Updated: August 25, 2018
Kontact Records reserves the right to update, change or replace any part of these Terms of Service at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, changes to our website and to account for new Services or functionality. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Changes will be effective no sooner than the day they are publicly posted. For your convenience, the date of the last revision is included at the top of this page.
You must be at least 18 years of age to use this website. By using this website (and by agreeing to these terms and conditions) you warrant and represent that you are at least 18 years of age. If you are under 18 years of age you must get your parent or guardian to review and agree to these Terms and Conditions and enter into these terms on your behalf.
DIGITALLY DOWN-LOADABLE PRODUCTS
The “Downloads” we sell are “Products” in digital format that are transferred from our server(s) direct to your computer. These Products are compressed into ZIP files (made smaller using compression software) to enable faster downloading. It only takes a few minutes to decompress a downloaded Product. We recommend use of WinZip or WinRAR for this purpose. If you are unsure about how to decompress your Product, then please contact us for assistance. All orders placed on the Kontact Records (www.kontactrecords.com) website are delivered to you digitally via the internet. They are not sent via mail/post or delivered to the customer as tangible goods.
1.1. A PDF License Agreement is provided with your purchase. This License Agreement is not personalized or customized.
1.2. Proof of Licensing. When providing proof of your commercial rights, you must include a copy of your Order Receipt (which details your name, the beat title, license type and date of purchase) along with the PDF License.
1.3. Non-Exclusive. All audio content transacted through Kontact Records is licensed, not sold, to you for use under these terms and the terms outlined in the PDF License. In addition, the commercial rights granted to the purchasing party are non-transferable.
1.4. The audio content is not royalty free. If you are going to get a placement with a major/independent artist, radio, television, etc you are required to inform us once you get to that part.
2.1. Intellectual Property. The copying, re-selling, hiring or leasing, duplicating or distribution in any form of the products for sale at Kontact Records (www.kontactrecords.com), other than outlined in the ‘License Agreement’ (available to view here) is strictly prohibited. This includes but is not limited to file sharing websites, torrent based systems, web forums, computer networks and file hosting websites. Products cannot be distributed in their original format or sold in a manner that would be considered competitive to Kontact Records’s business interests. All audio demos, video tutorial and promotional materials are the commercial property of Kontact Records and protected by copyright and intellectual property laws. THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THESE COPYRIGHTED WORKS IS ILLEGAL. CRIMINAL COPYRIGHT INFRINGEMENT, INCLUDING INFRINGEMENT WITHOUT MONETARY GAIN, IS INVESTIGATED BY THE FBI AND IS PUNISHABLE BY UP TO 5 YEARS IN FEDERAL PRISON AND A FINE OF $250,000.
2.3. Commercial Release. Free download versions are never to be used for a commercial/for-profit release.
7.1. Sample Clearance. 3rd party sample clearance is the responsibility of the (Licensee/Buyer)
3.2. Third Party Contracts. In no event may you enter into a contract or agreement with any Third Party that affects the rights of Kontact Records or any other instrumental license-holders in any way. In addition, Kontact Records never reviews or signs Third Party contracts or agreements of any kind.
4.1. Background. “Kontact Records” is a trademark and may not be used in connection with any product or service that is not Kontact Records, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kontact Records. All other trademarks not owned by Kontact Records or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kontact Records or its subsidiaries.
4.2. Federal Trademark Law. In order to comply with and assure protection under federal trademark law (15 U.S.C. 1051 et seq.), we monitor all uses of the Kontact Records trademark. Unauthorized use of the Kontact Records trademark is subject to civil and criminal penalties. The term “trademark” as used in this policy includes any trademark, service mark, logo, design, symbol or any combination of these.
FREE BEATS POLICY
To download any free beat, you must agree to the following terms and conditions:
1. Usage. You absolutely cannot use the instrumental musical composition of which you are attempting to download (hereinafter referred to as ‘the Beat’) For any for-profit, commercial, or financially exploitative use. An appropriate license must be purchased or properly obtained in order to exploit the beat. Acceptable use without obtaining a license (hereinafter referred to as ‘Free Use’) includes:
2. Showcasing of a recording on the Beat in a non-profit manner through an internet-based medium such as Youtube, Soundcloud or a personal webpage.
3. Performing a live act on the Beat in a completely non-profit show.
4. Credit. You will provide proper credit for the creation of the Beat by including ‘Prod. by Kontact’.
5. Legal Consequences. Any unauthorized use of the Beat, including unauthorized reselling, is considered a direct violation of the US Copyright Act of 1976 and is infringing upon the copyrights of the works of Kontact Records. Under the fullest extend of the law, Kontact Records reserves the right to take legal action or pursue financial compensation as a result of any breach or violation of this Agreement.
If you would like to distribute your song (Tidal, Apple Music, Spotify, Deezer, Napster, iTunes, Amazon Music, Youtube Music, etc.) for commercial release you must first contact us in order to set up a revenue split. This is also mandatory and if not done your song(s) may be subject to removal via “Cease and Desist Order” or “DMCA Takedown Notice.”
YOUTUBE POLICY (CONTENT ID)
The licensor maintains the unlimited, worldwide rights to register his beat-compositions with a content-ID program/institution such as AdRev, etc. (if you have questions about content ID or AdRev, please google ‘Content ID’ and ‘AdRev’) 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 AdRev does is scan youtube videos for audio material produced by Kontact Records 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 Major Artist Lease).
IMPORTANT! – All license owners need to send me their link(s) to their video(s) and details of purchase so I can put their video(s) on the whitelist and remove the copyright claim within 24-48 hours – please send details/links to: firstname.lastname@example.org including your order number, PayPal transaction ID, link to video(s) and email address used for purchase. It may therefore be possible that you receive a copyright claim on youtube videos, even if you own a license. Using a content ID program is the only way I 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. If you have any questions concerning this issue, feel free to contact me anytime via email and I will respond in 24-48 business hours.
5.1. Copyright Claim. When you purchase an instrumental license from the Kontact Records catalog and upload your song to YouTube, you may automatically receive an automatic copyright claim from our partner that administers copyrights for Kontact Records on YouTube’s platform. If you purchased a Major Artist Lease (New/Independent Artist Leases are not eligible to be monetized for video streams), you can have this claim removed by filing a dispute via the steps listed at: YouTube Copyright Claim Resolution. (once the claim is removed, you should be able to immediately monetize your video)
5.2. Content ID. You DO NOT have permission to submit your Recorded Song to YouTube’s Content ID System via your Distributor or any 3rd Party that Administers Copyrights on YouTube (or SoundCloud). Per YouTube’s Content ID application terms, music that is Non-Exclusively licensed cannot be submitted to the Content ID system (reference). The audio content transacted through Kontact Records under any lease options are licensed Non-Exclusively only. In doing-so, it also creates false copyright claims between license-holders. We reserve the right to request removal of your song from the Content ID System if you are found to be in violation of these terms. This information is also included in your PDF License.
RETURNS AND CANCELLATIONS
Return Policy. We aim to deliver the highest quality products on the market. Customer satisfaction is number one on the list of our priorities. However, due to the nature of our products (non-tangible irrevocable goods), all digitally delivered products from our website are not eligible for return or refund. All sales are FINAL and all charges from those sales are nonrefundable unless there is a “duplicate purchase” (multiple orders of the same instrumental and license). We also recommend checking your previous orders before completing a transaction to confirm you do not purchase any of our products twice. You may at any time cancel their order before payment has been processed.
To minimize refund requests, we urge that you double-check your orders before purchasing. Make sure the product you’re ordering is compatible with your operating system and software you own. We reserve the right to refuse any refund requests and will not be held at fault for customer mishaps.
We thoroughly check all our products before we put them up for sale. We’ll do our best to help resolve any technical issues, but beyond that there’s little we can do in terms of refunding.
We suggest that all customers back up their orders on a separate hard drive or cloud based system to protect against loss of products purchased from our website. In the unlikely event of a failed, lost, or broken hard drive, Kontact Records will replace download links for a previous order only after being provided with proof of purchase from the customer. This is applicable to all orders made within a one-year period, any purchases of a later date than one years will not be covered.
7.1 Back Up. Your access to the audio content is not guaranteed to remain available indefinitely — it is your responsibility to back up the audio content on a separate hard drive, cloud, or data disc to avoid permanently losing the data.
7.2. Data Recovery. If in the event the audio content is lost and download links are expired, you may contact Customer Support by email for assistance in retrieving all missing files, provided that they are still available.
FORMAT & DELIVERY
8.1. After you have paid for your Products you will immediately receive a purchase receipt email containing a link to download your products. When you click this links it will send you back to our site where you can download your Products instantly. IP Addresses are tracked for security and fraud prevention purposes.
8.2. Audio Format. The audio content (“WAV” in particular) is produced and delivered in 32-Bit float Stereo, 48 kHz format. In the unlikely event that WAV is incompatible with your platform, many audio conversion softwares or services are available on the market that can convert to several alternate audio formats — some of which are free to use online.
8.3. Download Issues. If you experience any problems accessing or opening your downloads, please contact us or try to re-download the files from another device. Also ensure that the file transfer status reaches to completion (100%) or try downloading via an alternate web browser.
CUSTOMER INFORMATION & REGISTRATION
An account is not required with Kontact Records to view the website, but to make a purchase you must register an account and provide certain information, including your first name, last name, email address, password and billing information.
You agree that all information submitted is correct, current, accurate and non-fraudulent. In the event that your personal and/or billing details change you will amend your account details as necessary.
9.1. Stem Files. Included only with the Independent and Major Artist Licenses, the “MULTIS” (also known as “Stems” or “Track Outs”) can be used for further flexibility in your audio mix. Stems are to be used for mixing purposes only. Due to the complexity of each instrumental, the number of layers within the multi-tracks may vary.
9.2. Exceptions. Piano Solos will not always include separate audio layers unless there are additional instruments such as strings, or layered piano melodies. Instrumentals with live drums will generally contain the live drum sections as a Single Stereo Mix because they are recorded onto a single audio layer.
9.3. EQ and Effects. For consistency and compatibility purposes, all MULTIS are delivered with the same effects as heard in the demo version on the website.
9.4. Uncompressed. If you have a need for an uncompressed version of the instrumental (single-stereo mix), it is recommended to simply lower the volume and EQ in the mix before recording your vocals. Another option would be to upgrade to the Independent or Major Artist License that will include the MULTIS (also known as “Stem Files” or “Track Outs”). This would resolve any need for an uncompressed version as you can edit individual instruments or vocals within the mix.
LICENSE AND SITE ACCESS
Kontact Records grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kontact Records. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kontact Records. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kontact Records and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Kontact Records name or trademarks without the express written consent of Kontact Records. Any unauthorized use terminates the permission or license granted by Kontact Records. You are granted limited, revocable, and nonexclusive permission to create a hyperlink to the home page of Kontact Records so long as the link does not portray Kontact Records, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kontact Records logo or other proprietary graphic or trademark as part of the link without express written permission.
You are solely responsible for the security of your account and log in details. You are required to immediately inform Kontact Records of any unauthorized use of your account. Kontact Records will not be held responsible for any losses arising from unauthorized use of your account or personal data, and you agree to indemnify and hold harmless Kontact Records, its directors, employees, third-party content providers, designers, licensors or the like, for any improper, unauthorized or illegal uses of your account or personal data.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Kontact Records does not offer refunds in the event of a price drop or promotional offers.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
THE RIGHT TO CHALLENGE A TRANSACTION
Kontact Records reserve the right to challenge the legal standing of a transaction under sufficient circumstances. In such case the user will be contacted by Kontact Records staff individually to confirm his/her identity. Failure to verify a user’s identity will result in cancelling the challenged order. A challenged order is open for validation for 30 days after the transaction.
Whilst every effort is made to update the information contained on the Kontact Records (www.kontactrecords.com) website, neither Kontact Records nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website. Kontact Records reserves the right at any time to change or discontinue without notice, any aspect, product or feature of this website. No information shall be construed as advice and information is offered for information purposes only.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PUBLIC AREAS & USER REVIEWS
Kontact Records is not responsible for any material submitted to the public areas by you, which include hosted pages, comments, customer reviews, user ratings or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Kontact Records. Kontact Records reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to: defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties. Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information. Post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Kontact Records’s and/or a third party’s computer system and/or network violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of Kontact Records or any other third party submit contents containing marketing or promotional material which is intended to solicit business.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Kontact Records imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
TERMINATION OF SERVICES / ACCOUNTS
Kontact Records may, in its sole discretion, suspend or terminate your account if the information supplied is found to be inaccurate, false or fraudulent. Kontact Records may also suspend or terminate your account if you breach any of the policies, terms or license agreement governing your use of our website, products or any other contractual obligation. You are personally liable for any orders that you place or charges that you incur prior to termination.
Additionally, you can terminate your account at any time. Please contact us to request account termination.
You grant Kontact Records a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Kontact Records, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Kontact Records, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Kontact Records may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Kontact Records (www.kontactrecords.com) website in any manner. If you in any way interfere with the website, you agree to pay all damages incurred by Kontact Records.
Kontact Records will cooperate with the authorities in prosecuting any User who interferes with the website or otherwise attempts to defraud Kontact Records or any other parties through User’s use of the Site or services provided via the Site.
Kontact Records reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site without giving you any advance notice.
We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
DISCLAIMER AND WAIVERS
Kontact Records will not be held responsible for any losses, judgements, claims, legal fees or court costs that may arise out of a breach of these terms and conditions. By entering this agreement you agree not to sue or recover any damages from Kontact Records and any affiliated companies, its staff, suppliers or producers as a result of its decision to terminate or suspend this agreement. Whilst Kontact Records will take reasonable and sufficient steps to ensure that the website is free from any viruses, trojans, malware, spyware, harmful software, data theft or any unauthorised malicious activity, Kontact Records make no guarantees on this matter and will not be held liable for any loss resulting from this.
In no case shall Kontact Records, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
This notice will be construed in accordance with and governed by and the laws of the State of California, and any claim or disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts located within the county of Solano, California. Your use of this website may also be subject to other local, national, or international laws.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Kontact Records failure to enforce any provision in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect.
Nothing herein shall be deemed to constitute a partnership, agency or joint venture between You and Kontact Records.