Terms & Conditions

Terms and Conditions

 

  1. Agreement between User and Hellaclassics.com

Welcome to Hellaclassics.com. The Hellaclassics.com website (the “Site”) is comprised of various web pages operated by Hella Classics, Hellaclassics.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Hellaclassics.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.

 

Hellaclassics.com is an online store for the purpose of providing customers with high quality Hip Hop Beats and Instrumentals under strict licensing terms.

  • If a payment for a beat is initiated by a customer; then that customer hereby declares that he/she is fully cognizant of the Terms and Conditions and here forth accepts and agrees to all of the following terms and conditions. Hella Classics is under the applicable laws of the United Kingdom. If a beat contains sampled material, the sample-clearing itself needs to be done by the customer(s) (the licensee), not by any producer at Hella Classics, or by Hella Classics.

 

  • (If applicable) It is the customer’s responsibility for clearing all samples that he/she may choose to use; and hereby agrees that Hella Classics should be held harmless and shall not be held liable for any form of misuse for any sampled material that the licensee used in conjunction with the original instrumental composition licensed to them.

 

  • The user here forth accepts responsibility that he/she only paid for the production work from Hella Classic’s producers, and that Hella Classics does not claim any copyrights for any sampled material provided to the user.

 

  • The customer under no condition is allowed to resell any purchased beat(s) in any form. Rights that are given to a customer are neither transferable nor assignable to another party. In the event that exclusive rights to a beat is sold; Hella Classics is entitled to continue showcasing that beat for their own promotional uses; which in effect will mean that all beats sold exclusively will stay on the Hella Classics web pages unless requested otherwise by the customer. Once exclusive rights to any beat has been sold, downloads and the various licensing options available for that said beat will be removed and the beat will be marked as ‘sold’.

 

  • Hella Classic’s customers who own licenses for the purchased beat(s) are free at any time to make modifications to the length of that beat. Customers however are not allowed to change the sound structure of the beat itself. Hella Classics strictly warns customers not to use any parts, melodies, drum arrangements, instruments, sounds, etc. of the original instrumental composition for other compositions.

 

  • Once beat(s) are delivered to the customer; Hella Classics shall be released of any and all further responsibilities to the purchasing customer and is thereinafter unrestricted of any further duties for the customer. Any beat(s) by Hella Classics (or a Hella Classics producer) should NOT be uploaded on any other third party website without Hella Classic’s permission. Hella Classics holds no responsibility for any third party websites attempting to sell or license beats by any producer at Hella Classics. Any and all customers/users abusing the listed terms and conditions will face legal action.

 

  1. Privacy

Your use of Hellaclassics.com is subject to Hella Classics’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

  1. Free Downloads

Free downloads of any beat produced by Hella Classics producers shall not include any artistic or legislative rights to the beat. Those versions are meant for non-profitable usage, meaning only for demonstrational (Demo) tracks. Users are permitted to upload tracks on Internet pages like Myspace, Sound Click, Facebook, Soundcloud or YouTube, etc. on the condition that no monetization or paid streaming takes place. Copyright infringement is prohibited. Users should not use free downloads for tracks on mixtapes, albums etc. regardless of whether it is for a profitable project or not. To use a beat from Hella Classics producers for any profitable or non profitable mixtape or album etc. a license must be purchased by the user. It is unacceptable to make any kind of revenue with free download versions from Hella Classics. No audiovisual, neither TV nor any radio-airplay is permitted. Furthermore it is prohibited to make any changes to the beat or remove any of the used tags. Copying or ripping any audio material such as beats, tags, sounds, instruments or musical instruments, etc. is prohibited and will not be tolerated at any time; anyone found to be infringing on these rules will face legal action.

 

  1. Leasing Rights (MP3 Lease)

If a lease (also known as a Non Exclusive license) is purchased from Hella Classics then that customer is granted limited artistic and legislative rights to the corresponding beat(s) for one single lucrative/commercial use on any medium such as album, EP, single or mixtape; with a maximum distribution of up to 1500 sales units, or a monetized YouTube video with a limit of 10,000 monetized views. If this point of sale is reached and further sales are desired, then a new sales limit will be required. If the beat is no longer available for leasing, then absolutely no more sales shall be made after the sales limit is reached. The customer is not allowed to use the beat for any profitable performances, for this purpose a higher license is required.

An MP3 lease comes as a mixed tag-free MP3 file and also includes a contract/invoice, stating the privileges for usage. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing.

 

Previous leasing rights that have been sold before are not affected and shall stay valid until the sales limited has been achieved. Leasing a beat does not make the customer the sole owner of the beat. Hella Classics expressly prohibits re-sale or any other dispersal of the producer’s compositions, either as they exist or any modification thereof. Customers cannot at any time sell, loan, rent, lease, allocate, remix, re-arrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or the corresponding rights to another user, or for use in any competitive product. The customer accepts that Hella Classics is the sole copyright owner at all times and will retain ownership of the original instrumental composition.

 

The customer must give credit to the producer of any beat(s) licensed from Hella Classics by including the producer’s name on any and all productions and products. The customer agrees to display the producer’s name in all physical media or within web presentation of a portion (e.g. pre-listening) or sum of the original composition being licensed. This includes but is not limited to CD’S, CD covers, Cassette tapes, LP’s etc.

 

Example credits:

 

‘Beat prod. by (Insert producer name)’

‘Music produced by (Insert producer name) ’

Any displayed / streamed audio or downloadable audio files must include ‘Beat prod. by (Insert producer name)’ or ‘Music produced by (Insert producer name) ’ etc. within the file name or within the track/project title on the webpage it is featured on.

 

  1. Leasing Rights (WAV Lease)

The aforementioned leasing terms are all applicable for the WAV Lease but include the following:

  • A WAV Lease includes mixed tag-free WAV & MP3 files and a contract/invoice, stating the rights of use. Instead of an allowed circulation of up to 1500 sales units, the WAV lease allows up to 5000 sales units.
  • Instead of a limit of 10,000 monetized YouTube views, the customer is granted a limit of 100,000 monetized YouTube views.

 

  1. Premium Leasing Rights

The aforementioned leasing terms are all applicable for premium leasing rights but includes the following:

  • The customer is permitted to use the beat in 2 lucrative/commercial projects such as albums, mixtapes, singles, or music videos etc.
  • A premium lease includes mixed tag-free WAV & MP3 files, the corresponding separate track-lines and a contract/invoice, stating the rights of use. Instead of an allowed circulation of up to 1500 or 5000 sales units, a premium lease allows up to 10,000 sales units.
  • A premium lease grants the user a limit of 1,000,000 monetized YouTube views.
  • The customer is allowed to use the beat for 1 profitable public performance purpose with up to $5000 USD (or equivalent) earnings in total.
  • Synchronization rights are granted.

 

  1. Unlimited Leasing Rights

The aforementioned MP3 lease, WAV lease and Premium leasing terms are all applicable for unlimited leasing rights but includes the following:

 

  • The customer is permitted to use the beat in unlimited lucrative/commercial projects such as albums, mixtapes, singles, or music videos etc.
  • Instead of an allowed circulation of up to 1500, 5000 or 10,000 sales units, an unlimited lease has no sales limit.
  • An unlimited lease grants the user unlimited monetized YouTube views.
  • The customer is allowed to use the beat for unlimited profitable public performances with unlimited earnings from any performance.

 

  1. Exclusive Rights

 

Any beat licensed from Hella Classics as exclusive rights grants the customer full artistic & commercial rights and unlimited lucrative/commercial use. There is no sales limit in relation to exclusive rights. The customer is also granted synchronization rights to use the beat for any sync project (Movies, Games, TV etc.).

Unlimited radio broadcast and public performances are permitted and unlimited monetization on platforms such as YouTube are permitted.

 

An exclusive rights purchase comes with mixed tag-free WAV& MP3 files, the separated track lines, a contract that states the rights of use and an invoice. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing or sale from Hella Classics. In the event where past leasing rights were sold to other customers before the beat(s) has been sold exclusively; their rights will not be affected and shall stay valid until their sales limited has been reached.

 

The beat will be marked as ‘sold’ and any possible download and licensing option will be removed and shall remain unavailable. Upon request by the customer holding exclusive rights, beats will be removed from any website & marketing space. This does not include demonstrational videos (e.g. youtube, etc.) or demonstrational audio material used in intros, animations or as background music. The customer is not allowed, nor has the authority, to dis-allow/forbid other non exclusive license owners any use of the beat-composition(s) for commercial/profitable purpose or take legal actions against non-exclusive license owners. Hella Classics expressly forbids any re-sale or other distribution of the producer’s composition as a stand-alone composition or any modifications thereof.

The licensor expressly forbids re-sale or other distribution of the producer’s beat-composition, either as they exist or any modifications thereof for use in any competitive product, nor can licensee transfer his rights to the beat-composition to a third party if it’s not a full song with artist’s/licensee’s own vocals or at least lyrics. Licensee is allowed to sell his/her song over the beat-composition without any sales limitation or sales cap, worldwide without terminability, in any commercial/profitable form, and/or transfer the rights to his song over the beat, to another party such as Record Labels, another production company and another artist, but never the rights to the beat-composition itself for a standalone beat-composition product. The licensee understands that the licensor maintains 100% copyright and ownership of the original instrumental composition and that licensee buys exclusive sales rights and rights of use to the beat-composition(s) but not the intellectual property itself. This is necessary and entitles licensor to maintain the administrative and legislative rights to the beat-composition, in order to be able to ensure non-exclusive license owners administrative guidance and license-warranties.

 

The customer is prohibited from selling, loaning, renting, leasing, assigning, remixing, re-arranging , removing any melodies, instruments, drum programming or transfering all or any of the products sold or their rights to another person or for use in any competitive product. The customer understands that Hella Classics shall maintain 100% copyright & ownership of the original instrumental composition. The customer must give credit to the producer of any beat(s) licensed from Hella Classics by including the producer’s name on any and all productions and products. The customer agrees to display the producer’s name in all physical media or within web presentation of a portion (e.g. pre-listening) or sum of the original composition being licensed. This includes but is not limited to CD’S, CD covers, Cassette tapes, LP’s etc.

 

Example credits:

 

‘Beat prod. by (Insert producer name)’

‘Music produced by (Insert producer name) ’

Any displayed / streamed audio or downloadable audio files must include ‘Beat prod. by (Insert producer name)’ or ‘Music produced by (Insert producer name) ’ etc. within the file name or within the track/project title on the webpage it is featured on.

 

9. Electronic Communications

Visiting Hellaclassics.com or sending emails to Hella Classics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Hella Classics does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Hellaclassics.com only with permission of a parent or guardian.

 

10. Payment Policy

Payments are payable to Hella Classics once an order is made by the Buyer to initiate the instant delivery of the product.

Exclusive Rights payment plans: Payments that are still pending and have not been credited as yet needs to be credited first before delivery. Payment plans for services and products can be set up individually. A separate individual agreement therefore is necessary. Payment plans can be set up individually, or at least 25% of the total price of the service/product needs to be paid up front. If the Buyer fails to fulfil the payment-plan then that Buyer will not be entitled to receive any refund; mainly due to the administrative work and the possibility of financial losses by Hella Classics. The beat(s) will be available for sale and the customer will keep a premium lease to the beat (or any non exclusive license equal to the value of what has already been paid). Beats that are being paid with payment plans may no longer be sold with exclusive rights but may still be leased until the customer has completed the last payment step of the payment plan. In case of a money refund by any of the parties, or a reversed payment, the issued contract becomes voided.

 

11. Credit Agreement

The customer here forth accepts any credit to Hella Classics and all associated with Hella Classics. When purchase is initiated by the User of any kind, the user forfeits and declares that he/she will give credit to the producer where possible in a written form such as the following: cd cover, booklet, YouTube videos, social network pages such as Myspace or Facebook and etc. The User accepts the responsibility of providing credits to Hella Classics for Beats issued to the User by Hella Classics.

 

 12. Public Performances

Non-profitable performances are allowed for any license type. Profitable performances are only allowed with a premium lease license or higher license. User may NOT use free download versions for public performances (whether profitable or not).

 

13. Delivery

Though products are delivered via an automated system, a delivery time frame of 24 business hours may be possible in some cases.

 

14. Links to third party sites/Third party services

Hellaclassics.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Hella Classics and Hella Classics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hella Classics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hella Classics of the site or any association with its operators.

 

Certain services made available via Hellaclassics.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Hellaclassics.com domain, you hereby acknowledge and consent that Hella Classics may share such information and data with any third party with whom Hella Classics has a contractual relationship to provide the requested product, service or functionality on behalf of Hellaclassics.com users and customers.

 

15. No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Hellaclassics.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Hella Classics that you will not use the site for any purpose that is unlawful or prohibited by these terms. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

 

All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Hella Classics or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Hella Classics content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hella Classics. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hella Classics or our Hella Classicss except as expressly authorized by these terms.

 

16. Use of communication services

The Site may contain bulletin board services, blogs and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Hella Classics has no obligation to monitor the Communication Services. However, Hella Classics reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hella Classics reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Hella Classics reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hella Classics’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hella Classics does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hella Classics specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hella Classics spokespersons, and their views do not necessarily reflect those of Hella Classics.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

17. Third Party Accounts

You will be able to connect your Hella Classics account to third party accounts. By connecting your Hella Classics account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

18. Indemnification

You agree to indemnify, defend and hold harmless Hella Classics, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hella Classics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hella Classics in asserting any available defenses.

 

19. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

20. Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HELLA CLASSICS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

HELLA CLASSICS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HELLA CLASSICS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELLA CLASSICS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HELLA CLASSICS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

21. Termination/access restriction

Hella Classics reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom and you hereby consent to the exclusive jurisdiction and venue of courts in the UK in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hella Classics as a result of this agreement or use of the Site. Hella Classics’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hella Classics’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hella Classics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hella Classics with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hella Classics with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

22. Changes to Terms

Hella Classics reserves the right, in its sole discretion, to change the Terms under which Hellaclassics.com is offered. The most current version of the Terms will supersede all previous versions. Hella Classics encourages you to periodically review the Terms to stay informed of our updates.

 

23. Contact Us

Hella Classics welcomes your questions or comments regarding the Terms:

Hella Classics

Sheffield

United Kingdom, Hellaclassics.com

Email Address:

hellaclassics@gmail.com

Effective as of 8th January 2017