1. Scope of Application
2. Terms of the standard license
treasureLOOPS grants to the users with the purchase of an audio loop sound file via the "Coins system" a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide license for the use of the respective audio loop sound file for admissible purposes / uses (as defined below).
a) Download of audio loop sound files under the standard license
If it's the first download of the user at treasureLOOPS the user before the download must purchase coins using his/her real full name and the correct and complete address. Unless otherwise provided, the user is entitled free of charge to use the audio loop sound files through offered by treasureLOOPS and third-party on the treasureLOOPS platform, to create his/her own original soundtracks for a movie, video and audio projects. The user may own music compositions or audio projects that were created using the audio loop sound files, transmit and / or distribute or send and sell them. The user is not allowed to distribute individual audio loop sound files, commercially or otherwise on a standalone basis, to distribute samples or to repack the audio loop sound files offered on the treasureLOOPS platform wholly or in part as audio samples, sound files, or sound effects. Rental or leasing the audio loop sound files as well as the sublicensing is expressly prohibited.
You as a user can therefore rest assured: you can do commercial music; you are allowed to sell only the audio loop sound files not as audio loop sound files.
Defects: The Downloader is obliged to examine the audio loop sound file immediately after downloading and when a defect is discovered, immediately notify treasureLOOPS of it. If the Downloader does not send any notification, the audio loop sound file shall be considered approved. The notice of defects must be made in writing with a concrete description of defects (deadline for notification of defects is 14 days after the download of an audio loop sound file).
Legal defects: If the parties are asserted against claims for infringement of intellectual property rights or other rights, the parties will notify each other immediately in writing.
Liability: If any damage of the Downloaders is a result of the data loss, treasureLOOPS is not liable for this.
b) Upload of audio loop sound files under the standard license
By accepting these license terms the user confirms before uploading an audio loop sound file that he/she owns the requisite for the upload and the other intended use of the audio loop sound file permissions and that it has no contractual relations with third parties (e.g. label or producer etc.) uploading and presenting the audio loop sound file precludes. treasureLOOPS reserves the right to reject audio loop sound files or delete them, if they do not meet the substantive and formal criteria of treasureLOOPS. The user is not entitled to setting an audio loop sound file or its whereabouts at treasureLOOPS.
Audio loop sound file request/quality: only audio loop sound files in AIFF format with at least 44, 1 kHz / 16 bit are accepted.
c) Rights to use the setting / presentation of audio loop sound files at treasureLOOPS and elsewhere
The user grants treasureLOOPS simple, spatially and temporally unlimited rights of use for the operation of the service, to the required extent.
In particular, treasureLOOPS users acknowledge the right to discontinue the relevant audio loop sound files in treasureLOOPS and make the necessary reproductions. Furthermore, the user grants treasureLOOPS the right to make the audio loop sound file publicly accessible, to broadcast it and otherwise, play in public, and in particular the making available or broadcasting by the transfer of the content to fixed or mobile endpoints of other users in the context of automated subscription services (Push services) or download services (Pull services) (e.g. RSS-Feed, Atom Feed, XML interface or other technologies), as well as the possibility for treasureLOOPS, to add the audio loop sound file to Internet search engines to make them discoverable.
The user also grants treasureLOOPS the right to link the individual pages on treasureLOOPS extensively with social networks such as in particular Facebook, Twitter, and SoundCloud and the users, in this context, the opportunity to enter the audio loop sound file on one of the audio loop sound file is associated with (Facebook, Twitter, SoundCloud, etc.-) Link to post with titles and preview their local accounts. To this end, the user treasureLOOPS acknowledges the right to the user who uses this ability to grant the necessary user rights.
The user also allows treasureLOOPS to use the audio loop sound file for the purpose of enhancing brand recognition and popularity of the platform, in short: to apply for treasureLOOPS as Internet offer. This can be online via Banner, Layer, and other common forms of advertising and offline, for example, in Ads in magazines or at events of all kinds.
treasureLOOPS allows to further use the audio loop sound files of other users with thematically similar or related audio loop sound files on a collection of audio loop sound files (hereafter referred to as "Collection") summarize and present them as such on treasureLOOPS.
To allow the download of the audio loop sound file for the Downloader, the Uploader acknowledges the treasureLOOPS necessary rights of use, allowing treasureLOOPS to acknowledge the rights necessary for the use according to the agreement to the Downloader.
The granting of rights of use to treasureLOOPS done by the user after he/she uploaded the audio loop sound file in the course of finalizing the hiring of audio loop sound file once again was pointed out in the license terms. The offer of the user is by clicking the "Loop upload" button and sending the upload form. treasureLOOPS accepts this offer by making available the audio loop sound file in the personal environment of the user on the website.
This also applies if individual audio loop sound files are part of a vector and the vector Downloader, i.e. all individual audio loop sound files contained in the Collection downloads for use.
The downloader can call the Uploader when using the audio loop sound file of his/her own production, but is not absolutely required to do so. An acceptable source would therefore read: "Audio-Loop: [Name of the Uploader]./ Source: treasureLOOPS [appropriately linked in online offerings]".
d) Pricing of Audio Loop of the sound data and the participation of the Uploader in the licensing revenues from paid downloads
The price of the audio loop sound file is determined according to the following criteria:
- Beat length: 4, 8, 16, 32 beats
Type of Loops:
- Software Loop
- was recorded with a software-based instrument
- Live Loop
- was played with a real musical instrument
- Special Loop
- with extra length or seconds length instead beat length, e.g. sound effects (noise scenes etc..)
The pricing of the audio loop sound files is done automatically according to the loop release by treasureLOOPS.
4 and 8 beats = 2 Coins
16 and 32 beats = 4 Coins
4 and 8 beats = 3 Coins
16 and 32 beats = 6 Coins
X beats / seconds = from 2 Coins
treasureLOOPS involves the Uploader in achieving of the income by the downloads of his audio-loop-sound file liable to remuneration according to the following criteria. If the download of one audio loop sound file, under use of purchased coins, the Uploader is entitled to 80% of coins revenue that have been achieved through the licensing of the audio loop sound file, or the granting of rights of use.
The Uploader can see the status of the current record of participation in his/her personal account ("Account loops Coins").
The "merit" by the passing of rights of one audio loop sound file is always a fixed coin price of 0.20 euros per coin.
This means, that the merit of the Uploader with the achieved participation rate (80%) is calculated with this coin price (EUR 0.20) minus any used payment provider transaction fees.
The above participation rates also apply when were in some cases acquired discount (for example, with a discount code) coins were used or a collection has been downloaded with a quantity discount on the coins to be used.
The respective credit from the download of his/her audio loop sound files treasureLOOPS credits to the user in his or her account immediately as a commission. The user can at any time see the status of his earnings in his/her personal account at treasureLOOPS.
treasureLOOPS brings the merit for payment if the credit has reached at least EUR 50.00 and the Uploader requested a withdrawal. For this application, the Uploader must only provide the link for this purpose ("withdrawal request") select in his/her personal account, his/her full name, as well as his/her correct and complete address, and indicate whether he/she is subject to VAT (indication of the VAT-ID-no. and the "certificate for VAT exemption" in the first payment required) or not. The payout of earnings in some cases also to the end of the month can be done only at the express request of the Uploader, but not before the income has reached a level of 10.00 EUR. If the user has his/her bank account at a bank outside the euro area, all arising for international transfers increased bank charges are at his/her own expense. If the Uploader upon termination of the agreement still has a credit balance, it will be paid regardless of the amount within 14 days after the termination of the agreement.
e) Incorrect loop audio sound files and typical problem areas
The Uploader is solely responsible for the legal admissibility of his/her audio loop sound file and also of its contents with respect to treasureLOOPS. The Uploader guarantees treasureLOOPS that there are no legal barriers, as well as that his/her audio loop sound file generally does not violate third parties legal rights, so that the accessibility of his/her audio loop sound file through treasureLOOPS to the Downloader is guaranteed. Against this background the Uploader has to keep in mind in particular the following typical problem areas uploading (collection is not exhaustive) and then carefully checking his/her audio loop sound file.
The setting of an audio loop sound file at treasureLOOPS is not allowed when
- the Uploader has not made the audio loop sound file himself/herself, especially if the audio loop sound file is from other music and sound database or similar, the Uploader otherwise found it on the Internet, on a CD, etc. or the Uploader used unsettled samples;
- the Uploader has even edited an audio loop sound file that originally came from a different copyright, so it has been fundamentally altered, the original author of this edit has not agreed to that;
- the Uploader has already licensed audio loop sound file to third parties and its use, as provided in treasureLOOPS, legally prevents this licensing.
treasureLOOPS prohibits the setting of vocal/speech samples, which are defamatory or have derogatory content or are racist or violent.
3. Warranties and liability of the Uploader, Regress
The Uploader is subject to the statutory warranty obligations and also otherwise against treasureLOOPS is liable according to the statutory provisions. The Uploader is responsible for his/her audio loop sound files accurate categorization, keyword, caption and name. treasureLOOPS assumes no responsibility for the accuracy of any metadata that may be provided with the content. The Uploader puts or keeps the treasureLOOPS especially in c) referred to and the obligations reaffirmed by the local regulations of the Uploader of any and all liability and costs, including the costs of any proceedings and any compensation payments, fully free, if treasureLOOPS due to non - or incorrect performance of the license agreement concluded with the Downloader to complete, because the contractual rights to the audio loop sound file has been granted not or not sufficiently, if and insofar as this fact is based on a breach of duty to treasureLOOPS committed by the Uploader in the law granting, or if third treasureLOOPS because of the injury standing to copyright, power protection, legal personality, flag-legal or other rights on the audio loop sound file to claim them. treasureLOOPS will inform the Uploader without delay about the use and, as far as this is legally necessary or possible, opportunity for the defense of the asserted claim given to him/her. The Uploader will provide treasureLOOPS with the necessary proof of his/her of his right to perform the audio loop sound file, that treasureLOOPS intends to use, and also with all other available information about the facts of granting this right.
4. Duration of the agreement
This agreement is valid up to its termination. The User may terminate this Agreement by destroying the content and all authorized processing as well as their respective copies, archives and accompanying materials (if applicable) and by any use of the same content for any purpose. The Agreement shall be terminated automatically and without notice from treasureLOOPS when the user violates any terms of this Agreement. In the event of termination of this Agreement, the User is obliged to immediately cease the use of the content for any purpose; to destroy or delete all copies and archives of the content and the accompanying materials; and treasureLOOPS sends a request in written form to confirm that the User has followed these obligations.
treasureLOOPS reserves the legal discretion to revoke the license granted by this Agreement at a later date or to change and/or to replace the content with substitute content. Upon receipt of a notification to the address specified by the User in the account, the treasureLOOPS terminates the license for the replaced content with immediate effect on not yet existing audio loop sound files and this automatically relates to the replacement content. The user undertakes not to use the replaced content and any authorized processing for future audio loop sound files and to take all reasonable steps to discontinue the further use of the replaced content and any authorized adaptations of existing audio loop sound files.
As of August 2014. treasureLOOPS. All Rights Reserved.