Royalty Free Music

The Q-Music music licensing store terms and conditions of use

Welcome to Q-Music. The following are the terms ("terms") and conditions that govern your use of the Q-Music site. The following terms and conditions of use embody a legally binding contract between you (the user and licensee) and Q-Music (the licensor). Before continuing to use this web site or download any of our sounds and media files please read, understand and agree to these terms in their entirety. By continuing to use this web site and our service, you are agreeing to be bound by these terms. If you do not agree with these terms, you must refrain from using our web site and our service.

License Terms

The following information details the licensing terms that will apply to any music licensed from Q-Music. When a user purchases a membership to Q-Music they become a 'licensee'. We will grant licensees of our music a non-exclusive, non-transferable license to use any of our music in audio visual multimedia productions. The license will last as long as your membership to Q-Music. If you would like to negotiate a license in perpetuity please contact us directly to negotiate a custom license.

Royalty Free

The term 'Royalty Free' simply means that our members will not be required to pay royalties for the use of our music. Your membership fee is the only price that you pay for your license to use our music in your multimedia productions.

Cue Sheets

When using our music in any type of broadcast production such as TV, Radio or theatrical release, You the licensee are required to file a cue sheet with your broadcaster so that the composer information can be passed on to the relevant PRO. Q-Music may contact you from time to time to ensure that this information is correctly passed on to your broadcaster. If you need any help in completing your broadcasters cue sheets Q-Music will be happy to assist you, simply use our contact form to get in touch and we will give you all the information that you will need.

Email and Spam Filters

Registered users and Licensees accept responsibility for receiving the email messages that are sent to them by the Q-Music web site. Q-Music cannot be held responsible for failure to receive important messages due to spam filter rejection or blacklisting of our mail service by your ISP. If you have purchased a Q-Music membership and have not received a copy of your receipt or login details please contact us via our contact form and we will be happy to assist you. Minors must have parental consent before agreeing to these terms or ordering any of the sounds available on this web site.

Derivative Works

You are not allowed to publish our music as your own, or as credited to yourself. If you wish to add lyrics, poetry, vocals or instrumental accompaniment to any of our music you must contact us to obtain a license based on your exact requirements.

General Disclaimer

The information on this Site is provided "as-is" without warranties of any kind, either expressed or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose, non infringement, or warranties of any kind.

Site Ownership

The site, services and materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the Intellectual Property Rights). Q-Music does not grant any express or implied rights to use the site, services and materials. This web site, its content and all related rights remain the exclusive property of Q-Music.

Exclusion of Damages

Q-Music makes no other warranty either expressed or implied, of merchantability, fitness for any particular use or compatibility with any software, computer or other kind of equipment. Neither Q-Music nor any of its trustees, agents, employees, representatives or associates shall be liable for any damages. Q-Music makes no representation or warranty that the User's access to and use of the Site (1) will be uninterrupted or error-free (2) is free of viruses, unauthorized code, or other harmful components, or (3) is secure. Users are responsible for taking all precautions necessary or advisable to protect against any claim, damage, loss or hazard that may arise by virtue of use of the Site. The entire risk as to the quality and performance of any material from this Site is with the user.

Limitation of Liability

Under no circumstances will Q-Music or the owner of any Media contained within the Q-Music web site be liable for any direct, incidental, consequential, indirect or punitive damages (including any lost profits or lost savings), or from User access or use of the Media on the Site. In any event, the combined limit of liability of Q-Music and the copyright holder of the Media shall be the fee paid by the user for the Media on the Site. Users acknowledge that without their agreement to this limitation of liability, we would not provide access to the Site or permit any use of the Media.

Indemnity

Users agree to indemnify and hold Q-Music, its directors, owners, shareholders, employees, agents, representatives, licensors, successors and assigns, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from violation of these Terms of Use, or other breach of this Agreement .Assignment
Q-Music may assign these Terms of Use, in whole or in part, at our sole discretion. You may not assign your rights under these Terms of Use without Q-Music's prior written permission. Any attempt by you to assign your rights under these Terms of Use without the written permission of Q-Music shall be deemed null and void. Privacy
Q-Music protects privacy of it's users and clients. Please see our Privacy Policy.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Q-Music . Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of law to be invalid, the parties agree that the other provisions of these Terms of Use remain in full force and effect. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall be forever barred.

Access

You will not disclose access codes or passwords used in accessing any area of the Q-Music web site 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 fees, any members posting Q-Music' sounds, usernames, passwords or links, to any newsgroups, message boards, web site's or forums. If you become aware of any unauthorized use or distribution of the sounds, you shall immediately notify Q-Music via our contact form.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.

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, licensing, or otherwise distributing the sounds would cause irreparable injury to Q-Music in a 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. 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.

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 original purchase fee paid by you to Q-Music.
Q-Music reserves the right to amend site/cd/dvd content & prices without notice.

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 separate licensing agreement. This type of specialist agreement can be obtained by contacting Q-Music via our contact form.You are NOT permitted to include our music in "web site templates or 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 ''native'' format and is not permitted unless you have negotiated a custom license agreement with our licensing department. This type of specialist agreement can be obtained by contacting Q-Music via our contact form.

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