BEATS T&Cs – Okinikini

1. NON-EXCLUSIVE 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 of the track already synchronized (with vocal audios) on any medium (e.g. album, EP or mixtape) with a circulation of up to 2000 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, the 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. The licensee cannot use any beat compositions as a background element in TV, Film & DVD / computer game projects without obtaining written consent & a separate license agreement. The 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: ‘Beat prod. by Ben Kandukira’ or ‘Music produced by Ben Kandukira’ … Music © 2019 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produced by Ben Kandukira’ within the file name. Furthermore, NON-EXCLUSIVE RIGHTS are subject to registrations in points (6) – (9).

2. EXCLUSIVE RIGHTS – The purchase of exclusive rights grants the customer full artistic & 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 track-lines & contract/invoice 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 & 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’ & any possible download & 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 resale 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. The licensee cannot use beat compositions as a background element in TV, Film & DVD / computer game projects without obtaining written consent & or another license agreement. The 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.

Furthermore, EXCLUSIVE RIGHTS are subject to registrations in point (3) – (6).

3. CREDIT AGREEMENT – Credits should be given to ‘Ben Kandukira/Big Ben Music’. 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: ‘Beat prod. by Ben Kandukira/Big Ben Music’ or ‘Music produced by Ben Kandukira/Big Ben Music’ © 2019 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produced by Ben Kandukira/Big Ben Music’ within the file name.

4. PAYMENTS – Ben Kandukira/Big Ben Music accepts payment via the specified payment gateway specified at Checkout at okinikini.com. 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 Ben Kandukira/Big Ben Music will only be delivered after receiving the payment(s). Payments that are still pending & not being credited yet need to be credited first before delivery!

5. DELIVERY – All products are delivered instantly via e-mail or via a download link by a file-sending service such as dropbox.com/wetransfer.com. Exclusive beats of the private catalog are delivered instantly after payment is received and verified.

6. GENERAL TERMS & CONDITIONS – By making a payment the customer declares that he is fully aware of the terms & conditions & accepts & agrees to them.

All terms & conditions are listed on the webpage www.okinikini.com.

In case of a change in any of the listed points or should one point become invalid, all other points stay unaffected & are still valid. The rights that are given to a customer are not transferable. No matter if exclusive rights are sold to a beat, Ben Kandukira/Big Ben Music will always be allowed to use that beat for its own promotional uses.

Therefore all beats sold exclusively stay on the webpage. Download & license options to that beat will be removed & 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 & 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, Ben Kandukira/Big Ben Music will be unbound of any further responsibilities to the customer & legally freed of any further duties. Any Beat by Ben Kandukira/Big Ben Music may NOT be uploaded on any website without his permission. Ben Kandukira/Big Ben Music is not responsible for other sites claiming to sell his beats. Anybody abusing or disrespecting the listed terms & conditions will likely face a lawsuit.