Terms and Conditions
Access to, and use of the www.arthurmcarthur.com website and service is provided subject to these Terms and Conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ACCESSING AND BROWSING THIS SITE CONSTITUTES ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THESE TERMS AND CONDITIONS.
As used herein, the term “www.ArthurMcArthur.com” refers to www.ArthurMcArthur.com, the sole owner and operator of the Website; the term “you” or “your” refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LEASING RIGHTS – Also known as non-exclusive rights, purchasing a lease grants the customer limited artistic & legislative rights to the corresponding beat(s) for one single profitable/commercial use on any medium (e.g. album, EP or mixtape) with a circulation of up to 2.500 sales unites. If this point of sale is reached & further sales are desired, also further rights with a new sales cap need to be obtained (if the beat has not yet been sold with exclusive rights & is still available). If the beat is no more available for leasing, no more sales can be made after the sales cap is reached. A lease comes as a mixed tag-free MP3-file, WAV-file & a contract/invoice, stating the rights of use. A beat can be leased to more than one person at the same time until exclusive rights are sold to the beat. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing. Previous leasing rights that have been sold before are not affected & stay valid until the sales cap has been reached. Leasing a beat does not make the customer the sole owner of the beat. The licensee is not allowed to get profitable radio-, video or television-airplay or to perform the song on commercial/profitable shows with a leasing license. For this purpose licensee must own exclusive rights to the beat. The licensor expressly forbids re-sale or any other distribution of the producer’s compositions, either as they exist or any modification thereof. You (the customer) cannot sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or the corresponding rights to another person (example – Record Label, another production company, another producer, another artist), or for use in any competitive product. The licensee understands that the licensor maintains 100% copyright & ownership of the original instrumental composition. Licensee cannot use any beat compositions as background element in TV, Film & DVD / computer game projects without obtaining written consent & a separate license agreement. Licensee must include on all productions & products the producer’s name. 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, Cassette tapes, LP’s, Cards, Youtube titles, Soundcloud, etc. (Example credits: ‘Prod by Arthur McArthur’ or ‘Music provided by Arthur McArthur’ … Music © 2016 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produced by Arthur McArthur’ within the file name. Furthermore, LEASING RIGHTS are subject to registrations in points (5) – (8).
CREDIT AGREEMENT – Credits should be given to ‘Arthur McArthur (Jeremy McArthur)’. By making a purchase of any kind, the customer declares that he will give credit to the producer where possible in a written form (cd cover/booklet, youtube videos, social network pages such as twitter or facebook, etc.). Proper credit is given as follows: (Example credits: ‘Prod by Arthur McArthur’ … © 2016 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produced by Arthur McArthur’ within the file name.
PAYMENTS – 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 Arthur McArthur will only be delivered after receiving the payment(s).
DELIVERY – All products are delivered via e-mail or via a download link by a file-sending service such as dropbox.com/wetransfer.com within a maximum of 7 business days after payment.
REFUND POLICY– www.ArthurMcArthur.com does not offer refunds of any kind. By signing up you agree to these terms and acknowledge that due to the nature of digital downloads we are not able to offer refunds. All sales are final since www.ArthurMcArthur.com products are downloadable digital media. Once you have the digital media, there is no way to “return” it. Since www.ArthurMcArthur.com offers non-tangible irrevocable goods we will not entertain any dispute or charge-back claims posted directly via www.ArthurMcArthur.com payment processors including PayPal. As a customer you are responsible for understanding this upon purchasing any item at our site. www.ArthurMcArthur.com reserves the right to suspend and/or terminate your user account because of such a claim.
LIMITATION OF LIABILITY– By availing yourself of the Website, Materials or related services, you agree to release and hold www.ArthurMcArthur.com and the employees, officers, directors, shareholders, agents, representatives of www.ArthurMcArthur.com, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with www.ArthurMcArthur.com , any third-party providers or sources of information or data and legal advisers (collectively, “www.ArthurMcArthur.com Affiliates”) harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of www.ArthurMcArthur.com that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold www.ArthurMcArthur.com Affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL www.ArthurMcArthur.com BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF BEATSTORE.CO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MODIFICATION OF TERMS AND CONDITIONS– From time to time, www.ArthurMcArthur.com may modify these Terms and Conditions. www.ArthurMcArthur.com may modify these Terms and Conditions in its sole discretion. Modifications will be effective when they are posted. www.ArthurMcArthur.com is not required to notify you that any modification has been made.