TAURUS JAMES PRODUCTIONS'S TERMS AND CONDITIONS
Taurus James Productions music may only be used pursuant to the terms and conditions enforced by Taurus James Productions and Taurus M. James. By purchasing music sold under Taurus James Productions or Taurus M. James you automatically become bound to the terms of this License Agreement. You agree that your paypal payment receipt, bank wire transfer receipt, or photocopied money order will be kept on record and will stand as your signature for this agreement. Terms of this agreement begin on the day you receive your music and expire according to the type of purchase you made. Taurus M. James also produces under the names 'Kid Kikit', 'ITNOJ Music', 'FaithWalk Music', 'FaithWalk Records', 'Taurus James Productions', 'TAURUSJAMES.com', 'TAURUSBEATS.com' and 'TaurusMan'.
Terms and Conditions are as follows:
1. The musical compositions sold by Taurus James Productions remain the property of Taurus James Productions and are licensed, not sold, to you for use in your musical and artistic efforts so long as you adhere to the rules of "synchronization". (see below). You may record, perform, edit (complete audio only, no remixes), and sell (see limits below) with the musical compositions as long as you adhere to the rules of "synchronization" (vocals applied to instrumentals, see section 5).
2. A right to use Taurus James Productions music is granted to the original end-user of the product (Licensee) and is NOT transferable. This license grants Licensee (you) the non-exclusive right to use Taurus James Productions music for one (1) year so long as ADDITIONAL AUDIO AND VOCAL PERFORMANCES are recorded against and with Taurus James Productions compositions herein known as "synchronization" (your vocals on my tracks), and for NO other use unless a specific multimedia license has been requested and granted. You may not rearrange, remix, or edit Taurus M. James compositions without written permission (example: no Pro Tools editing/rearranging of the 2-track masters, you cannot re-record the instrumental, etc.). If you choose not to renew this agreement at the end of your term then full rights revert back to Taurus M. James, and you will be expected to cease all activity that involves music by Taurus M. James for the instrumentals that pertain to this agreement.
Music used without synchronization (your vocals added to the instrumentals) in any form is NOT permitted under this license. If you have intentions of using Taurus James Productions compositions without the act of synchronization, you MUST adhere to the terms under Section 5 of this agreement.
3. It is specifically understood and agreed that Licensee does not acquire any ownership rights or any underlying copyrights on Taurus M. James's music, and that Licensor retains all rights, title and interest in the music obtained from Taurus James Productions, including all copyrights belonging to the original copyright holder, as well as any modifications or improvements made to the licensed property by Licensee. Songwriting ownership and revenues will be done on a 50/50 percentage out of 100% in the event of a commercial release. NOTE: For Custom built tracks Taurus M. James will be entitled to 7% of the total gross acquired from sales bi-annually from the start date of this agreement.
4. This License expressly FORBIDS resale or other distribution of Taurus James Productions compositions, either as they exist OR any modification thereof. You CANNOT sell, loan, rent, lease, assign, remix, rearrange, or transfer all OR any of the products sold or their rights under Taurus James Productions to another user (example - record label, another production company, another producer), or for use in any competitive product.
5. Use of Taurus James Productions compositions in isolation (without synchronization of vocal performances) is not permitted without obtaining a special Multimedia license directly from Taurus James Productions. If you or your company is interested in using Taurus James Productions compositions for use in Radio Broadcast, Commercial Advertisement, Television Broadcast, Video Games, Internet, On-Hold & In-House Background Music, or Film Soundtracks you must contact Taurus M. James directly in order to be granted such a License.
6. You may sell your completed work using music from Taurus M. James in any format you wish. If your profits extend beyond $3000 every 6 months then you will pay Taurus M. James 10% of the total grossed (ex. - if you earn $3000 in 6 months, then you owe me $300; if you sell $2500 in 6 months, then you owe me nothing).
7.You agree to supply Taurus M. James at least 1 copy of each recording you make using Taurus M. James's music. This can be delivered on audio CD or mp3 (192 kbps or over). All productions you make that includes Taurus M. James's music must include the information below. This also includes mp3 id's & cd-r duplications.
Music produced by Taurus M. JamesMusic ï¿½ 2005 Taurus M. James.All rights reserved. Used under license.(Include in mp3 ID: Produced by Taurus James Productions)
Unauthorized use or duplication is a violation of this agreement and of applicable laws of the United States and other countries. Any infringement of copyright will be pursued to the fullest extent of the law.
8. TERMINATION. Your right to use Taurus James Productions music will automatically terminate if you fail to comply with any provision of this Agreement. If this Agreement is terminated you must: (a) cease all use of Taurus James Productions music, (b) destroy the original and all copies of Taurus James Productions music, and (c) permanently delete all copies of Taurus James Productions music from the computer on which it has been stored.
9. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, TAURUS JAMES PRODUCTIONS MUSIC IS PROVIDED "AS IS." TO THE FULL EXTENT PERMITTED BY APPLICABLE LOCAL LAW, TAURUS JAMES PRODUCTIONS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAURUS JAMES PRODUCTIONS SHALL CREATE A WARRANTY. WITHOUT LIMITION OF THE FOREGOING, TAURUS JAMES PRODUCTIONS DOES NOT WARRANT THAT: (a) TAURUS JAMES PRODUCTIONS MUSIC WILL BE ERROR-FREE, (b) YOUR USE OF TAURUS JAMES PRODUCTIONS MUSIC WILL BE UNINTERRUPTED OR ERROR-FREE, (c) TAURUS JAMES PRODUCTIONS MUSIC WILL MEET YOUR REQUIREMENTS, OR (d) TAURUS JAMES PRODUCTIONS MUSIC WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION YOU CHOOSE.
10. LIMITATIONS ON LIABILITY. IN NO EVENT WILL TAURUS JAMES PRODUCTIONS, TAURUS JAMES PRODUCTIONS'S AFFILIATES OR THE THIRD PARTY PROVIDERS' LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE PRICE PAID BY YOU FOR TAURUS JAMES PRODUCTIONS MUSIC.
11. EXCLUSION OF REMEDIES. WITHOUT LIMITING ANY OF THE DISCLAIMERS OR LIMITATIONS SET FORTH IN PARAGRAPHS 8 AND 9, ABOVE, IN NO EVENT WILL TAURUS JAMES PRODUCTIONS, TAURUS JAMES PRODUCTIONS'S AFFILIATES OR THE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE TAURUS JAMES PRODUCTIONS MUSIC (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, USE OF SOFTWARE OR ANY ASSOCIATED HARDWARE OR SOFTWARE, DATA OR GOODWILL), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. YOUR SPECIFIC RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
13. MISCELLANEOUS. This Agreement will be binding upon and inure to the benefit of TAURUS JAMES PRODUCTIONS and you, and our respective successors and permitted assigns. If any provision of this Agreement is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this Agreement. Any waiver of any breach or failure to enforce any provision of this Agreement will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver, amendment or modification of any provision of this Agreement will be effective only if it is in writing and signed by Taurus M. James and you. This Agreement shall be governed by the laws of the United States and the State of California, irrespective of California's conflicts of laws rules. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in Los Angeles, California, and Taurus M. James and you irrevocably consent to the jurisdiction of such courts and venue in Los Angeles County, California. This Agreement constitutes the entire agreement between TAURUS JAMES PRODUCTIONS and you with respect to the subject matter of this Agreement. Sections 7 through 13 will survive the termination of this Agreement.