TERMS & CONDITIONS
(1) FREE DOWNLOADS – Free downloads of any beat produced by ‘Last Phase (Alonso Castro)’ do not include any artistic, commercial, profitable 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 free downloaded beats) on internet pages like Reverbnation, Soundcloud, Facebook, Soundclick or Youtube, etc. When being uploaded or presented (for demonstrational use only!), credit always has to be given in a written form to ‘Last Phase’ (example: Beat by Last Phase – lastphasebeats.com) (e.g. in the song description or song title). You are allowed to put the track on a free mixtape if it is for promotional use only and strictly for non-profitable purpose. If you want to put your song on an album, or manufacture physical copies, or sell your music in any form, you need to purchase at least a leasing license or higher license which is appropriate for your needs. The meaning of free downloads is to do a song for yourself, to do first pre-recordings and to see if the song works out well and is worth to make investments in one of the license types. It is not allowed to make any kind of profit with free download versions. No DVD-, no CD-, no TV-, no radio-streams or airplay allowed! No monetization of videos or any form of audio allowed. Furthermore it is not allowed to make any changes to the beat or remove any of the used tags or blend out parts of the beat (beat-drops). Copying, distributing, uploading or ripping any audio material (e.g. beat, tag, sounds, instruments, drums, etc.) in any form other than allowed in this agreement is strictly prohibited and will not be tolerated at any time! Downloading a tagged beat does not reserve rights to the beat for any form of future licensing. The person disobeying these rules will likely face a law suit for copyright infringement.
(2) LEASING RIGHTS – Also known as non-exclusive rights, purchasing a leasing license grants the customer limited artistic, commercial and legislative rights to the corresponding beat(s) for one single profitable/commercial use (e.g. album, EP, single or mix-tape) on any physical or digital medium such as CDs, DVDs, Blu-ray Discs, LPs, Cassettes, USB-Sticks or digital sales (e.g. itunes, google-play, etc.) with a circulation of up to 3.000 sales units, all royalty-free. If this point of sale is reached and/or further sales are desired, further rights with a new sales cap need to be obtained with a new license or license upgrade. If the beat is no longer available and offered for any form of licensing and/or marked as sold, license owners of any type of non-exclusive rights may upgrade their current license to the highest available non-exclusive license such as a Premium lease, etc. If exclusive rights are no longer available, this does not affect license owners from being allowed to upgrade their non-exclusive license(s) to the highest form of non-exclusive license(s). Once Licensee has reached the allowed number of sales and any other limits concerning his license agreement, no more sales can be made after the sales cap is reached. Licensee expressly agrees to remove his song from any marketplaces, stores, etc. to avoid the song from being sold or monetized continuously. A leasing license (non-exclusive) comes as a tag-free WAV/ MP3-file and a contract/invoice, stating the rights of use and details of purchase. A 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 and licensing, except for upgrading previously sold non-exclusive licenses to a higher non-exclusive license. Previous leasing/non-exclusive rights that have been sold before the beat is sold exclusively are not affected and stay valid until the applicable sales cap has been reached. Leasing a beat does not make the licensee the sole owner of the beat, nor does it give the licensee any administrative rights to the beat concerning legal actions against other license owners or anyone using any of the compositions offered by Last Phase Productions (Last Phase, Last Phase Beats). The licensee is not allowed to get profitable radio-, video- or television-airplay or to perform the song on commercial/profitable shows with a leasing rights license. For this purpose licensee must own exclusive rights to the beat or a higher non-exclusive license such as ‘premium leasing rights’, depending on which type of use he wants to market and distribute the song(s) over the beat(s). The licensor expressly forbids re-sale or any other distribution of the producer’s compositions, either as they exist or any modification thereof. You (the licensee) 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 or third party (example – Record Label, another production company, another producer, another artist), or for use in any competitive product. The licensee understands that the licensor maintains 100% copyright and ownership of the original instrumental composition. Licensee cannot use any beat compositions as background element in TV, Film and DVD / computer game projects without obtaining written consent and a separate license agreement. Licensee must include on all productions and products the producer’s name (Last Phase). Licensee agrees to display the producer’s name in all physical media or 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 Last Phase (Alonso Castro)’ or ‘Music produced by Last Phase (lastphasebeats.com)’ … Music © 2015 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘Beat by Last Phase’ within the file name. Furthermore, LEASING RIGHTS are subject to registrations in points (5) – (9).
(3) PREMIUM LEASING RIGHTS (if applicable) – Same restrictions as in point (2) LEASING RIGHTS, but including the following differences: A premium lease comes as a mixed tag-free WAV-file, tag-free MP3-file and the corresponding separate track-lines in WAV-format (also known as tracked outs) along with a license agreement/receipt, stating the rights of use and details of purchase. Instead of an allowed circulation of up to 3.000 sales units for LEASING RIGHTS, premium leasing rights allow up to 6.000 total sales units. Besides these allowed sales units (physical or digital song sales) which count as 1 profitable project, the customer/licensee is allowed to use the beat(s) for 1 further profitable project, either for public performances such as profitable live shows, or for monetized (profitable) videos (e.g. youtube, etc.). Licensee is allowed to earn up to $2000 in total through either live shows or monetized videos. Licensee may not split earnings for both types of public performances, only 1 type of public performance is allowed! Once licensee has reached the limit of his allowed sales units and allowed total earnings, and/or further sales are desired, further rights with a new sales cap need to be obtained with a new license or license upgrade. If the beat is no longer available and offered for any form of licensing and/or marked as sold, license owners of any type of non-exclusive rights may upgrade their current license to the highest available non-exclusive license such as a premium lease, etc. If exclusive rights are no longer available, this does not affect license owners from being allowed to upgrade their non-exclusive license(s) to the highest form of non-exclusive license(s). Once Licensee has reached the allowed number of sales and any other limits concerning his license agreement, no more sales can be made after the sales cap is reached. Licensee expressly agrees to remove his song from any marketplaces, stores, etc. to avoid the song from being sold or monetized continuously. All other terms listed in point (2) LEASING RIGHTS, which are not included in this point (3) in changed form or as an addition, count as general non-exclusive rights terms that are legally valid and relevant for Premium Leasing Rights. Furthermore, PREMIUM LEASING RIGHTS are subject to registrations in points (5) – (9).
(4) EXCLUSIVE RIGHTS – The purchase of exclusive rights grants the customer full artistic and commercial rights to the purchased beat. There is no sales cap related to exclusive rights. An exclusive rights purchase comes as a tag-free WAV-file, a tag-free MP3-file and the corresponding separate in WAV-format (also known as tracked outs) along with a license agreement/receipt, stating the rights of use and details of purchase. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of future sale/licensing. Previous leasing rights being sold before the beat has been sold exclusively are not affected hereby and stay valid until the sales cap has been reached. License owners of non-exclusive rights may upgrade their current non-exclusive license to a higher non-exclusive license (if available). It is therefore possible that a beat has been leased several times before exclusive rights are sold. Once exclusive rights are sold, the beat(s) will be marked as ‘sold” and any possible download and licensing option will be removed. Upon request, a sold beat may be removed from any website and marketing space where it has been offered for sale by the licensor, if licensor agrees to. This excludes demonstrational videos (e.g. youtube, etc.) or demonstrational audio material used in intros, animations or as background music. Licensee is not allowed, nor has the authority, to dis-allow/forbid other non-exclusive license-owners any use of the beat-composition(s) for commercial/profitable purpose or take legal actions against non-exclusive license owners. The licensor expressly forbids re-sale or other distribution of the producer’s beat-composition, either as they exist or any modifications thereof for use in any competitive product, nor can licensee transfer his rights to the beat-composition to a third party if it’s not a full song with artist’s/licensee’s own vocals or at least lyrics. Licensee is allowed to sell his song over the beat-composition without any sales limitation or sales cap, worldwide and throughout the universe, without terminability, in any commercial/profitable form, and/or transfer the rights to his song over the beat, to another party such as Record Labels, another production company and another artist, but never the rights to the beat-composition itself for a standalone beat-composition product. The licensee understands that the licensor maintains 100% copyright and ownership of the original instrumental composition and that licensee buys exclusive sales rights and rights of use to the beat-composition(s) but not the intellectual property itself. This is necessary and entitles licensor to maintain the administrative and legislative rights to the beat-composition, in order to be able to ensure non-exclusive license owners administrative guidance and license-warranties. Licensee can use song(s) over beat compositions as background element in TV, Film and DVD / computer game projects without obtaining written consent and/or another license agreement. Licensee must include on all productions, products and any medium the producer’s name (Last Phase). Licensee agrees to display the producer’s name in all physical media or 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, Booklets, Cassette tapes, LP’s, Cards, Cases, Boxes, etc. (Example credits: ‘Beat prod. by Last Phase (Alonso Castro)’ or ‘Music or Beat produced by Last Phase (lastphasebeats.com)’. Any displayed or downloadable files such as MP3-files must include ‘Beat by Last Phase’ within the file name. Furthermore, EXCLUSIVE RIGHTS are subject to registrations in point (5) – point (9).
(5) CREDIT AGREEMENT – Credit must always be given to ‘Last Phase (Alonso Castro)’ in written form, for example ‘Beat by Last Phase (lastphasebeats.com)’. By making a purchase of any kind or downloading tagged beats, etc. or any similar content, the customer declares that he will give credit to the producer where possible in a written form (cd cover/booklet, song or video descriptions, youtube videos, file-names, mixtapes, albums, singles, remixes, social network pages such as facebook, music sites such as soundcloud, reverbnation, etc.). Proper credit is given as follows: (Example credits: ‘Beat prod. by Last Phase (Alonso Castro)’ or ‘Beat by Last Phase (lastphasebeats.com)’. Used under license. Any displayed or downloadable files such as mp3s, wav files, etc. must include ‘Beat by Last Phase’ within the file name.
(6) PAYMENTS – Last Phase (Alonso Castro) accepts PayPal, Major Credit Card Payments and Bank transfers. All payments are to be paid or are paid upfront before delivery of the product. E.g. this means at the same time that services or products by Last Phase (Alonso Castro)) will only be delivered after receiving the payment(s), never upfront.
(7) PUBLIC PERFORMANCES (Shows/Videos/Streams/Radio-and TV-airplay) – Public performances are ‘live shows’, ‘live video streams’, ‘videos’, ‘audio streams’, ‘radio airplay’, tv airplay’ and ‘film music’ either as just music (standalone) or music in a movie, tv- or video-commercial, spot, etc. Non-profitable live performances or public performances (non profitable live shows, non profitable video streams, non-profitable audio streams) are allowed for any license type, without limitation in amount of performances. Profitable performances are only allowed with premium leasing rights, and exclusive rights. See appropriate/specific license description and terms. The only license allowing unlimited public performances of any kind, is exclusive rights. TV- and radio-airplay or streams are only allowed for Premium leasing rights and/or exclusive rights. Profitable live shows or monetized videos are allowed for any license higher than standard leasing rights (see restrictions in points 2-4). All profitable public performances as well as allowed sales units, if applicable for license type, are royalty-free, this means licensee keeps 100% earnings/profits made.
(8) DELIVERY – Products, files and documents are delivered electronically via an automatic system if purchased via our instant delivery store, and also manually within a delivery time frame of 24 business hours if purchased any other way. All products, files and documents are delivered electronically via e-mail as download links, license agreement(s) may be sent as attached pdf-file(s). No tangible/physical copies will be delivered via postal mail for non-exclusive rights licenses, upon request, we send tangible/physical copies in form of a printed license-agreement/receipt and a CD/DVD containing the files to the product(s) via postal mail, in case it’s an exclusive rights purchase. Please check your spam and junk folders if you don’t find our e-mails in your inbox. Make sure you don’t block pop-up windows in your browser or links in your email provider/software. If links are not clickable, copy and paste the link(s) in the address bar of your browser. If you experience any issues with download links, please try a different browser or computer/device. Most mobile phones and devices are not capable of downloading and saving files, in order to download the files/documents properly, please use a desktop computer such as a PC, Mac, Laptop or Macbook.
(9) GENERAL TERMS AND CONDITIONS – The license agreement(s) do not need to be signed by the customer(s)/licensee(s) and automatically become legally valid and active with purchase (payment needs to be fully credited) and receipt of purchased items. As displayed on our website, customer automatically agrees to all registrations/content that are listed in the terms & conditions, and enters this agreement with purchase. By making a payment, the customer (licensee) declares that he is fully aware of the entire content listed in the terms and conditions, he fully accepts and agrees to them. Full Terms are listed on our official web-page www.lastphasebeats.com/music/licenses-information. In case of possible changes in any of the listed points, or should one point become invalid or adjusted, all other points in the terms and conditions stay unaffected and are still valid. Previously sold licenses and granted rights stay unaffected by future changes to the terms and conditions. Last Phase (Alonso Castro) has the legal right, but never the duty, to re-buy exclusive rights from the current exclusive rights license holder, for any amount of money, if the exclusive rights license holder agrees to it and wants to re-sell his exclusive rights back to the licensor. Interested parties, customers/clients, and licensees/license holders have the full responsibility to read the terms and conditions before making a purchase, and check for updates and/or changes in the terms and conditions on our website www.lastphasebeats.com and www.lastphasebeats.com/music/licenses-information. Last Phase Productions (Alonso Castro) (also known as ‘Last Phase’ and ‘Last Phase Beats’) is not obliged for addressing any changes in the terms and conditions publicly at any time or in any form. If a beat contains sampled material, the sample-clearing of itself needs to be done by the customer(s)/licensee(s), never by Last Phase (Alonso Castro). The customer(s)/licensee(s) understand(s) that they are responsible for clearing all samples that they choose to use and that the licensor cannot and 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(s) understand(s) and accept(s) that he/they only paid for the production work of the producer. The licensor does not claim to have/own any rights on any sampled material. Under no circumstances is a customer/licensee allowed to re-sell the beat itself or any modifications thereof, nor transfer the rights to the beat composition in any form to a third party, except for what is listed in the applicable license descriptions (specifically point 2-4 and all other restrictions). Rights that are given to a customer are not transferable and non-refundable, if a customer/licensee features another or other artist(s), not listed as license holders in his license agreement by date of purchase, the issued rights to the beat-composition for use in licensee’s/customer’s song(s), featuring the concerned artist(s), are non-transferrable to other’s and non-splittable, for any kind of non-exclusive license(s) and remain bound strictly and solely to customer/licensee. Exclusive Rights license owners may split rights, transfer rights or share rights to the beat-composition in use of their song(s), by setting up an individual written agreement which needs licensor’s approval at his sole discretion in signed form. If any additional license agreement(s), new license agreement(s), or changes to (a) current license agreement(s), or any concerned additions/adjustments, etc. are desired, license agreement(s) or contract(s) must include these terms and conditions and refer to the points/content, listed in these terms and conditions in order to blend in with all required and necessary information/registrations for any license type, warranties, and general terms and conditions. All orders are final and cannot be changed/altered/adjusted/refunded afterwards, without licensor’s approval. No matter if exclusive rights or any other licenses are sold to a beat, Last Phase (Alonso Castro) will always be allowed to use that beat for own promotional uses, without limitation, worldwide and throughout the universe, without terminability. Therefore all beats sold exclusively may stay on the webpage or any websites and marketplaces they were offered, if licensor decides to. Download and license/purchase options to exclusively sold beats (exclusive rights) will be removed and the beat will be marked as ‘sold’ and become unavailable for any form of future licensing, except for non-exclusive license upgrading as defined in point (2) – point (4) for active non-exclusive license owners. Customer(s)/Licensee(s) may edit/alter the length of a beat, mixing/mastering of a beat (use of effects, change of volumes/levels, etc.), and general modifications, such as structure of instrumentation (seperate tracklines), as they see fit, as long as they own a license to the beat and do not change the sound-structure of the beat itself, so that the beat becomes unrecognizable (e.g. only using drums or only using less than 70% of the entire sounds/instruments included in the original beat composition). It is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for use in other compositions in a competitive product (for example: remixes or sampled music/beats) without written consent and licensor’s approval. Remixes using any material of the original beat composition, or musical versions covering the original beat composition, played with live instruments (orchestra, band, etc.) are only allowed for exclusive rights license owners (unlimited profitable use), with written consent or a verbal agreement and licensor’s approval. After the delivery of the beat, Last Phase (Alonso Castro)will be unbound of any further responsibilities and legal obligations to the customer(s)/licensee(s), and legally freed of any further duties. Musical Composition(s)/Beat(s) by Last Phase (Alonso Castro) may NOT be uploaded on any website, marketplace or distributed in any form without his permission and written consent. Last Phase (Alonso Castro) is not responsible for any other website(s), marketplace(s), companie(s) or person(s) claiming to sell his beats and owning rights to them, nor is Last Phase (Alonso Castro) legally responsible, nor liable/amenable for any damage, harm, financial losses or legal issues, caused by anybody abusing, disregarding or disrespecting the listed terms and conditions. Anyone found to be abusing and violating these terms and conditions or any other legal aspect concerning Last Phase (Alonso Castro)’s music, content, or physical and/or intellectual property, will likely face a law suit and criminal punishment and be held responsible for copyright infringement.
(10) DRUM KITS / SOUNDS – All products sold as ‚drum-kits’, ‚drum-packs’, ‚drum-sounds’, ‚one-shots’, ‚sounds’, ‚sound–packs’, ‚libraries’, ‚expansions’, ‚plug-ins’ etc. on our page are royalty free. This means that you buy the non-exclusive rights to use them freely in any sound/audio and/or audiovisual production without additional compensation to Last Phase (Alonso Castro). You may not distribute, sell, assign, license or otherwise transfer any of the sounds or kits except as incorporated in a production. You may not distribute the sounds or loops without the production of music and/or vocal production added or provide instruction as to how to extract the sounds or loops from a production. There will be no refunds for drum-kits in case you don’t like the sounds. You may not distribute the sounds or loops, either in native format or reformatted, filtered, re-synthesized or otherwise edited for use as sounds, multi-sounds, samples, loops, multi-samples in a sampler, sample playback unit, web site, computer or other media.
Explanation of Keys (see terms, listed in points above for details)
Licensee(s): also referred to as ‘customer(s)’, ‘client(s)’, ‘artist(s)’, ‘license owner(s)’ or ‘license holder(s)’ means the person(s), companie(s), organisation(s) and partie(s) that purchase(s) a product or license(s) from our website or marketplaces, which grants him/them/it rights to (a) beat-composition(s) produced by Last Phase (Alonso Castro)
Licensor: the licensor, also reffered to as ‘the producer’, ‘the composer’, formerly known as ‘Last Phase ’, ‘Alonso Castro’, ‘Last Phase Beats’ and ‘Last Phase Productions’ is the rightful owner of copyrights and originator/owner of the intellectual property and all rights to the music, beat(s), beat-composition(s), instrumental(s) and original sound recording(s). The licensor sells rights to his music and products and is the first part in the cue of licensing. The licensor has the worldwide, unlimited legal right to enter into this agreement and sell rights to his music and licenses throughout the universe, without terminability and any restrictions.
Beat-Composition(s): also referred to as ‘beat(s)’, ‘instrumental(s)’, ‘composition(s)’, ‘sound-recording(s)’, is the instrumental music that is being offered for sale, or being sold as a product in form of commercial/profitable rights of use and distribution, or offered freely, displayed, playing, embedded, and/or offered for sale or download on our website and any other audible way. Beat-Composition(s) are instrumental -music, -tracks, -compositions, -productions and -musical material produced and composed by Last Phase (Alonso Castro).
License(s): also referred to as ‘license agreement’, ‘rights agreement’ or simply ‘agreement’ stands for the type of rights a licensee will be granted by making a purchase of one or multiple products offered for sale on our website(s) and/or marketplace(s). The individual types of licenses are specifically defined in point (2) – point (4) and are furthermore subject to registrations in point (5 – 9) in the Terms & Conditions.
Product(s): also referred to as ‘item(s)’ or ‘goods’ stand for ‘license(s)’, ‘beat-composition(s)’, ‘drum-kit(s)’, ‘sound(s)’ or any ‘service(s)’ offered for sale or free download on our website(s) and/or marketplace(s).
Non-Exclusive: also referred to as, ‘non-exclusive rights’, ‘limited rights’, ‘leasing’ or ‘leasing rights’ stand for rights, licenses and/or products, that are not solely granted or sold to one single person/company/organisation, but to multiple persons/companies/organisations at the same time. These ‘non-exclusive’ rights, licenses or products have more strict restrictions and limitations than exclusive rights, licenses or products, etc. ‘Non-exclusive’ rights, licenses or products are not restricted to the person, group, or area concerned. The term ‚non-exclusive’ means ‚not exclusive’.
Exclusive: also referred to as, ‘exclusive rights’, ‘unlimited rights’, ‘buyout’ or ‘sole ownership’ stand for rights, licenses and/or products, that are solely granted or sold to one single person/company/organisation, but not to multiple persons/companies/organisations at the same time. These ‘exclusive’ rights, licenses or products have less strict restrictions and limitations than non-exclusive rights, licenses or products, etc. ‘Exclusive’ rights, licenses or products are restricted to the person, group, or area concerned.
If you have any questions concerning any of the points listed in this document or any content in the terms & conditions, you can contact us anytime via e-mail: firstname.lastname@example.org before making a purchase to our products or downloading/using any of our content/products, to avoid any misunderstanding. If any term, and/or corresponding content in these terms and conditions, is not understood fully, it is customer’s/licensee’s obligation to inform himself of the concerned terms to avoid any misunderstanding.
By making a purchase or downloading/using any of our content/products, you automatically confirm that you have read and understand the full terms and conditions and fully agree to the terms and conditions. Since these terms can be fully accessed, viewed and are listed on our official website(s) and marketplace(s), any issued license agreement automatically becomes valid with purchase or download/use of our content/products/property.