Licensing Terms & Conditions

Last Updated: February 9th, 2016

PLEASE READ THE FOLLOWING LICENSING TERMS & CONDITIONS CAREFULLY. BY LICENSING MUSICAL CONTENT OR BY ACCESSING OR USING OUR SITES, SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 03/11/2016.

Acceptance of Terms

The following Licensing Terms & Conditions (the “LTC”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with GIOVANNI SOUND, INC., also known as GIOVANNI SOUND, located at 4208 Suite #1000 Six Forks Road, Raleigh NC 27609, and our subsidiaries and affiliates, in association with the use of the GIOVANNI SOUND website, which includes https://beats.giovannisound.com (the “Site”) and its Services, which shall be defined below.

General Information

GIOVANNI SOUND reserves the right to redistribute and relicense musical composition to multiple parties. We also reserve the right to terminate our music license(s) at any time; and change or update the terms of this agreement at any time without notice.
We do not grant ownership or transfer of copyrights to the licensed musical composition.
GIOVANNI SOUND will own 50% of the final derivative work made with licensed musical composition.
Unauthorized duplication of any licensed content is a violation of our terms.

Music Licensing

To license musical content from the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving GIOVANNI SOUND’s Services under the laws and statutes of the United States or other applicable jurisdiction.

Furthermore, the registering party hereby acknowledges, understands and agrees to:
Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. Upon completion of work; promptly register derivative musical compositions at https://beats.giovannisound.com/registration strictly abide by licensing agreement included with online purchase from site.

If LICENSEE knowingly violates the licensing agreement included with online purchase from site, GIOVANNI SOUND, INC. will have sufficient grounds and rights to suspend or terminate the license in violation of this aspect of the Agreement, and as such refuse any and all current or future use of GIOVANNI SOUND, INC. Services, or any portion thereof.

If LICENSEE knowingly provides any information of a false, untrue, inaccurate or incomplete nature, GIOVANNI SOUND, INC. will have sufficient grounds and rights to suspend or terminate the license in violation of this aspect of the Agreement, and as such refuse any and all current or future use of GIOVANNI SOUND, INC. Services, or any portion thereof.

License Agreements

Starter License: http://giovannisound.link/starter-license
Pro License: http://giovannisound.link/pro-license

*Above License Agreement links may be outdated. Please contact us for latest stable release.

Changes to Terms

We reserve the right to update or change our terms without notice, however we may post those change to our website homepage at https://beats.giovannisound.com/ so that our users and/or visitors are aware of our conditions.

It is highly recommended and suggested that you review the terms and conditions of any website you choose to use or frequent as a means to better understand the way in which other websites conduct activity in such manner.

Persons Under Age of 18

GIOVANNI SOUND does not license musical content to persons under the age of eighteen (18) without verifiable parental consent. If it is determined that such action has been made on anyone under the age of eighteen (18), we shall immediately take the necessary steps to ensure that parental consent is given, or terminate any agreements made. Anyone under the age of eighteen (18) must seek and obtain parent or guardian permission to license music from this website.

Proprietary Rights

GIOVANNI SOUND herein has granted you personal, non-transferable and non-exclusive rights and/or license to create a derivative work, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the license agreement. Furthermore, you do herein agree not to alter or change the licensed musical composition in any manner, nature or form, and as such, not to use any modified versions of the musical composition, unless authorized written consent is obtained. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface, which is provided by GIOVANNI SOUND, INC. for use in accessing our Services.

Therefore, except for that which is expressly permitted by applicable law or as authorized by GIOVANNI SOUND, INC. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on GIOVANNI SOUND, INC. Services (e.g. Content), in whole or part.

Copyrights

We will always retain ownership of the copyright(s) and intellectual property of material(s) licensed via the site, and we ask that all of our users/licensees acknowledge this claim and notice. With regards to appropriate circumstances and at its sole discretion, GIOVANNI SOUND may grant or extend certain rights to licensees.

Work Registration

We require that all derivative works made be registered at www.giovannisound.com/registration

Royalties

All clients, customers, and entities must register songs with BMI/ASCAP.
All revenue generated from public performance shall be split 50/50 respectively.
We require at 50% of all revenue on digital sales.

Revenue Reporting

All clients, customers, and entities must report all revenue earnings made with licensed content monthly to GIOVANNI SOUND.

Auditing Rights

We reserve the right to audit all revenue made on content using our compositions. By agreeing to these terms you have granted permission for GIOVANNI SOUND to audit all earnings made using our content.

Indemnity

All users and/or members herein agree to insure and hold GIOVANNI SOUND, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of GIOVANNI SOUND Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Notice

GIOVANNI SOUND may furnish you with notices, including those with regards to any changes to our terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may be received if you violate any aspects of our terms.

Understanding

Through the use of this website, you are hereby accepting the terms and conditions stipulated within the aforementioned Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

Limitation of Liability

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GIOVANNI SOUND, INC. AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR SERVICE;
  2. LEGAL LIABILITY DUE TO UNCLEARED MUSICAL SAMPLES;
  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Termination

We may, without any prior written notice, immediately suspend, terminate, discontinue, any license associated with your account, and access to any of our services/content. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. any breach or violation of our terms or any other incorporated agreement, regulation and/or guideline;
  2. by way of requests from law enforcement or any other governmental agencies;
  3. the discontinuance, alteration and/or material modification to our services/content, or any part thereof;
  4. unexpected technical or security issues and/or problems;
  5. any extended periods of inactivity;
  6. any engagement by you in any fraudulent or illegal activities; and/or
  7. the nonpayment of any associated fees that may be owed by you in connection with your https://beats.giovannisound.com account and/or licensing fees.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services/content.

The termination of your license with https://beats.giovannisound.com shall include any and/or all of the following:

  1. the removal of any access to all or part of the Services offered within https://beats.giovannisound.com;
  2. the removal of all musical content distributed on both physical and digital platforms.
  3. the barring of any further use of all or part of our services and/or content.
How to Contact Us

If you have any questions or concerns regarding the License Agreement Terms related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: policies@giovannisound.com

Telephone Number: +1 (888) 338-1013