Terms & Conditions

[MISSION CROWNEY] TERMS AND CONDITIONS

Last Updated: [30.05.2018]

INTRODUCTION

The Terms and Conditions (“Terms”) describe how [Mission Crowney] (“Company,” “we,” and “our”) regulates your use of this website [www.missioncrowney.com] (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the Site frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.

Mission Crowney (John Stevens) is the music producer and creator at www.missioncrowney.com (Hereinafter called “the licensor”) or may also be referred to as “ the producer” the production of beats composed by Mission Crowney will be advertised for either free download, lease options and exclusive rights on this website www.missioncrowney.com.

Any beat, track or instrumental in it’s entirety advertised on www.missioncrowney.com (Hereinafter called “the production creative”). The client, customer who purchased the production creative or any form of service offered at www.missioncrowney.com (Hereinafter called “the licensee”) the visitor who browses this Site will be the visitor or may also be referred to as “the user”

Other Key Terms;

This should assist you going forward with all digital units online. In accordance with the written license terms for each individual rights below. A unit is measured as each individual sale of the user’s song through either singles, albums or any other commercial medium.

However, online a unit can also be measured by the allowance of usage for monetized online videos or online hits. So with this in mind, it will be worked out at the rate of 100 views per unit;

• 1,000 Units = 100,000 Views (If you estimate to receive this view count, then it would be suitable for Basic Lease Rights).
• 2,000 Units = 200,000 Views (If you estimate to receive this view count, then it would be suitable for Basic Lease Rights).
• 5,000 Units = 500,000 Views (If you estimate to receive this view count, then it would be suitable for Premium Lease Rights).
• 8,000 Units = 800,000 Views (If you estimate to receive this view count, then it would be suitable for Ultimate Lease Rights).
• 10,000 Units = 100,000 Views (If you estimate to receive this view count, then it would be suitable for Custom Lease Rights).
• Unlimited Units = Unlimited Views (Unlimited views is for Exclusive Right holders).

If the unit allowance (which will be distinctive to the license agreement purchased) momentarily reaches the end of the agreed allowance for that pertained license, and the licensee is acquiring an increased online hit or view count going forward, it’s the responsibility of the licensee to update their license accordingly for further development to avoid any legal inference and further prosecution.

(1) FREE DOWNLOADS 

Any Free production created by the licensor ‘Mission Crowney’ that is offered as a free download are just for demo tracks or songs for non-profitable and non-commercial use only. If you create a song, or record a track with a ‘Mission Crowney’ free download production creative, this can only be used for demonstration purposes only. You may upload your complete recorded song on free social media websites such as: Myspace, Soundclick, Facebook, Soundcloud or Youtube etc.

The user agrees to include the producer’s name in all physical media or by web presentation. Including but not limited to CD’s, CD covers, Cassette tapes, LP’s, etc. You must provide and display credit to the producer ‘Mission Crowney’ credit must be displayed in a written form.

Example credits: ‘Beat produced by Mission Crowney’, ‘Beat prod. by Mission Crowney’, ‘Music produced by Mission Crowney’, or ‘Music prod. by Mission Crowney’. Any displayed or downloadable MP3 files must include ‘prod. by Mission Crowney’ within the file name.

The Purpose For Free Downloads;

Free downloads help the user, whether you are a musician, artist or company to utilize the option of understanding if the song is a good fit and pre-determine if you’re happy with the recorded song in advance. If so, and the user would like to further promote this song for profit utilization; then the option would be to choose a license to invest in the production. A free download is not for profit use. No video, no TV, no radio-airplay allowed! Furthermore, the beat must remain as it sounds, no edits, changes, copying, ripping or adding instruments is allowed or remove any of the used tags on the production e.g. beat, tag, sounds, instruments, drums, etc.

You are NOT permitted to put the track on any type of complete musical project or any form of profit utilization. If you would like to use the free download beat for a musical project such as a mixtape or album you would be required to invest in a license option for specific rights defined as a Basic Lease Rights, Premium Lease Rights, Ultimate Lease Rights, Custom Lease Rights or Exclusive Rights.

This is prohibited and legal action will be taken! Anyone who decides to do this will likely face a lawsuit.

(2) BASIC LEASING RIGHTS 

This is also referred to as non-exclusive rights; a lease option can restrict the licensee legislative and creative rights. Basic lease rights production can be used on any medium such as an EP, mixtape or an album with a sale cap of 2.000 sale units maximum.

In the event that this cap of 2,000 sale units has been reached and the licensee is looking to sell more copies going forward from 2.000 sale units. It would then be required to buy a new lease option or an exclusive right to the beat.

A new extended lease can only happen if the production has not yet been sold as an exclusive right to another licensee and it is still currently on the market for a lease option. If it is not available and the production creative has finally been sold to another licensee under ‘Exclusive Rights’, the production creative will display as ‘Sold’ on the beat store.

In the event that a licensee purchases a basic lease license previously, and then decides they would like to extend the lease for a desired ‘sold’ production and finds it is no longer available for sale at missioncrowney.com beat store. The outcome for this for a basic lease rights license holder would result in all sales and promotion must cease immediately, only once their lease cap  for a basic lease license holder of 2,000 sale units has finally been reached.

The licensee will not be able to extend the previous lease license. Once a beat has been sold with exclusive rights, again it will never be accessible for any sort of leasing going forward and to any visitor that browses the Site.  If the production creative has not been sold as exclusive rights to another licensee, then all prior leasing rights still remain valid until leasing cap has finally been reached.

Any production can be leased as many times as desired by the producer or licensor ‘Mission Crowney’ to more than one individual until a user or licensee purchases exclusive rights for that production creative. Which would mean the producer is obliged and can no longer advertise and sell it as the production creative and again will be marked as ‘sold’.

What do you get with this license;

A basic lease will be delivered as an instant delivery by email and as a mixed MP3 or WAV File. It will be free from producer tags (Untagged). Leasing rights permit the licensee with a sale cap of 2,000 sale units. It does not make the user the owner of the production. The licensee or user is not permitted to get radio, video or TV airplay or if it’s an artist; not to perform the song on a commercial show for profit and promotion. For this reason, the licensee or user should claim either an upgraded lease right or an alternative agreement to the production creative for exclusivity.

What is forbidden with this license;

Not to use, promote or sell after the sale cap for this license has reached. It is also forbidden to utilize the production creative for public performances or for resale or any other distribution of the producer’s compositions, either as the production creative exists or any adjustment thereof. You (the licensee) cannot try to sell, lease, rent, remix, rework, change instruments, add instruments, drum programming or exchange all or any of the items sold or the relating rights to someone else. This could be either a record label, another production organization, another music producer or for use in any competitive product to acquire profit. The licensee comprehends that the producer or licensor keeps complete 100% copyright and responsibility for creating this unique instrumental arrangement.

The licensee can’t utilize any of the production in television, Film and DVD/computer games without written consent from the producer or licensor and a separate upgraded license must be obtained. If this is the requirement it can be discussed further by contacting the producer or licensor. The licensee agrees to include the producer’s name in all physical media or by web presentation. Including but not limited to CD’s, CD covers, Cassette tapes, LP’s, etc.

Example credits: ‘Beat produced by Mission Crowney’, ‘Beat prod. by Mission Crowney’, ‘Music produced by Mission Crowney’, or ‘Music prod. by Mission Crowney’. Any displayed or downloadable MP3 files must include ‘prod. by Mission Crowney’ within the file name. Furthermore, LEASING RIGHTS are subject to registrations in points (6) – (10).

The Basic Leasing Rights contract will be sent by email with date and time of delivery and will express the rights of the agreement.

(3) PREMIUM LEASING RIGHTS 

Same limitations as a basic lease rights holder (2) including these specific differences: Purchasing a premium lease is an instant delivery by email and comes as a mixed, free from producer tags, MP3 or WAV file for the production creative. Rather than a basic lease permitted a circulation of up to 2.000 sale units maximum, the premium lease gives the licensee up to 5.000 sale units.

What’s more and in addition, the licensee is permitted to utilize the production for ONE profitable public performance with the rights to earn a total of up to $1.000 USD profit. Every single other term concerning a premium lease right is highlighted in point (2). For all leasing rights, these terms remain the same. In addition, premium leasing rights are subject to registrations according to these specific points indicated in (6) – (10).

The Premium Leasing Rights contract will be sent by email with date and time of delivery and will express the rights of the agreement.

 (4) ULTIMATE LEASING RIGHTS 

Same restrictions as in point (2) including the following differences: An unlimited lease is an instant delivery by email and comes as a mixed, free from producer tags, MP3 or WAV file for the production creative, the corresponding separate track out audio files individually for suitable mixing support. An ultimate leasing rights gives the licensee a chance to achieve up to 8,000 sale units.

What’s more and in addition, the licensee is allowed to use the beat for TWO profitable public perf0rmances with the rights to earn a total of up to $3.000 USD profit. This license agreement also includes TV and radio play, Furthermore, unlimited leasing rights are subject to registrations in point (6) – (10).

The Ultimate Leasing Rights contract will be sent by email with date and time of delivery and will express the rights of the agreement.

(5) EXCLUSIVE RIGHTS 

Obtaining exclusive rights for a production, this will provide the licensee with full artistic and grants commercial rights with no cap on sales units. The production will be delivered as a mixed, free from producer tags, MP3 or WAV file with optimum quality, the corresponding separate track out audio files for custom audio mixing and with a respective agreement that proclaims your obtained rights to the song.

Obtaining exclusive rights means that it will no longer be marketed for any type of lease going forward by the licensor or producer. The beat will be marked as ‘sold’ and no further lease options will be available for any other user or licensee. All lease options for that production will be removed from the beat store completely. If it is desired the licensee with granted exclusive rights can request for the production to be completely removed from the beat store upon exclusive licensee request to do so. Otherwise, the production will remain in store and marked as ‘sold’ and no further options for lease or exclusive sale will be available.

The licensee will have a granted license to be able to use the production exclusively. If a production creative is purchased as exclusive rights and any prior leasing rights purchased from any other user or licensee for that now in turn exclusively sold production; will not be affected hereby and remain valid until the sales cap limitation has been reached for that particular purchased lease granted rights.

The licensee will be granted with exclusive rights to use the composition solely for their own artistic, creative and commercial purposes.  It is strictly forbidden to utilize the composition for resale either as the production creative exists or any adjustments thereof. You (the exclusive licensee or user) cannot sell, lease, loan, rent, rearrange, remix, rework, assign or change or remove instruments, add instruments, drums and melodies or transfer all or any of the products sold or the relating rights to another person. This could be a record Label, another production company, another producer, another artist or for use in any competitive product. The licensee comprehends that the licensor or producer keeps complete 100% copyright & ownership of the original instrumental arrangement due to the production being created by the producer or licensor.

Licensee can utilize the production compositions as advertisement background music in TV, Film & DVD / computer games. Licensee agrees to display the producer’s name in all physical media or within web presentation a portion or sum of the original instrumental composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, LP’s, Cards, etc.

50% publishing rights must be credited to the producer with BMI, ASCAP or any similar performance right, royalty organizations or anything similar etc.

Example credits: ‘Beat produced by Mission Crowney’, ‘Beat prod. by Mission Crowney’, ‘Music produced by Mission Crowney’, or ‘Music prod. by Mission Crowney’. Any displayed or downloadable MP3 files must include ‘prod. by Mission Crowney’ within the file name. Furthermore, LEASING RIGHTS are subject to registrations in points (6) – (10).

(6) CREDIT AGREEMENT 

The licensor or producer ‘Mission Crowney’ must always be given credit. Regardless of the purchased license rights option chosen by the user, the customer declares to provide credit to the producer for Mission Crowney creative works. This can be shown where possible in a written form (cd cover/booklet, web presentation, youtube videos, social network pages or profiles such as myspace or facebook, etc.). Credit should be constructed in written form as follows either example can be used:

Example credits: ‘Beat produced by Mission Crowney’, ‘Beat prod. by Mission Crowney’, ‘Music produced by Mission Crowney’, or ‘Music prod. by Mission Crowney’.  Any displayed or downloadable MP3 files must include ‘prod. by Mission Crowney’ within the file name.

(7) PAYMENTS & REFUND INFO

Payments can be accepted by utilizing PayPal. All payments will be sent to Mission Crowney, (John Stevens). 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 Mission Crowney (John Stevens) will only be delivered after receiving the payment. Payments that are still pending and not being credited yet need to be credited first before delivery! In the case of a money refund by any of the parties, the issued contract becomes invalid. Because this is a digital download product, no returns are accepted.

(8) PUBLIC PERFORMANCES 

If the user wants to perform the purchased product and it is for Non-profit, then it is deemed and accepted for any licensee obtaining any type of license to do so. If the user performs the production creative for profit, then it would only be accepted under purchasing exclusive rights (however 1 show is accepted within premium leasing rights) and (2 shows are accepted within ultimate leasing rights). It is forbidden to use a free download or basic leasing rights for public performances.

(9) DELIVERY 

The delivery time frame of 24 business hours is possible. Due to safeguarding against fraudulent activities online any type of license purchased production will not be delivered via an automatic system. However, all products will be delivered via email or via a download link by a file sending service such as mediafire.com. No tangible copies will be delivered and will be delivered instantly.

(10) PRIVACY POLICY

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

(11) YOUR ACCOUNT

When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.

(12) SERVICES

The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.

We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.

(13) THIRD PARTY SERVICES

The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).

The Company does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

(14) PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.

You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.

All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

(15) THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

(16) DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

 (17) INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.

(18) TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

(19) MISCELLANEOUS

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

(20) COMPLAINTS

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us at: John Stevens, Mission Crowney; Privacy Compliance Officer]. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

(21) CONTACT INFORMATION

We welcome your comments or questions about this Terms. You may contact us in writing at [info@missioncrowney.com].

(22) GENERAL TERMS & CONDITIONS 

By making a payment the customer declares that he is fully aware of the terms and conditions and agrees to them. All terms and conditions are listed on the web page www.missioncrowney.com. In the case of a change in any of the listed points or should one point become invalid, all other points stay unaffected and are still valid. This company’s legal domicile is Great Britain / United Kingdom. For this written agreement and the general legal relationship, U.K. Law is applicable. If a beat contains sampled material, the sample clearing of itself needs to be done by the customer, not by Mission Crowney (John Stevens). The beat will be labelled ‘sample’ from our beat store for that specific beat/instrumental/composition. The licensee understands 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 understands and accepts that he only paid for the production work of the producer. The licensor does not claim to have any rights on any sampled material. Under no circumstances is a customer allowed to resell the beat in any form. Rights that are given to a customer are not transferable. No matter if exclusive rights are sold to a beat, Mission Crowney (John Stevens) will always be allowed to use that beat for own promotional uses. Therefore, all beats sold exclusively stay on the webpage. Download and license options to that beat will be removed and the beat will be marked as ‘sold’. Customers may edit/alter the length of a beat 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. No changes to a beat are allowed, except length changes. Therefore it is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for other compositions. After the delivery of the beat, Mission Crowney (John Stevens) will be unbound of any further responsibilities to the customer and legally freed of any further duties. Any beat by Mission Crowney (John Stevens) may NOT be uploaded on any website without his permission. Mission Crowney (John Stevens) is not responsible for other sites claiming to sell his beats. Anybody abusing or disrespecting the listed terms and conditions will likely face a lawsuit.