Terms & Conditions

(1) FREE DOWNLOADS

Free downloads of any beat produced by ‘Phat Crispy Productions’ do not include any artistic or legislative rights to the beat. Those versions are only for non profitable use, meaning only for demo tracks. You are allowed to upload tracks (recorded over free downloaded beats) on internet pages like Myspace, Soundclick, Facebook, Soundcloud or Youtube, etc. When being uploaded or presented (for demonstrational use only!), credit always has to be given in a written form to ‘Phat Crispy’ (e.g. in the song description). You are NOT allowed to put the track on a mixtape or album, even if it is for promotional use only. For this purpose you need to purchase at least a lease. The meaning of free downloads is to do a song for yourself, to do first prerecordings and to see if the song works out well & is worth, to make investments in one of the license types. It is not allowed to make any kind of profit with free download versions. No video-, no TV-, no radio- airplay allowed! Furthermore it is not allowed to make any changes to the beat or remove any of the used tags. Copying or ripping any audio material (e.g. beat, tag, sounds, instruments, drums, etc.) is prohibited and will not be tolerated at any time! The person disobeying this rule will likely face a law suit.

(2) BASIC LEASING RIGHTS

Also known as non exclusive rights, purchasing a lease grants the customer limited artistic and 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 units. If this point of sale is reached and 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 and 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 or WAV file and a contract, 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 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 resale or any other distribution of the producer’s compositions, either as they exist or any modification thereof. You (the customer) can not 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 and 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 and a separate license agreement. Licensee must include on all productions and 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. prelistening) 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, etc. Example credits: ‘Beat prod. by Phat Crispy’ or ‘Music prod. by Phat Crispy’. Any displayed or downloadable MP3 files must include ‘prod. by Phat Crispy’ within the file name. Furthermore, LEASING RIGHTS are subject to registrations in points (6) – (10).

(3) PREMIUM LEASING RIGHTS

Same restrictions as in point (2) including the following differences: A premium lease comes as a mixed tag free MP3 or WAV file, the corresponding separate tracklines and a contract, stating the rights of use. Instead of an allowed circulation of up to 2.500 sales units, the premium lease allows up to 5.000 sales units. In addition, the customer is allowed to use the beat for 1 profitable public performance with up to $1.000 USD earnings in total of the performance. All other terms concerning premium leasing rights are listed in point (2). These terms stay the same for all types of premium leasing rights. Furthermore, PREMIUM LEASING RIGHTS are subject to registrations in points (6) – (10).

(4) UNLIMITED LEASING RIGHTS

Same restrictions as in point (2) including the following differences: A unlimited lease comes as a mixed tag free MP3 or WAV file, the corresponding separate tracklines and a contract, stating the rights of use. There is no sales cap related to unlimited leasing rights. In addition, the customer is allowed to use the beat for unlimited profitable public performance. Furthermore, UNLIMITED LEASING RIGHTS are subject to registrations in point (6) – (10).

(5) EXCLUSIVE RIGHTS

The purchase of exclusive rights grants the customer full artistic and commercial rights to the purchased beat. There is no sales cap related to exclusive rights. An exclusive rights purchase comes as a mixed tag free WAV file, the corresponding separate tracklines and contract stating the rights of use. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing/sale. Previous leasing rights being sold before the beat has been sold exclusively are not affected hereby and stay valid until the sales cap has been reached. It is therefore possible that a beat has been leased several times before exclusive rights are sold. The beat will be marked as ‘sold’ and any possible download and licensing option will be removed. Upon request, a sold beat will be removed from any website & marketing space where it has been offered by the licensor. The licensor expressly forbids re-sale or other distribution of the producer’s composition, either as they exist or any modifications thereof. You (the customer) cannot sell, loan, rent, lease, assign, remix, re-arrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or their 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 beat compositions as background element in TV, Film & DVD / computer game projects without obtaining written consent & or another license agreement. Licensee must include on all productions the producer’s name. 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. Example credits: ‘Beat prod. by Phat Crispy’ or ‘Music prod. by Phat Crispy’. Any displayed or downloadable MP3 files must include ‘prod. by Phat Crispy’ within the file name. Furthermore, EXCLUSIVE RIGHTS are subject to registrations in point (6) – (10).

(6) CREDIT AGREEMENT

Credit must always be given to ‘Phat Crispy Productions (Christian Demay)’. 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 myspace or facebook, etc.). Proper credit is given as follows: ‘Beat prod. by Phat Crispy’ or ‘Music prod. by Phat Crispy’. Any displayed or downloadable MP3 files must include ‘prod. by Phat Crispy’ within the file name.

(7) PAYMENTS

Phat Crispy Productions (Christian Demay) accepts Pay Pal, Western Union 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 Phat Crispy Productions (Christian Demay) 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 case of a money refund by any of the parties, the issued contract becomes invalid.

(8) PUBLIC PERFORMANCES

Non profitable performances are allowed for any license type. Profitable performances are only allowed with exclusive rights (1 show allowed within premium leasing rights). You may NOT use free download versions for public performances!

(9) DELIVERY

Products are not delivered via an automatic system – a delivery time frame of 24 business hours is possible. All products are delivered via email or via a download link by a file sending service such as mediafire.com. No tangible copies will be delivered.

(10) 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 webpage www.phatcrispy.com. In 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 Cologne /Germany. For this written agreement and the general legal relationship, German Law is applicable. If a beat contains sampled material, the sample clearing of itself needs to be done by the customer, not by Phat Crispy Productions (Christian Demay). 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, Phat Crispy Productions (Christian Demay) 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 of 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, Phat Crispy Productions (Christian Demay) will be unbound of any further responsibilities to the customer and legally freed of any further duties. Any beat by Phat Crispy Productions (Christian Demay) may NOT be uploaded on any website without his permission. Phat Crispy Productions (Christian Demay) is not responsible for other sites claiming to sell his beats. Anybody abusing or disrespecting the listed terms and conditions will likely face a law suit.