose to use 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 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. The licensor 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, except for what is listed in the applicable license descriptions (specifically point 1-4 and all other restrictions). 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 non-exclusive license(s) and remain bound strictly and solely to customer/licensee. 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 rights or any other licenses are sold to a beat, k4GOD (Tomasz Korzeniowski) 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 exclusively sold compositions (exclusive rights) will be removed and the beat will be marked as ‘sold’ and become unavailable for any form of future licensing, except for non-exclusive license as defined in point (NON-EXCLUSIVE RIGHTS) – for active non-exclusive license owners read NON-EXCLUSIVE RIGHTS. Customer(s)/Licensee(s) may edit/alter the length of a compositions, mixing/mastering of a beat/music/composition (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 unrecognizable (e.g. only using drums or only using less than 70% of the entire sounds/instruments included in the original beat composition). 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-lease owners, unlimited-lease owners or for exclusive rights license owners, in both cases only with written consent or a verbal agreement and licensor’s approval. After the delivery of the beat-composition, k4GOD (Tomasz Korzeniowski) 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 k4GOD (Tomasz Korzeniowski) may NOT be uploaded on any website, marketplace or distributed in any form without his permission and written consent. k4GOD (Tomasz Korzeniowski) 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 k4GOD (Tomasz Korzeniowski) 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 k4GOD (Tomasz Korzeniowski) music, content, or physical and/or intellectual property, will likely face a law suit and criminal punishment and be held responsible for copyright infringement.

(7) DIGITAL DOWNLOAD POLICY / LIMITATION ON LIABILITY / TRADEMARKS AND COPYRIGHTS – All of our purchases and business activity is handled through PayPal and their secure servers or through national/international banks or institutions. k4GOD (Tomasz Korzeniowski) does not see, use, or know your financial information and we never ask for it. Your information remains private, period. We are not responsible for any damages incurred by malicious attacks on the internet. All items marked for sale on this website and marketplaces we offer our products are for digital download only. We do not deliver any physical goods to you 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 you 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. k4GOD (Tomasz Korzeniowski) 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 k4GOD (Tomasz Korzeniowski) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Trademarks, service marks, logos, and copyrighted works appearing on this site are the property of k4GOD (Tomasz Korzeniowski) or the party that provided the trademarks, services marks, logos, and copyrighted work. k4GOD (Tomasz Korzeniowski) 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.

 

NON-EXCLUSIVE-RIGHTS

All no license owners can not use my music without permission except private  listening. Send to me e-mail with details with link(s) to video(s), work, and details of project where would you use my music. Show purchase to give permision for non– profit using. I can decline without giving the reason. Please send details/links to: music@k4god.pl including your order number, PayPal transaction ID, link to video(s) and email address used for purchase. This is the exact message you might receive: Due to a copyright claim, you are 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 you receive a copyright claim on youtube videos, even if you own a license. As listed above, please follow the instructions written in bold! Using a content ID program is the only way I can assure that only people with an appropriate muisc-license are monetizing their videos rightfully and legally on youtube. It also protects your videos from receiving fraudulent claims by third parties that claim to own the administrative rights to the beats. If you have any questions concerning this issue, feel free to contact me anytime via email and I will respond in 24-48 business hours.