Términos y Condiciones de uso

Welcome to Baghirabeats.com (the website). Please read the following basic conditions for the use of our website (the «Agreement»). If you use our website, it means that you agree to these terms.

GENERAL TERMS

These terms may change. If you use our website after such changes, it means that you accept the modified terms.

Web Content

All materials, including images, illustrations, designs, icons, photographs, videos, audio, written and other written and non-written materials that are part of this Website (collectively the «Content») are copyrights, trademarks and other intellectual property owned and controlled by Baghira («The Company») license. The entire website is protected by copyright and trademarks and all rights, titles and interests worldwide are owned by the Company.

The content of the website and the website as a whole are intended exclusively for personal and non-commercial use by users of the website. You may use the Content and other downloadable materials on the website for personal use only, download or copy.

As a result of such downloads or copies made, you do not acquire any right or title over the material or software (except for the Baghira Instrumentals Licenses, whose conditions are specified below).

You are not authorized to use the Content, the Website or its associated software, or parts thereof, to reproduce, publish, transmit, distribute, display, modify, sell content or part, or in any case exploit or create derivative works (With the exception of the Baghira Instrumental Licenses, whose conditions are specified below).

Except as expressly authorized, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, sell or offer for sale, create derivative works, transmit or otherwise exploit, Our site, nor any content thereof, except in the case of printed copies made for an exclusively personal use and excepting the Baghira Instrumentals, whose conditions of use are detailed later. In addition, these files can not be used to build any type of database. In the same way that when we consider it convenient to extract materials from other sources to support the various comments and writings contained herein, we respect the right of others to make a «fair use» of the materials contained in our site; In accordance with this, when it deems it appropriate, may extract and use materials posted on this site in accordance with the principles of «fair use».

Intellectual property

All intellectual property rights of the Website are owned by Baghira, or its licensors. This includes materials that are protected by copyright, trademark or patent. The content of the website, including (but not limited to the design) text, graphics or code is a collective work under the copyright laws in Spain and other copyright laws. All rights reserved. All trademarks, service marks and trade names (for example, name Baghira, Baghira Logo, name Estudio 808 and Estudio 808 logo) are trademarks or registered trademarks of Baghira.

Notwithstanding other restrictions, it is possible to use the content of the Website only for personal and non-commercial use of the products of the Website. Any other use is prohibited without the prior written authorization granted by Baghira. You agree to notify us of ownership of any downloaded or printed material on the site to change or delete.

Baghira welcomes your participation in the Website by sending comments, opinions, feedback and creative work.

Through comments, opinions, suggestions, ideas, creative work and other communications to the Web that you send, you acknowledge that you do not infringe the rights of third parties, including copyrights, trademarks, privacy or other personal or proprietary rights. You also agree that no comments submitted by you to the Website will be defamatory or otherwise unlawful, abusive or obscene. You are solely responsible for the content of all comments you submit.

Baghira will check the entire publication of the comments, opinions, suggestions, ideas and other proposals on the Website.

You acknowledge that Baghira has the right to review, edit, change and refuse to post material that, in Baghira’s judgment, does not meet the above requirements.

We are not responsible for, nor do we necessarily hold opinions expressed by those who contribute to our content. The opinions and other statements made by users and third parties are solely yours, not opinions of Baghira. Content created by third parties is the sole responsibility of said third parties; Is not endorsed or guaranteed to be accurate or complete. You acknowledge that Baghira, by allowing you to view and distribute content through the site, assumes no obligation or liability in connection with that content. Baghira does not accept or assume the duty to control the existence of inappropriate or illegal content on our site. Baghira assumes no liability whatsoever arising from the content of this site, including, without limitation, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, blasphemy, fraud or misrepresentation. Notwithstanding the foregoing, Baghira reserves the right to block or remove, at any time and in its sole discretion, communications, shipments or materials.

Links to other websites and services

We are not responsible for the linked sites: We do not assume any responsibility regarding the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external sites, and that we do not endorse or are responsible for any content, accuracy, quality, publicity, products or other materials in Such services or available through them. You further acknowledge and agree that we will not assume any direct or indirect liability for any damage or loss caused or allegedly caused by or in connection with the use of or reliance on any available content, goods or services In or through such services.

We may be legally bound to disclose certain information: You agree that in the event that we receive a subpoena issued by a court or a governmental or law enforcement agency, we will comply with such summons without your consent or prior notice, and that in We may disclose your IP address, username, name, IP location or other information.

Limitación de responsabilidad

Our liability to you is limited: Baghira is not liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, but not limited to, lost income or profits, decreased business activity or loss of data , In any way related to this site, or any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies of our site (including, but not limited to, any breach of any warranty or other clause Of those Terms and Conditions of Use). Any claim to our company will be limited to the amount you have paid, if any, for the use of our site.

Links to third party websites

In order for users of the website to have an added value of the web, Baghira can provide links to various third party websites. Even if the third party is affiliated with Baghira, Baghira then has no influence over these linked sites, each of privacy and data collection schemes are independent of Baghira. Baghira is not responsible for these agreements or independent actions and is not responsible for the privacy practices or the content of such websites. The links to these websites are of your exclusive convenience and therefore you visit these sites at your own risk.

Privacy Policy

Baghira is committed to guaranteeing your privacy at all times and not collecting unnecessary information. The following is a detail of all the necessary information regarding the privacy policy in relation to the personal data collected through this website, explaining:Who is responsible for the processing of your data
For what purposes the data I request is collected
What is the legitimacy for your treatment
How long the data is preserved
To which recipients do your data communicate?
What are your rights

Responsable
Manuel Sánchez Rodríguez
baghiramusic@gmail.com

Purposes, legitimation and conservation of the data processing sent through the various forms of this web
Contact forms
Purpose: To provide a means for you to get in touch with Baghira and respond to your requests for information.

Legitimation: The user’s consent when requesting information through one of the contact forms and by checking the acceptance box of this policy.

Recipients: This data will not be transferred to third parties without legal obligation and will be stored in the Gmail servers (Google).

Conservation: Until you request the elimination of them.

Support request form
Purpose: To provide a means for you to get in touch with Baghira if you need support for any of my products or services.

Legitimation: The user’s consent when requesting technical support through one of the support form.

Conservation: Until you request the elimination of them.

Obligation to provide your personal data and consequences of not doing so
The provision of personal data requires a minimum age of 13 years, or, where appropriate, have sufficient legal capacity to contract.

The personal information requested is necessary to manage your requests and / or provide you with the services you can contract, so if they are not provided, the service requested may not be properly attended to or provided.

Recipients of your data
The personal data you provide will not be transferred to third parties except legal obligation or court order. This data will be stored on Google servers.

Rights in relation to your personal data
Any person can withdraw their consent at any time, when it has been granted for the processing of their data. In no case does the withdrawal of this consent condition the execution of the subscription contract or the relationships generated previously.

Likewise, you can exercise the following rights:

Request access to your personal data or rectification when they are inaccurate.
Request its deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
Request the limitation of your treatment in certain circumstances.
Request opposition to the processing of your data for reasons related to your particular situation.
Request the portability of the data in the cases provided for in the regulations.
Other rights recognized in the applicable regulations.
You can exercise these rights by email to baghiramusic@gmail.com

In case of divergences with Baghira in relation to the processing of your data, you can submit a claim to the Control Authority (AGPD).

Security of your personal data
In order to safeguard the personal data provided, all the necessary technical and organizational measures have been taken to ensure their safety, alteration, loss, and unauthorized access or treatment.

I am not responsible for the privacy policy regarding personal data that you may provide to third parties through the links available on this website.

Is the privacy policy updated?
It is possible that the privacy policy of this website is updated, so I recommend you review this policy each time you access this website in order to be properly informed. This privacy policy was last updated to date [May 23, 2018].

Contact form

We use the Contact Form 7 plug-in for the ‘Contact’ section. This plug-in does not store the forms in the database, it only sends them by mail. These emails will be stored on the Gmail (Google) servers.
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LICENSE AGREEMENT FOR BAGHIRA BEATS(PREVIEW)

THIS LICENSE AGREEMENT is made on _______ («Effective Date») by and between _______ (hereinafter referred to as the «Licensee») also, if applicable, professionally known as _______, residing at [N/A] and Baghira (Baghira) («Music producer»). (hereinafter referred to as the «Licensor»). Licensor warrants that it controls the mechanical rights in and to the copyrighted musical work entitled _______ (Contract Preview Only) («Composition») as of and prior to the date first written above. The Composition, including the music thereof, was composed by Baghira (Baghira) («Music producer») managed under the Licensor.

All licenses are non-refundable and non-transferable and bound to these terms and conditions.

TERMS & CONDITIONS

(1) FREE DOWNLOADS – Free downloads of any beat produced by ‘Baghira (Manuel Sánchez Rodríguez)’ 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 ‘Baghira’ (example: Beat by Baghira) (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 (Standard Lease) (if applicable) – 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. 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 mixed, tag-free WAV-file, 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. 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 Baghira. 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’, or ‘exclusive 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. This excludes companies the licensee holds at least 50% of ownership. 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 (Baghira). 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 Baghira (Manuel Sánchez Rodríguez)’ or ‘Music produced by Baghira’). Any displayed or downloadable MP3 files must include ‘Beat by Baghira’ within the file name. Furthermore, LEASING RIGHTS are subject to registrations in points (5) to (10).

(3) PREMIUM LEASING RIGHTS (Premium Lease) (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 $1000 in total through either live shows or monetized videos. 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. 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) to (10).

(3.1) UNLIMITED LEASING RIGHTS (Unlimited Lease) (if applicable) – Same restrictions as in point (2) LEASING RIGHTS, but including the following differences: An Unlimited 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 unlimited sales units for LEASING RIGHTS, unlimited leasing rights allow unlimited sales units. Besides these allowed sales units (physical or digital song sales) the customer/licensee is allowed to use the beat(s) for unlimited profitable projects, either for public performances such as profitable live shows, or for monetized (profitable) videos (e.g. youtube, etc.). Licensee is allowed to earn unlimited $ in total through either live shows or monetized videos. 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 Unlimited Leasing Rights. Furthermore, UNLIMITED LEASING RIGHTS are subject to registrations in points (5) to (10).

(4) EXCLUSIVE RIGHTS (if applicable) – 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 mixed tag-free WAV-file, a mixed 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. 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. 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 (Baghira). 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 Baghira (Manuel Sánchez Rodríguez)’ or ‘Music or Beat produced by Baghira’). Used under license. Any displayed or downloadable files such as MP3-files must include ‘Beat by Baghira’ within the file name. Furthermore, EXCLUSIVE RIGHTS are subject to registrations in point (5) to (10).

(5) CREDIT & AUTHORSHIP AGREEMENT – Credit must always be given to ‘Baghira (Manuel Sánchez Rodríguez)’ in written form, for example ‘Baghira’. By making a purchase of any kind or downloading demo beats, 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 Baghira (Manuel Sánchez Rodríguez)’ or ‘Beat by Baghira’). Any displayed or downloadable files such as mp3s, wav files, etc. must include ‘Baghira’ within the file name.

Any song generated and registered with a Baghira instrumental will be subject to the standard percentage split in the industry:
– 50% authorship for Licensee.
– 50% authorship for Licensor.
Any modification in the percentage must be negotiated directly with Baghira and an agreement reached. As long as there is no external agreement signed by both Licensor and Licensee, the distribution of authorship in force will be the one reflected in this License Agreement.
Baghira is registered in the Spanish private company SGAE, but songs can be registered in any company worldwide (ASCAP, BMI, PRS, etc.).

(6) PAYMENTS – Baghira (Manuel Sánchez Rodríguez) accepts PayPal and Credit Card payments. In case of a money-refund by any of the parties, the issued contract becomes invalid. Payments that are in any form held, refunded, cancelled or incorrect, by any of the parties, result that the issued contract(s)/license agreement(s) and all of the granted rights therein become invalid and reversed.

(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 or exclusive rights. See appropriate/specific license description and terms. The only license allowing unlimited public performances of any kind, is 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) YOUTUBE VIDEOS (Content ID) – The licensor maintains the unlimited, worldwide rights to register his beat-compositions with a content-ID program/institution such as AdRev, EXMGE, etc. (if you have questions about content ID or content ID, please google ‘Content ID’, ‘AdRev’ and ‘EXMGE’) and be the sole administrator of youtube rights using such a content ID program. 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 and exclusive license owners administrative guidance and license-warranties. The main purpose is to stop people from stealing beats and using/monetizing them in videos without owning a license. What a content ID program does, is scan youtube videos for audio material produced by Baghira (Manuel Sánchez Rodríguez) and automatically sends a copyright claim, which blocks your videos from monetization temporarily. Don’t worry! This claim is more a notification and will NOT harm your channel or video, nor does it force you to take down the video(s), the only thing it does, is disable the monetization option temporarily. Your video will keep playing without any other limitations. Anyone using free downloads and tagged demo downloads in videos on youtube can ignore this copyright notification as it doesn’t stop your video from playing and monetization wouldn’t be allowed for non-licensed beats at all (if monetization is desired, you can purchase a premium leasing rights license or higher if beat is still available).
IMPORTANT! – All license owners need to send us their link(s) to their video(s) and details of purchase so we can put their video(s) on the whitelist and remove the copyright claim within 24 hours – please send details/links to: baghiramusic@gmail.com including your full name, link to video(s) and/or email address used for purchase. This is the message you might receive: Due to a copyright claim, you are no longer monetizing the following YouTube video. It is still playable on YouTube, but the copyright owner could choose to show ads on it. It may therefore be possible that you receive a copyright claim on youtube videos, even if you own a license. As listed above, please follow the instructions written in bold! Using a content ID program is the only way we can assure that only people with an appropriate beat-license are monetizing their videos rightfully and legally on youtube. It also protects your videos from receiving fraudulent claims by third parties that claim to own the administrative rights to the beats. Solely the licensor (Baghira) is allowed to register beats or songs using our beat-composition with content ID. In order to not interfere with our copyrights in the content ID system, you may not submit your songs for content ID or audio ID administration in any form. If you have any questions concerning this issue, feel free to contact us anytime via email and we will respond in 24 business hours.

(9) DELIVERY – Products, files and documents are delivered electronically via an automatic system if purchased via our instant delivery store. 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.

(10) 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.baghirabeats.com/terminos-y-condiciones-de-uso/ and in form of buttons located on our official Beatstars page. In case of possible changes in any of the listed points, or should one point become invalid or adjusted, all other points in the 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. Baghira (Manuel Sánchez Rodríguez) 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.baghirabeats.com and www.baghirabeats.com/terminos-y-condiciones-de-uso . Baghira (Manuel Sánchez Rodríguez) is not obliged for addressing any changes in the terms and conditions publicly at any time or in any form. This company’s legal domicile is Sevilla (Spain). For any point listed in this written agreement, any restrictions thereof and the general legal relationship, Spanish Law is applicable in any case. If a beat contains sampled material, the sample-clearing of itself needs to be done by the customer(s)/licensee(s), never by Baghira (Manuel Sánchez Rodríguez). 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 2-6 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, Baghira (Manuel Sánchez Rodríguez) 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. 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): only with written consent or a verbal agreement and licensor’s approval. After the delivery of the beat, Baghira (Manuel Sánchez Rodríguez) 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 Baghira (Manuel Sánchez Rodríguez) may NOT be uploaded on any website, marketplace or distributed in any form without his permission and written consent. Baghira (Manuel Sánchez Rodríguez) 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 Baghira (Manuel Sánchez Rodríguez) 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 Baghira’s (Manuel Sánchez Rodríguez’) music, content, or physical and/or intellectual property, will likely face a law suit and criminal punishment and be held responsible for copyright infringement.

(11) 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 Baghira (Manuel Sánchez Rodríguez). 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. All drum samples have been professionally processed and we always deliver high quality products. The demo sounds in the small sample package can be downloaded for free to check the quality and format of the files and can be used for any production purpose on any medium. You may not re-sell or distribute the free sample-drum-sounds in any form on any website. 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.

(12) PRIVACY POLICY / DIGITAL DOWNLOAD POLICY / LIMITATION ON LIABILITY / TRADEMARKS AND COPYRIGHTS – We do not give out your information to anyone outside of our business and it is held privately on a secure server. We do not spam or overflow your inbox and will contact you between twice to four times a month with information regarding Baghira beats. By signing up to our mailing list, purchasing an item from us or becoming a member, you acknowledge you are on our mailing list as a recipient of our news and updates. Of course you may opt out and unsubscribe our newsletter at any time without need of sending us a message. All of our purchases and business activity is handled through PayPal and their secure servers or through national/international banks or institutions. Baghira (Manuel Sánchez Rodríguez) does not see, use, or know your financial information and we never ask for it. Your information remains private, period. We are not responsible for any damages incurred by malicious attacks on the internet. All items marked for sale on this website and marketplaces we offer our products are for digital download only. We do not deliver any physical goods to you for purchases. As a result, all sales on digital downloadable goods are final and we cannot offer a refund for something we cannot take back. In rare cases of duplicate purchases, or other rare circumstances, we will match what you paid with an item of equal or similar value. Every circumstance is different and will be dependent upon review on outcomes of the situation at hand. Baghira (Manuel Sánchez Rodríguez) and ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Baghira (Manuel Sánchez Rodríguez) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Trademarks, service marks, logos, and copyrighted works appearing on this site are the property of Baghira (Manuel Sánchez Rodríguez) or the party that provided the trademarks, services marks, logos, and copyrighted work. Baghira (Manuel Sánchez Rodríguez) and any party that provided trademarks, service marks, logos, and copyrighted works retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

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 Baghira (Manuel Sánchez Rodríguez).

Licensor: the licensor, also reffered to as ‘the producer’, ‘the composer’, formerly known as ‘Baghira’ and ‘Manuel Sánchez Rodríguez’ 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 Baghira (Manuel Sánchez Rodríguez).

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 (8 – 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.

DISCLAIMER

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: baghiramusic@gmail.com 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.

Date: _______ – Baghira (Manuel Sánchez Rodríguez)

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