LICENSING TERMS & CONDITIONS SET FORTH
You, referred to as “Licensee” have advised us, Fit Beat Music (“Licensor”) that you wish to obtain certain rights (“License Rights”) to use the master recordings (songs) contained & listed on your invoice for the purposes and upon the terms and conditions set forth herein:
ALL LICENSED MUSIC/SONGS/MIXES PRODUCED AND SUPPLIED BY FIT BEAT MUSIC MUST CONTAIN THE FOLLOWING CREDIT INFORMATION:
INCLUDE IN CREDITS (Video, Print, Web, Social Media):
Additional License Terms As Follows:
1. In consideration of the promotional support and marketing assistance through the credits listed below, and the mutual covenants set forth herein, Licensor hereby grants to Licensee the following License Rights:
(a) The non-exclusive right, license, privilege and authority to fix and record in each country of the Territory, the Compositions (including any segments thereof) in synchronism or in timed-relation with the Production; and
(b) The non-exclusive right, license, privilege and authority to cause and/or authorize the fixing of each of the Compositions (including any segments thereof) displayed, viewed or otherwise accessed online in and as part of the Production including, without limitation, any videos, featurettes, performances, webisodes, streaming media or any other elements or features contained therein or added thereto accessed via Internet, streaming, download, IPTV, Broadband or Online Download, PodCast or any other distribution method as background music bed combined with video only now known or hereafter discovered and
2. Licensee agrees to indemnify, defend, and hold Licensor, his representatives, heirs, executors, attorneys, agents, partners, officers, shareholders, directors, employees, subsidiaries, affiliates, divisions, successors and assigns harmless from and against any and all claims, demands, obligations, costs, losses and liabilities, including reasonable attorney fees incurred by Licensor, his representatives, heirs, executors, attorneys, agents, partners, officers, shareholders, directors, employees, subsidiaries, affiliates, divisions, successors and assigns which arise out of a claim resulting from a breach of this Agreement by Licensee. In the event of any breach of any provision of this agreement by Licensee, Licensor’s sole remedy will be an action at law for damages, if any, and in no event will Licensor be entitled or seek to enjoin, interfere or inhibit the distribution, exhibition or exploitation of the Production.
3. This License is binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. In the event Licensee assigns its rights hereunder, Licensee shall only be released and discharged from any further liability and obligation to Licensor under this agreement if the assignee is at the time a parent, subsidiary or affiliated entity of Licensee, or a corporation or entity with or into which Licensee may merge or consolidate, or a person, firm, entity or corporation succeeding to all or a substantial portion of Licensee’s assets. No failure by Licensee to perform any of its obligations hereunder shall be deemed a breach hereof, unless Licensor has given written notice of such failure to Licensee and Licensee does not cure such non-performance within thirty (30) days after receipt of such notice.
4. This License shall be governed by and subject to Federal law applicable to agreements made and to be wholly performed within governing law.
IF YOU RECEIVE A COPYRIGHT NOTICE WHEN USING OUR MUSIC.
If you purchased our music from our website, you have nothing to worry about. You are legally authorized to use our music in your videos. The notice you’re receiving is not an infringement claim. It is simply a notice that the songs are monetized for streaming purposes. Your videos will not be muted, deleted, or banned and you will not have a negative mark against you for the use of this music on your videos.
Essentially, our songs are licensed in many ways which include other fitness music providers, large media networks, record labels, digital distribution to streaming radio, online music stores, and more. Our songs come from in house production (in our studio) as well as our partner producers and labels (outside of our studio). Our partners also license the songs in their networks which are distributed on many different digital platforms. This means that there will always be “content ID tagging” (which is what activates the copyright notice) on specific songs because of their distribution sources. Streaming monetization of our music is an industry-standard. This is why you receive these notifications. Again, you have nothing to worry about. Proceed with confidence and enjoy the music!
IF YOU ARE TRYING TO MONETIZE YOUR YOUTUBE VIDEOS
We do not recommend monetizing your youtube videos when using our music. Although our music is “Royalty Free” (meaning you do not have to pay any further royalties for the use of the music for your videos once the initial music programs have been purchased), our music is not “Copyright-Free” (meaning, we own the copyright to our music and have license & distribution deals with our production partners and labels who also have distribution deals which include streaming sync monetization of the music content). This is why you might receive a copyright notice on your video. This is standard and you have nothing to worry about.
We suggest providing a recurring membership to your viewers/members/followers through your website and access to your videos through your website if you wish to monetize your video content which under the terms of our license, you can do. You can host the video on youtube and other online streaming sources as part of your license to use our music and you can make money off of those videos, however, youtube monetization might not be an option. If you do wish to monetize your youtube videos, we can help with this, however, there may be an additional cost as the process to clear every song for your specific monetization is time-consuming and there are many partners that would need to be contacted to get approval to release their monetization that may already be in place.
HOW DO I GET MY MUSIC ONCE PURCHASED?
All of the music on this site is available in digital mp3 download format. We do not produce or distribute CDs. We offer a short “audio preview” for each mix before you buy. The audio preview contains short clips of various songs within the mix. Once you’ve selected your mix(s), they are sent to your shopping cart. Once you “check out”, you are sent to a secure online payment gateway. We accept all major credit cards as well as Paypal.
Once you’ve purchased your music, you will be directed to a special download page. Your purchased mix(s) will be listed as download links. Your link(s) are only available for up to 72 hours after you purchase your mixes. Getting them is very easy!
1. Click on the links to initiate the download process. There are two files. Your full non-stop mix which is in mp3 format. The second file is a zipped folder containing the individual songs (also in mp3 format) from the mix. IMPORTANT: Download the files to your laptop or desktop (not directly to your phone). If it prompts you to a dropbox interface, you will find the option to “direct download” in the upper right corner of the browser window.
2. Once your files are fully downloaded, double click the zip folder containing your individual songs. This extracts the folder so that you can open it up and view the songs within that folder. In that folder of individual songs, select all then drag the audio files into your media player app which syncs to your mobile device. The full non-stop mix is already set as mp3 and can be dragged into the media player without unzipping.
Once you’ve done this, you will be able to play in your digital mp3 device (ipod, mp3 player, android, iphone, etc).
HOW IS THE MP3 DOWNLOAD FORMATTED?
Because a majority of our clients buy and download our mixes into their mobile devices, we’ve made it extremely simple to use. Every mix is formatted as one single mp3 file to ensure a perfect seamless mix with a continuous beat that does not pause or break. We do not offer individual mp3 files for each song. For this reason, we’ve also kept our pricing very affordable and competitive. No packaging, no special formatting – Simply download your mix(s), and play them. It’s that easy!
It is your responsibility to download all of your purchased mixes before your link expires. In the case that you do not download your mixes before the expiration date, contact us to request that your links be reset. It may take up to 48 hours to reset your download links. Once your download links are reset, you’ll 3 days to retrieve your mixes. If you fail to download after your links have been reset, a small service fee may be incurred to reset your links a third time.
WHAT IS A “PUBLIC PERFORMANCE LICENSE”?
A Public Performance License, also known as PPL is a license that is required to play radio familiar music that is published under royalty reporting agencies like ASCAP and BMI. Whenever you “play a song” that is heard on the radio, you are required to pay a fee. This is done with a special annual license called a “public performance license”. The fee is based on how many days you are open, how many hours per day, how many clients come through your facility, how the music is used (background or group fitness classes or both), and can become very expensive. Even more, if you don’t have a PPL and get caught playing copyright radio hit music in your facility, the fines are even more expensive!
IF I BUY MUSIC FROM THIS SITE, DO I NEED A PUBLIC PERFORMANCE LICENSE?
The simple answer is NO. All of our mixes are produced, published, managed & owned by Fit Beat Music. We control the rights and grant the rights to whomever we wish. Essentially, when you buy a mix from this site, you are granted the right to use that mix (or mixes) in your commercial facility for your group fitness classes and background throughout your gym without the fear of infringing on any copyright or cost of an annual PPL. We save you money, stress & give you original music DESIGNED FOR FITNESS!
CAN I USE FIT BEAT MUSIC MIXES FOR MY WORKOUT VIDEO?
Yes! Our music is 100% legal to use in your online streaming videos, webcasts, youtube & vimeo videos. If you are planning on making DVDs or are specifically in the business of producing and distributing video content to a large subscription, membership, or following base, we may require an additional license fee for larger companies/businesses. The online pricing is designed for the small business & individual who needs affordable music solutions for the online video programs.
IF I BUY A MIX AND DON’T LIKE IT, CAN I GET A REFUND?
Because our music is available for immediate download upon purchase, we cannot offer refunds or exchanges as this is a digital product that cannot be returned once purchased. We offer audio previews of each mix which allows you the ability to “listen before you buy”. Download links are available to you for a period of 3 days after your purchase. It is your responsibility to download all of your purchased mixes before your link expires. In the case that you do not download your mixes before the expiration date, contact us to request that your links be reset. It may take up to 48 hours to reset your download links. Once your download links are reset, you’ll 3 days to retrieve your mixes. If you fail to download after your links have been reset, a small service fee of $5.95 may be incurred to reset your links a third time.