These Terms and Conditions comprise a legal agreement between You (the "Licensee") and Katriona Music (the "Licensor"), and governs your use of any music instrumental you purchase from katrionamusic.com. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING OR USING THE INSTRUMENTAL. BY PURCHASING OR USING THE INSTRUMENTAL, YOU AGREE TO BE BOUND THESE TERMS AND CONDITIONS AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT PURCHASE OR USE THE INSTRUMENTAL AND SHOULD IMMEDIATELY CEASE SUCH USE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED PURCHASE OR USE OF THE INSTRUMENTAL SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The music composition / master sound recording / musical recording / instrumental ("Recording") and the sole use of said musical Recording, covered by this license is owned by Katriona Music:
Licensor: Katriona Music
Publisher: Katriona Music
Delivered In: .mp3 format (if another audio format such as .wav or.aiff is requested and delivered, that won't affect any part of this agreement).
Basic Guidelines: The visual content which this Recording will be used for, and/or the song that will be made from the Recording (or any other use of the Recording): May not be used in anything sexually explicit or pornographic or any other defamatory use (including in connection with drugs, alcohol, sex or any sensitive topics such as politics). Licensor can terminate this agreement and use of Recording immediately if, based on facts, Licensee has engaged in any illegal or misappropriation activities, or refuses or neglects to perform their obligations that have been agreed upon, or uses the Recording in the forms described above. And the Recording cannot be used from then on. The Recording cannot be resold. Under no circumstances is a Licensee allowed to re-sell the Recording in any form. Rights that are given to the Licensee are not transferable. All licenses of the Recording(s) are non-refundable and non-transferable. All licenses will be sent to the buyers email address as a single MP3 file after the purchase is made via Paypal. Katriona Music accepts no responsibility for the payment transaction as it goes through Paypal. Email and online communications cannot be guaranteed to be secure or free from error or viruses. The e-mail transmission and any attachments/web links, as well as any other online communications, are believed to have been sent free of any computer virus or any other defect that might affect any computer system into which it is received and opened. It is, however, the buyer's responsibility to ensure that the e-mail transmission and any attachments/web links and other online communications are virus free, and Katriona Music accepts no responsibility for any damage that may in any way arise from their use. Thank you.
Purchases made from outside the UK will be charged at the exchange rate applicable for that period of time, and converted into the monetary value applicable for the Licensee's country, which will likely appear more than the stated price in GDP however, will be of equivalent value - which is all handled by Paypal. Taxes and exchange rate fees may also apply. Katriona Music accepts no responsibility for this currency conversion.
License: a) The Licensor hereby grants to License a non-exclusive license (this "License") to use in visual content (abiding by the guidelines above), and/or to record vocal synchronisation to the Recording partly or in its entirety and substantially in its original form ("Master Recording"). b) Licensee agrees not to manufacture, reproduce or distribute Licensor's Recording (including soundtrack albums, promotional CD's or any and all methods of sound recording) separately without a payment to Licensor.
Compensation: Licensor shall receive 100% of net profits and royalties earned by the visual or Master Recording directly related to the Recording only, upon receiving of payment.
Term: The term of this Agreement shall commence upon the purchase of Recording and shall remain in full force and effect for the duration of all copyrights in the Recording, including but not limited to any renewals and extensions.
Publicity: Licensor is allowed to promote the Recording, Master Recording and the visual content that is using her Recording, on her official website, social media websites, other websites, printed advertisements and other forms of promotion and advertising.
Rights: a) Licensor owns 100% of the rights, copyrights and publishing rights for the Recording. Licensor owns 100% of all worldwide music publishing, mechanical, performing and master rights for the Recording. Licensee agrees to specify Licensor as 100% writer, composer, music producer and Licensor for the Recording. b) Licensee shall have no right or authority (1) to make any change in or copy of the original composition of Recording or in the fundamental character of the music of the Recording (including, but not limited to, any parts, melodies, instruments, sounds, drum arrangements, etc); (2) to make any other use of the Recording not expressly authorised herein, without permission from Licensor.
Relationship of Parties: Licensor and Licensee are entering into this Agreement independently, and no partnership or joint venture or other association shall be deemed created by this Agreement.
Credit: By making a purchase of the Recording, the Licensee declares that he/she will give credit to Katriona Music as the composer and music producer of the Recording, where possible in all media and performance formats, in a written form (cd cover/booklet, Youtube videos, social network pages such as Twitter or Facebook, etc.), vocally and otherwise. Proper credit is given as follows: (Example credits: 'Instrumental produced by Katriona Music' or 'Music produced by Katriona Music'). Any displayed or downloadable MP3 files must include 'Produced by Katriona Music' within the file name.
Representations and Warranties: Licensor warrants and represents that all Recordings written, composed and produced by Licensor hereunder shall be 100% owned by Licensor. Licensor further warrants and represents that to the best of Licensor's knowledge after diligent investigation, such Recording(s) shall not infringe upon or violate the right of privacy of, or constitute a libel or slander against, or violate any common law rights or any other rights of any person or entity.
Indemnification: a) Licensee agrees to defend, indemnify and hold harmless Licensor from and against any and all claims, judgements, liabilities, damages, costs or expenses (including, without limitation, reasonable lawyer's fees) arising from any breach by Licensee of any representation, warranty, covenant or agreement made by Licensee. b) The fees, expenses and commissions of any attorney, lawyer, solicitor, accountant, agent or manager employed, retained or consulted by Licensee or his/her representatives, shall be borne solely by Licensee or his/her representatives.
Governing Law: This License and agreement is governed by the laws of England, United Kingdom. Licensor and Licensee hereby submit and consent to the jurisdiction of the state and federal courts located in England, United Kingdom and stipulate that such courts are convenient for the resolution of any disputes relating to this agreement or the formation, interpretation or breach hereof.
Entire Agreement: This Agreement cancels and supersedes all prior negotiations and understandings between Licensee, and Licensor relating hereto. No officer, employee or representative of Licensee has any authority or make any representation or promise not contained in this Agreement and Licensor expressly represents and warrants that Licensor has not executed this Agreement in reliance on any such representation or promise.
Additional Provisions: Voluntary Agreement: Licensee represents and warrants that he/she has entered into this Agreement freely and voluntarily without any duress, coercion or undue influence.
Other Guidelines: If the Recording and/or Master Recording contains sampled material, the sample-clearing of itself needs to be done by the Licensee, not by Katriona Music. 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 composition of Recording that is being licensed in this agreement. The Licensor does not claim to have any rights on any sampled material. The Licensee understands & accepts that he/she only paid for the Recording. After the delivery of the Recording following the Licensee's purchase of the Recording, Katriona Music will be unbound of any further responsibilities to the Licensee & is legally freed of any further duties. Any Recording by Katriona Music may NOT be uploaded and/or sold on any website without her permission. Katriona Music is not responsible for other sites claiming to sell her Recording(s).