Unlimited Leasing is subject to the same terms as the Leasing option except for a few modifications. Sales, streams and downloads are not limited to a certain number. This is a life-long non-exclusive license. The licensee is allowed to get profitable radio-, video- or television-airplay or to perform the song on commercial/profitable shows with a unlimited leasing rights license. When releasing the song through a distributor or in any other commercial way, the licensee must register dopfunk (Liam Bitterroff) as sole producer with a 10% royalty interest of all income made with the licensed work.
Failure to comply with these terms can result in an instant forfeiture of your license and possible legal consequences.
§1 PURCHASE INFO – Purchases can be downloaded 3 times over a period of 48 hours. If for some reason you lose the files or need another download you can contact us and we might send you another copy if we can track your purchase. Products are purchased as digital downloads and can not be returned. We do not issue or accept refunds.
§2 CREDIT AGREEMENT – Credit must always be given to ‘dopfunk’ in written form, for example ‘Beat by dopfunk (dop-funk.com)’. By making a purchase of any kind or downloading demo beats, tagged beats, etc. or any similar content, the customer declares that he will give credit to the producer where possible in a written form (cd cover/booklet, song or video descriptions, youtube videos, file-names, mixtapes, albums, singles, remixes, social network pages such as facebook, music sites such as soundcloud, reverbnation, etc.). Proper credit is given as follows: (Example credits: ‘Beat prod. by dopfunk’ or ‘Beat by dopfunk (dop-funk.com)’ … Music © 2015 All rights reserved. Used under license. Any displayed or downloadable files such as mp3s, wav files, etc. must include ‘Beat by dopfunk’ within the file name. If beat-composition(s) and/or licensed material contain(s) any pre-recorded and mixed/embedded hook(s) (also known as chorus) by an artist (singer/rapper), the name of the artist is listed and can be found in the filename(s) or purchased items and on our website. If there is doubt about an artist’s name, you, the licensee or person entering into this agreement bound to the terms and conditions, has the responsibility to contact us for this information. In case a beat-composition contains such (a) hook(s), all credit as needed for ‘dopfunk’ is also needed to be given in written form as follows (‘Hook by Artistname’ or ‘featuring Artistname’). Beats with hooks being displayed as ‘instrumentals wth hooks’ are treated just like all other beat-compositions in regards of licensing and registrations in the terms & conditions. All artists that may be appearing on beats and performing hooks have been paid upfront for their work as ‘work for hire’ and are legally qualified to enter into this agreement without further agreement(s). No further license documentation by dopfunk is required for proof of legal correctness.
§3 PAYMENTS – dopfunk accepts PayPal only. All payments are to be paid or are paid upfront before delivery of the product. E.g. this means at the same time that services or products by dopfunk will only be delivered after receiving the payment(s), never upfront. Payments that are still pending and not being credited yet need to be credited first before delivery! Payments can not be refunded.
§4 DELIVERY – Products, files and documents are delivered electronically via an automatic system if purchased via our instant delivery store, and also manually within a delivery time frame of 24 business hours if purchased any other way. All products, files and documents are delivered electronically via e-mail as download links, hosted through a file-sending service such as sendspace.com, license agreement(s) may be sent as attached pdf-file(s). No tangible/physical copies will be delivered via postal mail for non-exclusive rights licenses, upon request, we send tangible/physical copies in form of a printed license-agreement/receipt and a CD/DVD containing the files to the product(s) via postal mail, in case it’s an exclusive rights purchase or custom beat production. Please check your spam and junk folders if you don’t find our e-mails in your inbox. Make sure you don’t block pop-up windows in your browser or links in your email provider/software. If links are not clickable, copy and paste the link(s) in the address bar of your browser. If you experience any issues with download links, please try a different browser or computer/device. Most mobile phones and devices are not capable of downloading and saving files, in order to download the files/documents properly, please use a desktop computer such as a PC, Mac, Laptop or Macbook.
§5 GENERAL TERMS AND CONDITIONS – The license agreement(s) do not need to be signed by the customer(s)/licensee(s) and automatically become legally valid and active with purchase (payment needs to be fully credited) and receipt of purchased items. As displayed on our website, customer automatically agrees to all registrations/content that are listed in the terms & conditions, and enters this agreement with purchase. By making a payment, the customer (licensee) declares that he is fully aware of the entire content listed in the terms and conditions, he fully accepts and agrees to them. Full Terms are listed on our official web-page www.dop-funk.com. In case of possible changes in any of the listed points, or should one point become invalid or adjusted, all other points in the the terms and conditions stay unaffected and are still valid. Previously sold licenses and granted rights stay unaffected by future changes to the terms and conditions. dopfunk has the legal right, but never the duty, to re-buy exclusive rights from the current exclusive rights license holder, for any amount of money, if the exclusive rights license holder agrees to it and wants to re-sell his exclusive rights back to the licensor. Interested parties, customers/clients, and licensees/license holders have the full responsibility to read the terms and conditions before making a purchase, and check for updates and/or changes in the terms and conditions on our website www.dop-funk.com . dopfunk is not obliged for addressing any changes in the terms and conditions publicly at any time or in any form. For any point listed in this written agreement, any restrictions thereof and the general legal relationship, German Law is applicable in any case. If a beat contains sampled material, the sample-clearing of itself needs to be done by the customer(s)/licensee(s), never by dopfunk. The customer(s)/licensee(s) understand(s) that they are responsible for clearing all samples that they choose to use and that the licensor cannot and will not be held liable for the misuse of any sampled material that the licensee uses in conjunction with the original instrumental composition that is being licensed in this agreement. The licensee(s) understand(s) and accept(s) that he/they only paid for the production work of the producer. The licensor does not claim to have/own any rights on any sampled material. Under no circumstances is a customer/licensee allowed to re-sell the beat itself or any modifications thereof, nor transfer the rights to the beat composition in any form to a third party, except for what is listed in the applicable license descriptions. Rights that are given to a customer are not transferable and non-refundable, if a customer/licensee features another or other artist(s), not listed as license holders in his license agreement by date of purchase, the issued rights to the beat-composition for use in licensee’s/customer’s song(s), featuring the concerned artist(s), are non-transferrable to other’s and non-splittable, for any kind of non-exclusive license(s) and remain bound strictly and solely to customer/licensee. Exclusive Rights license owners may split rights, transfer rights or share rights to the beat-composition in use of their song(s), by setting up an individual written agreement which needs licensor’s approval at his sole discretion in signed form. If any additional license agreement(s), new license agreement(s), or changes to (a) current license agreement(s), or any concerned additions/adjustments, etc. are desired, license agreement(s) or contract(s) must include these terms and conditions and refer to the points/content, listed in these terms and conditions in order to blend in with all required and necessary information/registrations for any license type, warranties, and general terms and conditions. All orders are final and cannot be changed/altered/adjusted/refunded afterwards, without licensor’s approval. No matter if exclusive rights or any other licenses are sold to a beat, dopfunk will always be allowed to use that beat for own promotional uses, without limitation, worldwide and throughout the universe, without terminability. Therefore all beats sold exclusively may stay on the webpage or any websites and marketplaces they were offered, if licensor decides to. Download and license/purchase options to exclusively sold beats (exclusive rights) will be removed and the beat will be marked as ‘sold’ and become unavailable for any form of future licensing. Customer(s)/Licensee(s) may edit/alter the length of a beat, mixing/mastering of a beat (use of effects, change of volumes/levels, etc.), and general modifications, such as structure of instrumentation (seperate tracklines), as they see fit, as long as they own a license to the beat and do not change the sound-structure of the beat itself, so that the beat becomes unrecognizable (e.g. only using drums or only using less than 70% of the entire sounds/instruments included in the original beat composition). It is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for use in other compositions in a competitive product (for example: remixes or sampled music/beats) without written consent and licensor’s approval. Remixes using any material of the original beat composition, or musical versions covering the original beat composition, played with live instruments (orchestra, band, etc.) are only allowed for exclusive rights license owners. After the delivery of the beat, dopfunk will be unbound of any further responsibilities and legal obligations to the customer(s)/licensee(s), and legally freed of any further duties. Musical Composition(s)/Beat(s) by dopfunk may NOT be uploaded on any website, marketplace or distributed in any form without his permission and written consent. dopfunk is not responsible for any other website(s), marketplace(s), companie(s) or person(s) claiming to sell his beats and owning rights to them, nor is dopfunk legally responsible, nor liable/amenable for any damage, harm, financial losses or legal issues, caused by anybody abusing, disregarding or disrespecting the listed terms and conditions. Anyone found to be abusing and violating these terms and conditions or any other legal aspect concerning dopfunk’s music, content, or physical and/or intellectual property, will likely face a law suit and criminal punishment and be held responsible for copyright infringement.
§7 SCOPE OF APPLICATION, CUSTOMER INFORMATION
The following general terms and conditions (GTC) regulate the contractual relationship between dopfunk and consumers and entrepreneurs who buy goods through our dopfunk shop. Conditions that contradict or deviate from our terms and conditions are not recognized by us. The contract language is German.
§8 CONCLUSION OF CONTRACT
(1) The offers on the Internet represent a binding offer to you to buy goods.
(2) You can add one or more products to the shopping cart. In the course of the ordering process, you enter your data and requests regarding the method of payment, delivery modalities, etc. Only when you click on the order button do you accept the offer to conclude a sales contract.
§9 CUSTOMER INFORMATION: STORAGE OF THE CONTRACT TEXT
Your order with details of the concluded contract (e.g. type of product, price, etc.) will be saved by us. However, you cannot access your past orders over the Internet. We will send you the terms and conditions, but you can also access them at any time via our website. If you would like to save the product description on our shop page for your own purposes, you can e.g. take a screenshot or alternatively print out the whole page.
§10 CUSTOMER INFORMATION: CORRECTION NOTICE
You can correct your entries at any time with the delete button before placing the order. We will inform you about further correction options on the way through the ordering process. You can also completely end the ordering process at any time by closing the browser window.
§11 STATUTORY LIABILITY RIGHTS AND LIMITATION OF LIMITATIONS
(1) Warranty rights
Statutory warranty rights exist for our goods.
(2) Guarantee to consumers for used goods
Your claims due to defects in used items become statute-barred one year after the item sold is handed over to you. Excluded from this regulation are claims for damages, claims due to defects that we have fraudulently concealed, and claims from a guarantee that we may have assumed for the quality of the item. For these excluded claims, the statutory limitation periods apply. In the case of a possibly given guarantee period, the longer period applies in favor of the buyer.
(3) Guarantee towards entrepreneurs
Your warranty claims due to defects in the purchased item expire one year from the transfer of risk. The following claims
are excluded from this rule
– for damages
– due to fraudulently concealed defects
– from a possibly given guarantee
– on recourse according to §§ 445a, 478 BGB
– due to defects in building materials and components that have been used for a building in accordance with their normal use and have caused its defectiveness. For these excluded claims, the statutory limitation periods apply. In the case of a possibly given guarantee period, the longer period applies in favor of the buyer.
§12 LIMITATION OF LIABILITY
We exclude liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damages from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we have to provide you with the item free of material defects.
Your personal data (e.g. title, name, address, email address, telephone number, bank details, credit card number) will only be processed by us in accordance with the provisions of German data protection law and the data protection law of the European Union (EU) processed. In addition to the processing purposes, recipients, legal bases, storage periods, the following regulations also inform you about your rights and the person responsible for your data processing. This data protection declaration only applies to our website. If you are forwarded to other pages via links on our pages, please inform yourself there about the respective handling of your data.
§2 DATA PROCESSING FOR THE PERFORMANCE OF THE CONTRACT
(1) Purpose of processing – your personal data, which you provide to us during the ordering process, are required to conclude a contract with us. You are not obliged to provide your personal data. Without giving your address, we cannot send you the goods. For some payment methods, we need the necessary payment data in order to pass them on to a payment service provider commissioned by us. The processing of your data entered during the ordering process is therefore carried out for the purpose of fulfilling the contract. If you send us an inquiry by e-mail, using a contact form, etc. before concluding the contract, we will process the data received in this way to carry out pre-contractual measures and answer e.g. Your questions about our products.
(2) Legal basis – The legal basis for this processing is Art. 6 Para. 1 b) GDPR.
(3) Recipient categories – payment service providers, shipping service providers, hosting providers, possibly merchandise management system, possibly suppliers (dropshipping).
(4) Storage period – We save the data required to process the contract until the statutory warranty and, if applicable, contractual guarantee periods have expired. We store the data required by commercial and tax law for the periods specified by law, usually ten years (cf. § 257 HGB, § 147 AO). The data processed to carry out pre-contractual measures will be deleted as soon as the measures have been carried out and there is clearly no contract conclusion.
§3 INFORMATION ABOUT COOKIES
(1) Processing purpose – Technically necessary cookies are used on this website. These are small text files that are stored in or by your Internet browser on your computer system. These cookies enable e.g. putting several products in one shopping cart.
(2) Legal basis – The legal basis for this processing is Art. 6 Paragraph 1 f) GDPR.
(3) Legitimate interest – Our legitimate interest is the functionality of our website. The user data collected by technically necessary cookies are not used to create user profiles. This safeguards your interest in data protection.
(4) Storage duration – The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have different lifetimes ranging from a few minutes to several years.
(5) Right of objection – If you do not want these cookies to be stored, please deactivate the acceptance of these cookies in your Internet browser. However, this may restrict the functionality of our website. You can also delete permanently stored cookies at any time via your browser.
§4 SOCIAL PLUGINS
(1) We use social plugins from facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins can be recognized by the Facebook logo or the addition “Facebook Social Plugin”. For example, if you If you click the “Like” button or leave a comment, the relevant information will be sent directly from your browser to Facebook and saved there. Furthermore, Facebook makes your preferences public for your Facebook friends. If you are logged in to Facebook, Facebook can assign your visit to our page directly to your Facebook account. Even if you are not logged in or do not have a Facebook account at all, your browser transmits information (e.g. which website you have accessed, your IP address) that is stored by Facebook. For details on how Facebook handles your personal data and your rights in this regard, please refer to Facebook’s data protection information. If you do not want Facebook to assign the data collected about you via our websites to your Facebook account, you must log out of Facebook before visiting our websites. You can also completely prevent the Facebook plugins from loading with add-ons for your browser, e.g. with the “Facebook Blocker” (Facebook).
(3) Social plugins from Google+ Our website uses so-called social plugins (“plugins”) from the social network Google+, operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”) is used. The plugins are e.g. recognizable by buttons with the sign “+1” on a white or colored background. You can find an overview of the Google plugins and their appearance here. When you call up a page on our website that contains such a plugin, your browser establishes a direct connection to the Google servers. The content of the plug-in is transmitted directly to your browser by Google and integrated into the page. Through the integration, Google receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Google+ profile or are not currently logged in to Google+. This information (including your IP address) is sent directly from your browser to a Google server in the USA and stored there. If you are logged in to Google+, Google can immediately assign your visit to our website to your Google+ profile. If you interact with the plugins, for example press the “+1” button, the corresponding information is also transmitted directly to a Google server and stored there. The information is also published on Google+ and shown to your contacts on Google+. The purpose and scope of the data collection and the further processing and use of the data by Google as well as your related rights and setting options to protect your privacy can be found in Google’s data protection information. If you do not want Google to assign the data collected via our website directly to your profile on Google+, you must log out of Google+ before visiting our website. You can also completely prevent the Google plugins from loading with add-ons for your browser.
§5 RIGHTS OF THE DATA SUBJECT If your personal data are processed, you are the data subject within the meaning of the DSGVO and you have the following rights towards us: 1. Right to information You can request a confirmation from us as to whether personal data concerning you will be processed by us. If this is the case, you can request information from us about the following information: (1) The purposes for which the personal data are processed; (2) the categories of personal data that are processed; (3) the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed; (4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the storage duration; (5) the existence of a right to correction or deletion of your personal data, a right to restrict processing by us or a right to object to this processing; (6) the right to lodge a complaint with a supervisory authority; (7) all available information on the origin of the data if the personal data are not collected from the data subject; (8) The existence of automated decision-making including profiling in accordance with Art. 22 Paragraphs 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. You have the right to request information about whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR to be informed in connection with the transfer. 2. Right to correction You have a right to correction and / or completion vis-à-vis us, if the processed personal data concerning you is incorrect or incomplete. We need to make the correction immediately. 3. Right to restriction of processing You can request the restriction of the processing of the personal data concerning you under the following conditions: (1) if you dispute the accuracy of the personal data relating to you for a period that enables us to verify the accuracy of the personal data Review data; (2) if the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data; (3) If we no longer need the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or (4) if you have objected to processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons to which we are entitled outweigh your reasons. If the processing of your personal data has been restricted, this data – apart from its storage – may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest processed by the Union or a Member State. If the processing restriction has been restricted according to the above conditions, you will be informed by us before the restriction is lifted. 4. Right to erasure a) Obligation to erase You can request that we erase your personal data immediately, and we are obliged to erase this data immediately if one of the following reasons applies: (1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed. (2) You revoke your consent on which the processing was based in accordance with. Art. 6 para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal basis for the processing. (3) According to 21 para. 1 GDPR objection to the processing and there are no overriding legitimate reasons for the processing, or you object acc. Art. 21 para. 2 GDPR objection to the processing. (4) The personal data concerning you have been processed unlawfully. (5) The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which we are subject. (6) The personal data relating to you were collected in relation to the information society services offered in accordance with Art. 8 Paragraph 1 GDPR. b) Information to third parties Have we made the personal data concerning you public and we are acc. Art. 17 para. 1 GDPR to delete them, we take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the data processing officers who process the personal data that you are the person concerned has requested the deletion of all links to this personal data or of copies or replications of this personal data. c) Exceptions The right to deletion does not exist if the processing is necessary (1) to exercise the right to freedom of expression and information; (2) to fulfill a legal obligation that requires processing under the law of the Union or the member states to which we are subject, or to perform a task that is in the public interest or in the exercise of official authority that has been assigned to us; (3) for reasons of public interest in the area of public health in accordance with Art. 9 Para. 2 lit. h and i as well as Art. 9 Para. 3 GDPR; (4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 Para. 1 GDPR, insofar as the right mentioned under section a) is likely to make the realization of the objectives of this processing impossible or seriously impair it, or (5) for the establishment, exercise or defense of legal claims. 5. Right to information If you have asserted the right to correction, deletion or restriction of processing against us, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this turns out to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients by us. 6. Right to data portability You have the right to receive the personal data relating to you that you have provided to us in a structured, common and machine-readable format. You also have the right to transfer this data to another person responsible without hindrance, provided that (1) the processing is based on consent in accordance with. Art. 6 para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract according to. Art. 6 para. 1 lit. b GDPR and (2) the processing is carried out using automated procedures. In exercising this right, you also have the right to have the personal data relating to you transmitted directly from us to another person responsible, insofar as this is technically feasible. This must not impair the freedoms and rights of other people. The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been assigned to us. 7. Right to object You have the right, for reasons that arise from your particular situation, at any time to object to the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f DSGVO takes place to object; this also applies to profiling based on these provisions. We will then no longer process the personal data relating to you, unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If the personal data concerning you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes. In connection with the use of information society services – regardless of Directive 2002/58 / EC – you have the option of exercising your right of objection by means of automated procedures that use technical specifications. 8. Right to withdraw the declaration of consent under data protection law You have the right to withdraw your declaration of consent under data protection law at any time. Revoking your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of revocation. 9. Automated decision in individual cases including profiling You have the right not to be subject to a decision based solely on automated processing – including profiling – which has legal effects on you or which significantly affects you in a similar way. This does not apply if the decision (1) is necessary for the conclusion or performance of a contract between you and us, (2) is permissible on the basis of legal provisions of the Union or of the member states to which we are subject and these legal provisions take reasonable measures to comply Contain your rights and freedoms as well as your legitimate interests or (3) is based on your express consent. However, these decisions may not be based on special categories of personal data according to Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests. With regard to the cases mentioned in (1) and (3), we take appropriate measures to safeguard your rights and freedoms and your legitimate interests. 10. Right to lodge a complaint with a supervisory authority Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of your personal data violates the GDPR. The supervisory authority to which the complaint was submitted informs the complainant about the status and the results of the complaint, including the possibility of a judicial remedy according to Art. 78 GDPR. Responsible for data processing: Liam Bitterroff Pfarrstraße 88 10317 Berlin Telephone: 017634567664 email@example.com