By using the Q-Music website and
our products, you agree to be bound by the following terms and
conditions.
1. All sounds available from Q-Music
are licensed, not sold, to you by Q-Music. Q-Music is either the
owner or master licensee of the Sounds. The payment you make to
download the sounds gives you the non-exclusive right to incorporate
these sounds in your audio visual production, website, videogame,
or other media production, without paying any additional royalties,
license fees, or any other fees to Q-Music.*
*As a production company you will not be expected to pay royalties
on any Q-Music tracks for public performance, Radio or Television
broadcast unless you are the broadcaster. By broadcaster we mean
Television/Radio broadcasting company that is required by law
to pay a blanket PRS license regardless of the music you use.
End user companies that use our tracks for music on hold are classed
as the broadcaster and therefore are required by law to
negotiate their own licensing agreement with PRS. Companies that
produce "on hold" productions are not classed
as broadcasters and therefore should not be expected to pay a
royalty unless they have an agreement to the contrary with the
broadcasting companies that they create on hold productions for.
Your license to use our tracks in your projects has no time limit
even if you choose not to resubscribe.
2.You may not distribute, sell, rent, lease,
sublicense, assign, or otherwise transfer any of the sounds except
as incorporated in a production. You may not distribute the sounds
in native format.
3. Abuse
- You will not disclose access codes or passwords used in accessing
any area of the Q-Music website to any other party and will maintain
such codes or words as confidential. You will exercise due diligence
and maintain strict safeguards on all sounds received by you from
Q-Music to prevent unauthorized use or distribution thereof. Q-Music
reserves the right to remove any usernames and/or passwords and
ban, without notice or refund of membership, any members posting
Q-Music' sounds, usernames, passwords or links, to any newsgroups,
messageboards, websites or forums. If You become aware of any
unauthorized use or distribution of the sounds, You shall immediately
notify Q-Music via our contact page. Any kind of verbal abuse
on our members of staff via email or telephone will not be tolerated.
In this event Q-Music reserves the right to cancel your membership
and revoke your license without notice.
4. You will indemnify,
save, hold harmless and defend Q-Music from and against any and
all claims, demands, suits, damages, liabilities and all reasonable
expenses, including attorneys' fees, against or suffered by Q-Music
with respect to any matter that arises as a result of a breach
of this agreement by you.
5. Injunctive
Relief. You acknowledge that Q-Music has a proprietary interest
in the Sounds and that any use by you that intends to frustrate
the purpose of this agreement, including but not limited to selling,
renting, or otherwise distributing the sounds would cause irreparable
injury to Q-Music in way that could not be adequately compensated
by damages. You agree that, in the event of such improper use,
Q-Music shall be entitled to an immediate injunction without the
requirement of posting a bond.
6. Disclaimer
of Warranties. Q-Music expressly disclaims all warranties of conditions
of any kind, express or implied, including without limitation,
the implied warranty of title, non-infringement, merchantability
and fitness for a particular purpose.
7. Limitation
of Liability. You agree that Q-Music' cumulative liability with
respect to any claims made in relation to or arising out of this
agreement on any theory or basis will not exceed the membership
fee paid by you to Q-Music.
8. Q-Music reserves
the right to amend site/cd content & prices without notice.
9. Due to software
piracy defective Q-Music CD’s will not be refunded. You will be
issued with a replacement disc on return of the faulty item.
10. Where media and advertising agencies wish
to directly resell or re-license our music to their own clients,
permission must be granted by Q-Music
in a seperate licensing agreement. This type of specialist agreement
can be obtained by contacting us through our contact
form.
11. You are NOT
permitted to include our music in website/multimedia templates
that are sold or given away freely by such organizations as www.templatemonster.com
this is regarded as reselling our material in a ''stock'' format
and is not acceptable unless you have negotiated a custom license
agreement with our licensing department. This type of specialist
agreement can be obtained by contacting us through our contact
form.
12. Monthly Updates. Whilst
Q-Music has never failed to deliver a monthly update to the members
area you accept that from time to time the format of the monthly
updates may change due to demand from members. This means that
although the standard procedure is for us to add 3 full length
tracks per month we may occasionally deviate from this procedure;
for example there have been 2 instances in the last 12 months
where the monthly updates consisted of "10 Ambient Loops
for Flash". This is to cater to the needs that our members
express. You also acknowledge that the monthly updates are free
to members and as such do not constitute any part of your joining
fee.
13. Shipping
All packages are shipped from our offices in the UK. Depending
on your location and your local customs procedure some packages
may take between 7 and 10 working days to arrive at global destinations.
In most cases your package will arrive much sooner.
PLEASE NOTE:
- REFUNDS ARE ONLY GIVEN AT THE DESCRETION
OF THE MANAGEMENT.
If you are unsure that your requirements
fit within our terms and conditions please check with us and
we will let you know what is deemed acceptable use.