Terms Of Service
“Production” means all versions of a single audio-visual project or all versions of a single audio-only project in which Music is synchronized to narration in the context of an instrumental podcast episode, radio documentary, radio advertisement, or other similar audio-only production.
Track Killers Ent, inc. grants you a non-exclusive, non-transferable right to synchronize Music in a Production, which Production may be distributed worldwide, in perpetuity, pursuant to the license you purchase (from among the two license types set forth below), and subject to the restrictions set forth based on the following terms:
BASIC MUSIC LICENSE: A Basic Music License grants you the non-exclusive right to synchronize Music in a Production (and in in-context trailers and promotional materials), distributed via web based-viewing platforms or used in non-web based “industrial” contexts, which include trade shows, conferences, corporate Events, internal corporate Use, and point of sale.
PREMIUM MUSIC LICENSE: A Premium Music License grants you the non-exclusive right to synchronize Music in a Production (and in-context trailers and promotions therefor), Music Videos, Webisodes, Singles, Albums, EPs, Mixtapes, Social media commercial advertisements. Additional Cost may vary from $100 – $500 USD. This license does not permit you to disregard creator/producer royalties, streaming or licensing revenue ect. of any kind for any reason.
UNLIMITED MUSIC LICENSE: An Unlimited Music License grants you all the abilities mentioned in the Premium Music License plus the ability to release and or utilize music in Commercially Promoted Commercials on Broadcast TV, Broadcast Radio, and Social Media Platforms. Distribute in Movies/Films via Vimeo OTT, Netflix, Hulu, Amazon and any like platform that utilizes subscriptions, OTT, Media Rentals, Purchasing like Youtube Movies ect. Additional Cost may vary from $750 – $5000 USD. This license does not permit you to disregard creator/producer royalties, streaming or licensing revenue ect. of any kind for any reason.
RESTRICTIONS ON THE USE OF MUSIC.
YOU MAY NOT:
Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute to any third-party the Music or the right to use the Music separate and apart from the Production in which (pursuant to your license) it is embodied;
Resell, redistribute, provide access to, share or transfer any Music except as specifically provided herein;
Use the Music in connection with other material that is pornographic, defamatory, libelous, obscene, immoral, illegal or that otherwise violates any right(s) of any third party(ies);
Violate export laws, restrictions or regulations, by shipping, transferring or exporting Music into any country in violation of any export laws, restrictions or regulation;
Use, sell, sublicense, reproduce, distribute, display, incorporate into or otherwise make Music, in whole or in part, available as, or as part of, production library content, or downloadable files or include the Music or any derivative work incorporating the Music in any other stock product, library, or collection;
Remix, mashup, or otherwise alter the Music, except that you may engage in basic editing of the Music (e.g., setting start/stop points, determining fade-in/fade-out points, etc.) in connection with the exercise of the license granted under this agreement;
Except for that Music designated “PRO-free,” in the event any public performance licenses are required in connection with your use of the Music authorized under this TOS, you shall be responsible for obtaining such licenses at your sole expense. Notwithstanding anything to the contrary contained in this TOS: (a) in the event the laws of any jurisdiction require that, in order to avoid infringement or the violation of any third party rights, licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under this TOS, you shall be responsible for obtaining and paying for such licenses at your sole expense; and (b) this agreement does not include any so-called “moral rights” or like rights. You will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s) and furnish a copy of each such cue sheet to Track Killers Ent, inc. via email to M[email protected]. This obligation shall apply to all Music provided on https://TrackKillers.com.
You may publish Productions incorporating Music on third party “user-generated content (UGC)” distribution platforms (e.g., YouTube, Soundcloud) (each a “UGC Platform”). You may not claim ownership of the Music or otherwise register any Music with any UGC Platform even as synchronized with your own Production.
When incorporating the Music in the type of Production in which copyright attribution is customary, you shall provide credit in substantially the following form:
“‘[Music Title]’ performed by [Artist], used under license from Track Killers”.