Q-Music License Terms

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  Q-Music License Terms

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.

1999-2007 Q-Music. All rights reserved.