This website and the material contained therein (such as texts, images, graphics, video, audio, software and any other form of intellectual property) may constitute intellectual property and therefore protected by copyright law. The violation of the rights provided for therein may therefore lead to the application of criminal or administrative sanctions provided for by art. 171, 171-bis, 171-ter, 174-bis and 174-ter of the law of 22 April 1941, n. 633, in addition to the civil penalties provided for by the Italian civil code.
The works whose source is indicated are the exclusive property of the respective rights holders and their successors in title. Unless otherwise indicated, all rights belong exclusively to D.M.L. Editions. The material contained in this site cannot therefore be reproduced, by any analogue or digital means, directly or indirectly, temporarily or permanently, in whole or in part, without the written authorization of D.M.L. Editions or their respective owners, with the exception of reproductions made for personal use only, for temporary reproductions prodromal to browsing the site itself or for content expressly available under the D.M.L. Editions.
All trademarks, registered and unregistered, and other distinctive signs present on the site belong to the legitimate owners and are not licensed or made subject to disposal in any way, unless expressly indicated. In particular, it is forbidden to use the logo, images and graphics of Krotonmusic.com and D.M.L. Edizioni, without the prior written consent of D.M.L. Editions.
It is also forbidden to copy, reproduce, publish on YouTube, disseminate, transmit or distribute any content of the Site and its Contents on any computer, website server or other means intended for publication, distribution or for any commercial purpose without the prior written consent of part of D.M.L. Publishing.
In the case of a hypertext link to an external site, D.M.L. Edizioni has no responsibility for the contents or use of the site itself.
D.M.L. Edizioni intends to fully respect the intellectual property rights of third parties. Nonetheless, if someone feels that their exclusive rights have been harmed, they can contact D.M.L. Editions to obtain the removal of protected material or to seek out-of-court solutions on the matter.
D.M.L. Edizioni reserves the right to change any product or service mentioned on the Krotonmusic.com Site, or the prices relating to such products and services, at any time and without notice. Material relating to products or services published on the Site may include outdated information; D.M.L. Edizioni is not required to correct such material and has no responsibility in this regard.
Illegal copying of products sold on the Site is a crime. In Italy, as in many other countries, copyright provides for civil and criminal penalties for the unauthorized reproduction or distribution of material protected by copyright.
It is also forbidden to forge the headers or otherwise manipulate the identifiers of messages or transmissions sent on or through the Site or any service offered on or through the webite in order to disguise their origin. It is forbidden to pretend to be or to represent other people as well as impersonate other individuals or entities.
You agree not to use the website or its Contents for any prohibited activity.
Digital products and right of withdrawal
The digital product is available for download immediately after order confirmation and can be downloaded immediately or at a later time. For this type of product we do not accept the right of withdrawal. We are available for any clarification and assistance. email@example.com
Terms and Conditions of our licenses
1 - Standard License - Non-exclusive
This standard non-exclusive license agreement (“Agreement”) for the backing track purchased at krotonmusic.com (“backing track”) is a legal agreement between the party granting the license (“Licensor”) and the party receiving it ( “Licensee”). Licensor and Licensee are each a “Party” and may be referred to herein collectively as the “Parties”. This Agreement concerns only the license of the Backing Track purchased on the www.krotonmusic.com site.
- Subject to the restrictions set forth in Section 2 hereof, Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable license to create one (1) derivative work from the backing track incorporating a vocal melody and/or text ( “Significant Additions”) to the Piece (the Piece when combined with such Significant Additions, the “Derivative Work”) for public broadcasting (the “License”), solely in connection with the promotion of Licensee’s music]. Notwithstanding the foregoing, Licensee shall have no right to exploit the backing track separately and independently of its inclusion in a Derivative Work as authorized below. The Licensee is not permitted to distribute the backing track, except to the extent it is incorporated into a Derivative Work (and thus subject to the terms of this Agreement). For the avoidance of doubt, this license is non-exclusive and the Licensor may continue to license the backing track to other third parties.
- Credits: Licensee will be required to provide attribution to Licensor on all distributions of the Derivative Work by including “Produced by KROTONMUSIC and co-produced by__________” in the “credits” or “personal” sections appended to all distributions of the Derivative Work , including, without limitation, any liner notes and metadata.
- The Licensee may not produce, nor authorize the production of audiovisual works that incorporate only the musical backing track.
- The Licensee is not permitted to deposit any melodic element present in the backing track with siae. He will only be able to deposit the parts considered “significant additions” (created by him or by whomever).
- The Licensee may participate in any live public performance of the Derivative Work, but will not be authorized to broadcast it via Radio and TV.
- The distribution of the musical backing track alone through Terrestrial Radio is prohibited.
- The Licensee is not allowed to grant synchronization licenses to the backing track or to the Derivative Work.
- The Licensee is not permitted to distribute the Backing Track as-is (without Significant Additions) under any circumstances.
- In exchange for the License, the Licensee must pay the fee (the “Fee”) established on the krotonmusic website. The fee is non-negotiable, non-refundable and non-recoverable.
- Except as expressly set forth herein, Licensor will continue to own all right, title and interest in and to the master registration and composition of the backing track, and nothing herein shall constitute an assignment of such rights. For the avoidance of doubt, the Licensee does not own the intellectual property rights to the composition or sound recording of the Derivative Work. The Licensee is granted only the right to use the backing track in the Derivative Work and to exploit the Derivative Work in accordance with the terms and conditions of this Agreement. The Licensor does not intend to grant any rights in or to any other derivative works of the backing track that may have been created by third parties. All Material Addendums written and recorded by the Licensee shall be the property of the Licensee. The parties do not intend to create a joint business.
- Licensor represents, warrants and guarantees that (i) Licensor owns or controls the copyright in the composition and master recording of the backing track; (ii) to the extent any third party intellectual property (“Third Party IP”) has been incorporated into the backing track, Licensor has obtained all necessary rights from all applicable third parties for (x) the inclusion of such Third party IP in Track and (y) Licensor to be able to grant Licensee the rights contemplated herein without required consents or additional fees owed to third parties for any use of backing track by Licensee in accordance with this Agreement; and (iii) that the backing track, as provided to the Licensee, does not infringe or misappropriate the intellectual property rights or any other rights of any third party.
- Licensee will indemnify, defend and hold Licensor harmless and their respective officers,directors, members, officers, employees and agents from and against any damages, losses,costs, expenses and liabilities (including reasonable attorneys’ fees) incurred by such parties in connection with any claim third party action or proceeding backing track on or arising out of any allegation that the Derivative Work infringes the intellectual property rights or other proprietary rights of any third party.
- If Licensee is in material breach of this Agreement and fails to cure such breach withinfifteen (15) days of receipt of written notice, Licensor may terminate this Agreement.
- This Agreement (and the Licence) will automatically terminate if even one point of section 2 (restrictions) is not complied with
- Upon termination or expiration of this Agreement, all rights in the Derivative Work, except for any Material Additions, and the backing track will revert to the Licensor and all Sections of this Agreement will terminate.
- Upon termination of this Agreement, Licensee shall use reasonable efforts to remove the Derivative Work from the Streaming Services. For the avoidance of doubt, any physical form of the Derivative Work created and distributed during the term of this Agreement by or on behalf of the Licensee in accordance with this Agreement shall not be recovered, destroyed or otherwise distributed upon expiration or termination of this Agreement.
- General Terms. Neither Party may assign this Agreement without the prior written consent of the other Party. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements or negotiations between the Parties. No modification or modification or waiver of this Agreement will be effective unless in writing and agreed to by both Parties (including by email). If any provision of this Agreement is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary for this Agreement to remain in full force and effect and enforceable. This Agreement, and all disputes directly or indirectly arising out of or relating to this Agreement, will be governed by and construed in accordance with the laws of the Italian State, without reference to the choice of laws relating thereto. The titles in this document are for convenience of reference only and in no way affect the interpretation of the Agreement.
2 - Exclusive Backing Track
This Backing Track Purchase Agreement (this “Agreement”) is a legal agreement governing the sale of [the track identified on the KrotonMusic “store” page and the transaction receipt] (the “Backing Track”), between the party selling the backing track (“Seller”) and the party receiving ownership of the backing track (“Licensee”), as such parties are so identified on the transaction receipt (the “Receipt”). The Seller and the Licensee agree as follows:
- Payment. In full and complete consideration of Seller for entering into this Agreement and for all rights transferred by Seller to Licensee hereunder, Licensee agrees to pay, and Seller agrees to accept, the fee set forth on the Payment Page payment and in the KrotonMusic Receipt (the “Fee”). The fee is non-refundable and non-recoverable.
- The backing track may have been previously licensed and those licenses may be pending. Licensor shall have no obligation to revoke any such previously granted licenses.
- The backing track may contain third party audio tracks (“Third Party IP” as defined below). If Third Party IP is incorporated into the backing track, the Licensee’s rights to such Third Party IP will be no greater than those currently held by Seller. Therefore, although the Licensee, at the time of execution of this Agreement, owns the intellectual property rights incorporated in the backing track as a whole, the Licensee will not own such Third Party IP.
- The Seller represents and warrants that: (i) the backing track does not infringe or misappropriate the intellectual property rights or any other rights of any third party; (ii) to the extent any third party intellectual property (“Third Party IP”) has been incorporated into the backing track, Seller has obtained all necessary rights from all applicable third parties for (x) the inclusion of such Third party IP in the backing track and (y) Seller to be able to grant Licensee’s rights contemplated herein without required consents or additional charges owed to third parties for any use of backing track by Licensee in accordance with this Agreement
- There are no restrictions or limitations on the use of the Derivative Work by the Licensee or its successors, licensors or designees in any and all media throughout the universe.
- The Licensee will not be able to distribute, sell or publish the backing track alone without adding significant additional parts (such as a vocal or instrumental track, effectively creating a “derivative work”) in the absence of an agreement with krotonmusic.
- Compensation. Licensee will indemnify, defend and hold harmless Seller and their respective officers, directors, members, officers, employees and agents from and against any damages, losses, costs, expenses and liabilities (including reasonable attorneys’ fees) incurred by such parties in connection with any claim third party action or proceeding backing track on or arising out of any allegation that the Derivative Work infringes the intellectual property rights or other proprietary rights of any third party.
- General terms. This Agreement and the terms of business set forth in the Receipt constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, negotiations, representations and understandings between the parties with respect to such subject matter. The failure of either party to assert its rights under this Agreement at any time for any period shall not be construed as a waiver of those rights. No modification or modification or waiver of this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is held to be illegal or unenforceable, such provision will be limited or eliminated to the minimum extent necessary for this Agreement to otherwise remain in full force and effect and enforceable. This Agreement, and all disputes directly or indirectly arising out of or relating to this Agreement, will be governed by and construed in accordance with the laws of the Italian State, without reference to the choice of laws relating thereto. The titles in this document are for convenience of reference only and in no way affect the interpretation of the Agreement.