Leasing/Exclusive Rights Terms/Conditions

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  1. DEMO DOWNLOADS – Free downloads, $1 (one dollar) demo downloads of any beat produced by LaDonna Comer, ‘LaDonna Comer’, LaDonnaComer.com do not include any artistic or legislative rights to the beat. Those versions are only for non-profitable use, meaning only for demonstrational tracks. You are allowed to upload tracks (recorded over demo 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 written form to ‘LaDonna Comer’ (e.g. in the song description). You are NOT allowed to put the track on a mixtape or album, even if its for promotional use only. For this purpose you need to purchase at least a standard lease. The meaning of free downloads is to do a song for yourself, to do first pre-recording & to see if the song works out well & is worth, to make investments in on 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 the tag ‘LaDonnaComer.com’. Copying or ripping any audio material (e.g. beat, tag, sound, instruments, drums, etc) is prohibited & will not be tolerated at any time! The person disobeying this rule will likely face a law suit.
  2. LEASING RIGHTS (if applicable) – also know as a standard non-exclusive rights, purchasing a lease grants the customer limited artistic & legislative rights to the corresponding instrumental/beat (s) for two single profitable/commercial use on any medium (e.g. album, EP or mixtape) with a circulation of up to 2,500 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 instrumental/beat has not yet been sold with exclusive rights and is still available). If the instrumental/beat is not available for leasing, no more sales can be made after the sales cap is reached. A lease comes as a mixed single signature tag in the beginning ‘LaDonnaComer.com’  MP3/WAV-file & a contract/invoice, stating the rights of use. In addition, the customer is allowed to use the instrumental/beat for 2 profitable public performance with up to $2,500 USD earnings in total performance. A instrumental/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 LaDonna Comer, ‘LaDonnaComer.com’ 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, re-arrange, 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, DJ, etc), 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 any beat compositions as background element in TV, Film & DVD / Computer game projects without obtaining written consent & a separate license agreement. Licensee must include on all productions & products the producer(s) name. licensee agrees to display the producer(s) name in all physical media on 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, etc. (Example credits: ‘Beat Prod. By ‘LaDonna Comer’ or ‘Music produced by ‘LaDonna Comer’ Music © 2011 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produce by ‘LaDonna Comer’ within the file name. Furthermore, LEASING RIGHTS are subject to registration in points (7) – (12).
  3. PREMIUM LEASING RIGHTS (if applicable) – Same restrictions as in point (2) including the following differences. A premium non-exclusive rights comes as a mixed single tag in the beginning ‘LaDonnaComer.com’ MP3/WAV-file & a contract/invoice, 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 instrumental/beat for 5 profitable public performance with up to $5,000 USD earnings in total performance. All other terms concerning premium leasing rights are listed in points (2). These terms stay the same for all types of premium leasing rights. Furthermore, PREMIUM LEASING RIGHTS are subject to registrations in points (7) – (12).
  4. EXTENDED PREMIUM LEASING RIGHTS (if applicable) – Same restrictions’ as in point (2) & point (3) including the following differences: Instead of an allowed circulation of up to 2,500 or 5,000 sales units, the extended premium lease allows up to 10,000 sales units. In addition, the customer is allowed to use the instrumental/beat for 10 profitable public performance with up to $10,000 USD earnings in total performance.  All other terms concerning extended premium leasing rights are listed in points (2) & (3). These terms stay the same for all types of extended premium leasing rights. Furthermore, EXTENDED PREMIUM LEASING RIGHTS are subject to registrations in points (7) – (12).
  5. EXCLUSIVE RIGHTS (if applicable) – The purchase of exclusive rights grants the customer full artists & commercial rights to the purchased instrumental/beat(s). There is no sales cap related to exclusive rights.  An exclusive rights purchase comes as a mixed tag-free MP3/WAV-file (discount of 5% will be given to each instrumental/beat purchased with exclusive rights if customer will keep the single signature tag in the beginning of production ‘LaDonnaComer.com’), the corresponding separate tracks-lines (if available) & a contract/invoice, stating the rights of use. Once instrumental/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 instrumental/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 instrumental/beat will be marked as ‘Sold’ & any possible download & licensing options will be removed. Upon request, a sold instrumental/beat will be removed from any website & marketing space where it has been offered by the licensor LaDonnaComer, ‘LaDonna Comer’, LaDonnaComer.com. The licensor LaDonnaComer, ‘LaDonna Comer’, LaDonnaComer.com 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 the corresponding rights to another person (example –  Record Label, another production company, another producer, another artist, DJ, etc), 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 any instrumental/beat compositions as background element in TV, Film & DVD / Computer game projects without obtaining written consent & a separate license agreement. Licensee must include on all productions & products the producer’s name. licensee agrees to display the producer’s name in all physical media on 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, etc. (Example credits: ‘Beat Prod. By ‘LaDonna Comer’ or ‘Music produced by ‘LaDonna Comer’ Music © 2011 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produce by ‘LaDonna Comer’ within the file name. Royalties can be discussed further with the ‘LaDonna Comer’. Furthermore, EXCLUSIVE RIGHTS are subject to registration in points (7) – (12).
  6. CUSTOM INSTRUMENTAL PRODUCTION RIGHTS (if applicable) – Purchasing with this option it entitles Same restrictions’ as in point (5). All other terms concerning custom instrumental production rights are listed in points (5). These terms stay the same for all types of custom instrumental production. Furthermore, CUSTOM INSTRUMENTAL PRODUCTION RIGHTS are subject to registrations in points (7) – (12). Disclaimer: Custom instrumental(s) will be constructed on instructions you provide to LaDonnaComer, ‘LaDonna Comer’, LaDonnaComer.com’. The starting cost is 50 (fifty)% of the total amount. You will have 14 (fourteen) days to provide the complete payment upon completion of material if consumer fails to provide payment the transaction is void no refund provided and the instrumental/beat (s) will be uploaded for future sale.
  7. CREDIT AGREEMENT – Credit must always be give to ‘LaDonna Comer’. By making a purchase of any kind, the customer declares that he/she will give credit to the producer(s) where possible in a written form (CD cover/booklet, youtube videos, social network pages such Myspace or Facebook, etc.). Proper credit is give as following: (Example credits: ‘Beat Prod. By ‘LaDonna Comer’ or ‘Music produced by ‘LaDonna Comer’ Music © 2011 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produce by ‘LaDonna Comer’ within the file name.
  8. PAYMENTS – ‘LaDonna Comer’, LaDonnaComer.com accepts Google checkout, Paypal, Western Union, Money gram and US Cashier Checks. All payments are to be paid or are paid upfront before delivery of the producer. E.g. this means at the same time that services or products of  LaDonnaComer, ‘LaDonna Comer’, LaDonnaComer.com 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. Payment plans for services & products, can be set up individually. A separate individual agreement therefore is necessary. Payments plans can vary from 2 – 12 payment steps, at least ¼ of the total price of the service/product needs to be paid upfront. If the customer does not fulfill payment-plan obligations, & does not complete the payment plan, there will be no refund of any payments made, due to the administrative work and possible financial losses. The beat will be available again for sale & the customer will keep a premium lease (see 3) to the beat! Beats that are being paid with payment plans may no longer be sold with exclusive rights but may still be leased until the customer has completed the last payment step of the payment plan. In case of money-refund by any of the parties, the issued contract becomes invalid.
  9. PUBLIC PERFORMANCES – Non-profitable performances are allowed for any license type. Profitable performances are allowed with exclusive rights/custom productions, Two (2)  shows with standard rights, Five (5) shows with premium rights and Ten (10) shows allowed with extended premium rights! You may NOT use free/demo download version for public performances!
  10. DELIVERY – Some products maybe delivered via an automatic system – if not a delivery time frame of 24-48 business hours is possible. All products are delivered via e-mail or via a download link by a file-sending services such as mediafire.com. sendspace.com, 4shared.com, etc. Tangible copies will be delivered via purchasing exclusive rights & or custom instrumental productions only.
  11. GENERAL TERMS & CONDITIONS – By making a payment the customer declares that he/she is fully aware of terms/conditions and accepts and agrees to them. All terms/conditions are listed on the webpage www.LaDonnaComer.com. In cases of a change in any of the listed points or should one point become invalid, all other points stay unaffected & are still valid. This company’s legal domicile is United States of America. For this written agreement & general legal relationship, United Stats of America Law is applicable. If a instrumental/beat contains sampled material, the sample-clearing of itself needs to be done by the customer(s), not by LaDonnaComer, ‘LaDonna Comer’, LaDonnaComer.com. The licensee understands that they are responsible for clearing all samples that they choose to use & that the licensor cannot & 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 & accepts that he/she only paid for the production work of the producer(s). The licensor LaDonnaComer, ‘LaDonna Comer’,  LaDonnaComer.com’ does not claim to have any rights on any sampled material. Under no circumstances is a customer allowed to re-sell the beat in any form. Rights that are give to a customer are not transferable. No matter if exclusive rights are sold to a beat, LaDonnaComer, ‘LaDonna Comer’, LaDonnaComer.com will always be allowed to use that beat for own promotional uses. Therefore all beats sold exclusively stay on the webpage. Download & license options to the bet will be removed & the beat will be marked as ‘Sold’. customers may edit/alter the length of the beat as if they see fit, as long as they own a license to the beat & do not change the sound-structure of the instrumental/beat itself. No changes to a instrumental/beat are allowed, expect the 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, LaDonnaComer, ‘LaDonna Comer’, LaDonnaComer.com will be unbound of any further responsibilities to the customer & legally freed of any further duties. Any instrumental/beat by LaDonnaComer, ‘LaDonna Comer’, LaDonnaComer.com may NOT be uploaded on any websites without our permission. LaDonnaComer.com, LaDonnaComer, ‘LaDonna Comer’ is not responsible for other sites claiming to sell our instrumental/beat(s). Anybody abusing or disrespecting the listed terms/conditions will likely face a law suit.
  12. AFFILIATE/PROMOTIONAL SERVICES– By purchasing instrumental/beat, production services you are entitle to submitting your music for review, radio play, promotion, mixtape slots and more (must be produce/co-produce by LaDonna Comer for services). LaDonnaComer.com Submission: Send Song as attachment (MP3 format) CLEAN/RADIO EDIT VERSION, Artist Name(s), contact information, picture and short biography to SUBMIT@LaDonnaComer.com. Air it Out Radio Submission: Song as attachment (MP3 format), Artist Name(s), contact number, PROMO CODE: LADONNACOMER to: ITSAIRITOUTRADIO@gmail.com. You must call the show EVERY MONDAY between 10pm-1am EST to be put your song in rotation. Air It Out Radio is live every Monday night (unless stated otherwise) 10pm-1am Est call 347-677-1163 then press 1 to talk to the host Fiya Chick (Air It Out Radio Host & A&R for I.M.G Recordings) .

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