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Royalty Free Music License
(Revised – May 2nd 2020)
The following Terms of Service contain the terms and conditions that govern your use of Thomas Datt Global. Any purchase and download of any product or service within the web page, constitutes your agreement to and acceptance of all the Terms of Service. You have permission to use the purchased music only as outlined below.
1. Permissions
(a) Voiceovers. You’re allowed to use my music with your spoken word recordings. Such as affirmations, meditations, hypnosis, etc. You can then distribute, stream and sell this content in digital formats and audio CDs, anywhere you like. Proper credits must be used (please see credits section).
(b) Online Videos, Movies, TV and other media. You’re allowed to use my music in your videos, but only as a backing track to a voiceover. These videos can be monetized. You are not to create “music only” videos. Proper credits must be used (please see credits section).
You’re allowed to use my music in movies, television shows, DVDs, business presentations, and other multimedia projects. You can then distribute, stream and sell this content in digital formats and DVDs, anywhere you like. Proper credits must be used (please see credits section below).
(c) Video games and apps. You are allowed to use my music in videogames, whether console or mobile, as long as there is engagement by the user. Apps can use my music, as long as there is a spoken word voiceover.
(d) Custom Recordings and Public Broadcast. You are allowed to create and sell custom made spoken word recordings, that are made for your patients and clients. However, your clients and patients are not allowed to distribute or resell them in any way.
Feel free to play my music during yoga or meditation classes, energy healing sessions, physical therapy, acupuncture, doctor visits, kinesiology, etc. You’re also allowed to play my music at commercial venues. These include places such as restaurants, hotels, spas, etc.
(e) Graphic Design and Logos. As with bespoke music, any logo and artwork made for you (the client), will be entirely owned by you. You will have all the rights, and can do with it as you see fit.
(f) Bespoke/Custom Made Music. Once payment has been received in full, any custom made production will belong entirely to you. That means you will have all the copyright to this creation, and can do with it as you deem appropriate.
2. Prohibited Use
(a) Distribution of only the music. The use of my work to create music videos, with just the music alone, is prohibited. You cannot use my music in embedded media players. The distribution, streaming, and sales of my work, as a “music only” product is prohibited.
(b) Derivative works. Your creation with my music, must include a voiceover. Altering my original work by adding additional sounds, such as ocean waves, birds or frequencies like binaural beats, and then claiming it as your own is prohibited.
(c) Reusing the title of my music. Reusing the title of my music for your new creation is prohibited. If you chose my track “Orion” for a guided meditation, you cannot name that meditation “Orion” as well. It must have a new name.
(d) Inaudible voiceover. If your recorded spoken word is too low in volume, where you cannot hear it, then you cannot use my music.
(e) Sub-Licensing. Customers are not allowed to transfer the rights of usage to a third party. Furthermore, you cannot sub-license to a third party for the use of the musical works. Including my work in stock websites, or compilations is prohibited.
3. Sales and Distribution
The products that were created using my work may be sold and distributed all over the world, in any format, by you, how many times you wish to do so, at a price of your choosing. This includes videos, DVDs, CDs, or digital downloads. You may also monetize videos with ads, on portals such as YouTube.
You won’t have to pay me any percentage of what you earn henceforth.
4. Partially Recorded Voiceover
You don’t have to have a voiceover throughout the whole recording of the song. It’s okay to have some sections of the music to be without any speech. As long as it’s a continuous recording from start to finish, only a 3rd of the music must include spoken word.
5. Modifications and Added Production
Extra musical production on top of my work is prohibited. This includes any extra instruments, as well as singing vocals. It’s okay to add healing frequencies and sounds, such as nature and binaural beats. Foley sound effects in movies and television are also permitted.
6. Audio Editing and Engineering
You’re allowed to create fades, transitions, cuts, and loops, as needed, as well as mixing transitions between multiple tracks.
7. Transferring Music
You may only send music to individuals who are associated in the creation of your content or products. You can do this in any way you choose, whether thumb drives, optical media, or file transfers via the internet.
8. How To Credit
Proper crediting of a track is a must. Copyright claims may become an issue for you, if you do not credit the original artist.
(a) Optical Media. It’s as easy as writing a credit on the back cover and insert of the DVD or CD.
Example:
(Song title) written and produced by Thomas Datt. Licensed by Thomas Datt Global.
If more than one song used:
Music written and produced by Thomas Datt. Licensed by Thomas Datt Global.
(b) Digital Media. Include Thomas Datt in the metadata of an MP3, as the original composer. Avoid listing Thomas Datt as the artist.
(c) YouTube Video Credit. When using music in a video, whether YouTube or Vimeo, please add the credit in the video description along with the website.
Example:
(Song title) written and produced by Thomas Datt. www.thomasdatt.global. Licensed by Thomas Datt Global.
(d) Movies and TV. (Song title) written and produced by Thomas Datt. Licensed by Thomas Datt Global.
9. Pricing and Fees
Please be aware that all prices on this website are in US dollars.
(a) Royalty Free Music. My music is royalty free, so there are no other fees or payments necessary once my music has been purchased.
(b) Graphic Design and Logos. Sample prices are posted on the page; however, the final price may vary depending on how long the individual projects take. You will get 2 full revisions of each project, at no extra cost. Each revision may include as many changes as you see fit. This means if you have a list of 25 things you want to change, they all must be stated at the same time, before any revision is made. After the initial 2 revisions, each one thereafter will cost $50 US.
(c) Bespoke/Custom Made Music. There is only a one-time fee for a custom made track or production of any kind.
10. Music Quality
All downloads are made of MP3s at 320ks. If you wish to have higher quality files, such as WAV and FLAC, please don’t hesitate to send us an email.
11. Length of License
Given that these are royalty free tracks, the license will never expire once the initial payment has been received in full. However, it’s another story if the terms of agreement have been breached.
12. Grant of License
This music license is granted to one individual or business entity. If the purchaser is purchasing music on behalf of a third party (the nominated licensee), the purchaser hereby represents and warrants that: (i) the purchaser is authorized to act as an agent on behalf of the licensee and has full power and authority to bind the licensee to this agreement; and (ii) if the licensee subsequently disputes such power or authority, the purchaser shall be bound and liable for any failure of the licensee to comply with the terms of this music license.
13. Copyright and Intellectual Property
The use of our artwork, images, music samples, logos or trademarks, is prohibited without written consent. The issuance of this license does not entitle you to ownership or copyright of any of the music and sounds on this page. Thomas Datt.global is owned and operated by Tom Krakowiak. All music purchased and downloaded from this page, is licensed to you by Tom Krakowiak. Australian copyright law and international treaty provisions protect this copyright. Apart from your limited right to use the music, Tom Krakowiak shall have and retain all of the right, title and interest in and to all intellectual property rights arising from or relating to the music and all copies thereof.
14. Indemnification
You shall indemnify, defend and hold the licensor harmless from any and all claims, losses, costs, damages and expenses resulting from or arising out of: (a) your breach of this agreement; (b) your unauthorized use of the music; (c) your activities after the licensor has notified you that such activities may result in the infringement of the intellectual property rights of any third party; or (d) any claim that the music or the use thereof infringes upon, misappropriates or violates any patents, copyrights, trademarks, trade secret rights or other proprietary rights of a third party.
15. Warranty
Thomas Datt Global warrants that: (a) the music will be free from defects (your sole and exclusive remedy for a breach of this warranty being the replacement of the music); (b) it has the necessary rights and authority to grant you the rights outlined in this license; and (c) your use of the music in accordance with the terms outlined in this license, excluding any modifications made by you, will not infringe on any copyright, moral right, trademark or other intellectual property rights. Thomas Datt Global does not make any other warranties, express or implied, regarding the music or its delivery systems, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Thomas Datt Global shall not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of your use of the music, even if Thomas Datt Global has been advised of the possibility of such damages, costs or losses. Nor shall Thomas Datt Global be liable for any damages, costs or losses arising as a result of modifications made to the music by you or the context in which the music is used in your work. Thomas Datt Global’s liability shall in no event exceed the actual price paid for the music license.
We do not warrant that the website www.thomasdatt.global will be constantly available, or available at all, or that the information therein is complete, true, accurate, misleading or non-misleading. Nothing on www.thomasdatt.global constitutes, or is meant to constitute, advice of any kind. If you require advice to any legal, financial, medical, or business matter, then you should consult an appropriate professional.
16. Refunds
There are no refunds once a purchase has been made. If there is an error in the music, it will be replaced with the proper file.
17. Unauthorized Use and Termination
Any use of the music in a manner not expressly authorized by these license terms (including, without limitation, use of the music by more than one (1) user without the purchase of additional licenses) constitutes copyright infringement, entitling Thomas Datt Global to exercise all rights and remedies available to it under copyright laws throughout the world. Thomas Datt Global shall have the right to terminate your right to use the music immediately upon your breach of these license terms. Upon termination, you shall cease using the music and shall delete or destroy all copies of the music. Termination of your rights shall not limit Thomas Datt Global from pursuing any other remedies available to it, including, but not limited to, injunctive relief, nor shall termination relieve you of your obligations to pay Thomas Datt Global any applicable license fees. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
18. Precautions and Disclaimer
The Binaural Beats audio on this page, which is also considered brainwave entrainment, should not be used by individuals who are epileptic, photosensitive, prone to seizures, who wear a pacemaker, or have any known neurological disorders.
NEVER LISTEN TO BINAURAL BEATS, MEDITATION OR SOLFEGGIO MUSIC FROM THIS PAGE WHILE DRIVING OR OPERATING MACHINERY.
Statements in regards to wellness benefits of the music included on this page, while supported by scientific research, have not been evaluated or approved by the FDA, or other health care governance. The music on this page is not intended to replace medical treatment. We advise you to seek professional medical advice for all medical conditions.
All content on this page is for general information purposes only. We encourage you to confirm any information here with other sources, and review it with your physician.
You (the buyer) assume all risks in using the music purchased on this page, waving any claims against the owners of Thomas Datt Global, and its affiliates, for any and all mental or physical injuries. The user/buyer, upon sharing the music from this page with 3rd parties, assumes liability if other persons come to mental or physical injuries. Thomas Datt Global is in no case liable for direct, indirect, accidental, special or by chance, damages resulting from the use or misuse of the music provided on this page.