NON-EXCLUSIVE USER LICENSE AGREEMENT
This agreement between Brett Bazaar (also known as Baz4k) (hereinafter known as “Chill Beets”, “Licensor” or “Us”) and you, the end user (hereinafter known as “You” or “Licensee”). By using our website and/or licensing from us, you agree to be bound by the following terms and conditions (the "Agreement"):
Licensor owns all right, title and interest in and to all of the recorded music available on ChillBeets.com. (“CB Music Library”) The CB Music Library is comprised of master recordings of original compositions, both of which (master and composition) are owned by Licensor (the “Recording(s)”).
Using the CB Music Library
Chill Beets wants you to be able to use its Recording(s) in any way that joins the Recording(s) to additional media. This license grants content creators a non-exclusive, worldwide license in perpetuity to use any Recording provided on this site, in any manner where the Recording(s) are used in connection with newly created works of authorship.
Use of Chill Beets’ Music Library
This license enables you to use the Recording(s) in any way that creates a new copyrightable work and we grant you permission to register these new works with the United States Copyright Office.
Permissible uses include, but are not limited to:
Opening music and/or background music while you stream on Twitch, YouTube, Hover.gg, Instagram, TikTok, or Facebook, or any other live streaming platform;
Opening music and/or background music for your pre-produced content on YouTube, TikTok, Twitch, Twitter, Facebook, Vimeo or any other video hosting service;
Sampling into new songs;
Podcast openings or background music; and
Background music for films, television programming, or other audio-visual works.
How Not to Use the CB Music Library
While we are happy to grant a license to you to use the Recording(s) in many new and original ways, there are some limitation to use of the Recording(s). Although not exhaustive, the below sets forth specific types of instances where you may not make use of the Recording(s):
You may not use the Recording(s) in any way in competition with us. This means, for example, that you may not sell, license, perform, or utilize the Recording(s) in any manner where the Recording(s) are not incorporated into another work. You may only use the Recording(s) where they are intended to be part of a new work which includes the Recording(s), in addition to other audio and/or visual elements.
You cannot add any form of copyright protection algorithms which would result in DMCA strikes. (For example, if you create a song which includes the Recording(s), and you publish it to Spotify, you may not permit it be added to YouTube Content ID, or any similar algorithmic copyright protection.)
You may not sell the Recording(s) as independent works (as a single, part of an album, etc.)
You may not e-distribute or sell the Recording(s) in their original or modified form, as a standalone music file, or include as a standalone recording in any other media product, library, template, external media storage such as USB drives, or collections.
You may not re-record the Recording(s) and release them as original works.
You may not utilize the Recording(s) without the addition of your original subject matter.
You may not use the Recording(s) in connection with a static or repetitively moving single image.
You cannot use the Recording(s) for pornographic projects.
You cannot use the Recording(s) in connection with projects that discriminate against religion, national origin, race, color, or sex.
Performing Rights Organizations (“PRO”)
Public performance rights are included with this license. This license acts as a waiver of any PRO fees.
Not a Joint Venture/Partnership
Nothing in these terms shall be construed as constituting a partnership, joint venture, employment or agency relationship between you and Licensor. Each of the parties hereto has entered into this agreement at arms-length as an independent contractor.
Termination of License
If you breach the license by using the Recording(s) in any manner prohibited by this Agreement and do not remedy the breach within ten (10) days, this license may be terminated. Any use of the Recording(s) after termination of this Agreement is strictly prohibited and may result in legal action. Any use of the Recording(s) in any manner not expressly authorized by this Agreement or in breach of a term of this Agreement shall entitle us to exercise all rights and remedies available at law or in equity, including injunctive relief and monetary damages against all users and beneficiaries of the use of such Recording(s). In such case, Chill Beets shall have the right, without providing prior notice to Licensee, to issue a Digital Millennium Copyright Act (DMCA) notice (as provided by 17 U.S.C. Â§512 and any successor statute) to any site or outlet in which the project appears or is placed in violation of the terms of this Agreement. Licensee shall be responsible for any damages resulting from any such breach, including any claims by a third party.
Indemnification and Warranties
Each party (the ‘Indemnifying Party’) shall indemnify, hold harmless and defend the other party (the “Indemnified Party”), its parent, subsidiaries, affiliates, and the other party's respective officers, directors, employees and agents from any and all liabilities, actual loss, damages, costs and expenses (including, without limitation, reasonable attorney's fees) incurred by the Indemnified Party that arise out of any claim, demand, suit, action, encumbrance, deficiency, or proceeding brought by a third party that involves, relates to or concerns a violation or other breach by the Indemnifying Party of any of the provisions of this Agreement (including, without limitation, any of the representations or warranties of the Indemnifying Party set forth in this Agreement) or the negligence or willful misconduct of the Indemnifying Party. Provided, however, that the Indemnified Party, upon receipt of a notice of a claim that could result in the
Indemnifying Party indemnifying the Indemnified Party, gives prompt notice to the Indemnifying Party of the existence and specifics of such claim. The provisions of this paragraph shall survive the termination of this Agreement.
Licensor makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. Licensor shall have no liability under this Agreement arising from your use of any Recording(s) and this license is granted to you without any other warranty or recourse.
This License agreement cannot be edited, altered, modified, or terminated without written consent by both parties.
This Agreement shall be deemed to be entered into in New York, and shall be exclusively governed by and construed in accordance with the laws of the United States of America and of the State of New York concerning contracts entered into and performed entirely in New York. Except as otherwise specifically provided herein, Any cause of action by Licensee with respect to this agreement must be instituted within one (1) year after the claim or cause of action has arisen or further action is forever barred.
This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.