Terms and Conditions
These terms and conditions (“Terms”) apply to all products and services provided by Instrumental Background Music and its composers (“we”, “us”, “our”) including bespoke audio work. By using our services, you agree to be bound by these Terms.
- “Composer” refers to the individual author of the track being sold.
- “InstrumentalBGM” refers to the collective of composers trading under Instrumental Background Music.
- “Project” refers to any video, podcast or media production using music from www.instrumentalbackgroundmusic.com.
- “Site” refers to the website www.instrumentalbackgroundmusic.com.
- “Services” refers to any custom work carried out by InstrumentalBGM for a client.
Copyright is retained by InstrumentalBGM or the individual composers on all audio work including lyrics, sound effects, sound design, and live recordings unless specifically released in writing and after all costs have been settled.
If a choice of audio is presented, only one solution is deemed to be given by InstrumentalBGM as fulfilling the contract. All other audio remains the property of InstrumentalBGM, unless agreed in writing that this arrangement has been changed.
At the time of proposal, InstrumentalBGM will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to InstrumentalBGM to confirm acceptance of the Terms and Conditions as stated here. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept InstrumentalBGM terms and conditions. No work on a project will commence until either document has been received by InstrumentalBGM.
All music and audio content by InstrumentalBGM, whether published on our Site or on third-party websites, is expressly prohibited for use in the development, training, or deployment of Artificial Intelligence or any other technology that seeks to emulate, replicate, duplicate, or reference such material, whether directly or indirectly via third-parties, for commercial or non-commercial usage without prior written consent by InstrumentalBGM.
This includes, but is not limited to, the use of our music in any machine learning algorithms, neural networks, or any other AI systems, whether for research or commercial purposes. It is prohibited to use our music in any capacity that would involve its use by any form of artificial intelligence or technology, for any purpose whatsoever, without first obtaining written consent from InstrumentalBGM.
Any violation of this policy will result in immediate legal action, including but not limited to, seeking injunctive relief, damages, and attorneys’ fees. By using our music and audio content, you agree to be bound by these terms and conditions and acknowledge that any violation of these terms may result in legal consequences.
Charges for music services to be provided by InstrumentalBGM will be set out in the written estimate or quotation that is provided to the customer.
Accounts which remain outstanding for 30 days after the date on the invoice, will incur an extra charge of 5% per month of the outstanding amount. Payments may be made via Gumroad (any PayPal fees & commissions will be included in the invoice) or bank transfer.
An account shall be considered default if it remains unpaid for 31 day’s from the date on the invoice, or following a declined Gumroad, InstrumentalBGM shall be considered entitled to remove InstrumentalBGM and/or the customer’s material from any and all computer systems, until the amount due has been fully paid.
This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of it’s obligation to pay the due amount.
Customers whose accounts become default agree to pay InstrumentalBGM reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to InstrumentalBGM for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any audio and sound effects artwork, images, or text supplied and/or designed by InstrumentalBGM on behalf of the customer, will remain the property of InstrumentalBGM and/or it’s suppliers.
The customer may request in writing from InstrumentalBGM, the necessary permission to use materials (for which InstrumentalBGM holds the copyright) in forms other than for which it was originally supplied, and InstrumentalBGM may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid audio, sound effects, artwork, images, text, or other data to be used.
By supplying images, text, or any other data to InstrumentalBGM, the customer grants InstrumentalBGM permission to use this material freely in the pursuit of the audio production. Should InstrumentalBGM, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow InstrumentalBGM to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold InstrumentalBGM free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft audio deliverable will be liable to a separate charge. The customer also agrees that InstrumentalBGM holds no responsibility for any amendments made by any third party, before or after the audio deliverable is published.
CANCELLATION AND TERMINATION
(a) Cancellation of an agreed quotation or proposal by you must be communicated to InstrumentalBGM both by telephone and in writing (letter or email).
(b) Once audio work has commenced, any deposits are not refundable. Where the project is cancelled at your request, any costs accrued by InstrumentalBGM over and above the deposit will be invoiced to you and will be due and payable immediately.
(c) Where audio work has been agreed to and the project is cancelled at your request and where the audio work has not yet commenced, a termination fee of 25% of the agreed quotation or proposal or the total of costs accrued by InstrumentalBGM to date will apply (whichever is greater).
(d)(i) Works in progress can be postponed at your request in writing. All outstanding costs to date will be invoiced to you and be payable immediately.
(d)(ii) Where you postpone a project in accordance with clause (d)(i) of this section, work will be restarted and completed at your instruction in accordance with the specifications of the original quotation.
(d)(iii) Notwithstanding clause (d)(ii) of this section, work resumed after postponement will be subject to cost revision. Work will not restart until revised costing (if any) has been agreed to in writing.
(e) InstrumentalBGM reserves the right to terminate services where (i) there are outstanding invoices, or (ii) there is a material breach of these terms and conditions.
(f) InstrumentalBGM will be entitled to cancel any agreement with you where you become insolvent, enter into voluntary arrangements with creditors, enter receivership or cease trading for any reason. This will be done without prejudice to any other rights or remedies available to InstrumentalBGM. Amounts owing will be invoiced and immediately due and payable.
(g) Customers are entitled to unsubscribe at any time during their period of subscription. In such circumstances, access to the library will be terminated by the end of the month that has been paid for. InstrumentalBGM will terminate any subscriptions entered into by customers who do not adhere to the terms and conditions stated below regarding subscriptions.
InstrumentalBGM offer a subscription service for customers who wish to have unlimited access to InstrumentalBGM’s online catalogue of music (www.instrumentalbackgroundmusic.com). Terms & conditions laid out in our general terms & conditions apply to subscribers as well as the following:
- Access to InstrumentalBGM’s catalogue is permitted only during the period that a customer is an active subscriber i.e. they are paying the monthly subscription fee. Any benefits of being a member cease upon a customer unsubscribing.
- InstrumentalBGM employs a fair use policy whereby a limit of 100 tracks can be downloaded per month to prevent abuse. This is to prevent customers subscribing for a month and then downloading the entire catalogue. If you envisage downloading more than 100 tracks a month, please contact us via our contact page and we will organise a separate arrangement for you.
- Customers may use the V.I.P. track finder service to help find tracks suitable for their projects. InstrumentalBGM’s fair use policy entitles customers to a maximum of 5 searches per month. Each search will include up to 2-3 tracks assuming we have something suitable in our catalogue.
- If you terminate your subscription, all music and licenses used in your project(s) during the subscription period will still be valid. However, projects created using music from InstrumentalBGM’s catalogue after you unsubscribe will only be covered for 2 months from the date of unsubscribing. This is to precent abuse of our subscription offer.
- Gumroad process our subscription payments and are responsible for any issues with charges, refunds and technical issues with payments. However, we will assist you with any issues you may have as part of our standard support service.
REFUNDS OF ONLINE PURCHASES
Only in special circumstances will purchases of audio or subscriptions from this website be refunded, such as:
- The audio does not match the product purchased
- There is a technical problem with the audio such as a clear glitch in the track (we will replace the audio with a corrected version in this case)
- You made a mistake with the purchase and have not downloaded the track yet
- Other situations will be judged on a case-by-case basis, however, please bear in mind that the composers of InstrumentalBGM are under no obligation to offer a refund unless the conditions above are met.
You grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute any content or information that you submit through our platform. This license enables us to provide our services to you and other users, and to improve and develop our platform. You represent and warrant that you have all necessary rights to grant this license.
All intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, and any other proprietary rights, relating to the Services or the Site are owned by or licensed to us. You may not use or reproduce any of our intellectual property without our prior written consent.
You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our Site, platform, Services and/or our content, your breach of these Terms and Conditions, or any third-party claim related to your use of our platform.
LIMITATION OF LIABILITY
We will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of our Site, platform or our content, whether or not we have been advised of the possibility of such damages. Our total liability to you in connection with the Services or purchases from our Site shall not exceed the amount paid by you to us, if any, during the six (6) months preceding the date of the claim giving rise to such liability.
GOVERNING LAW AND DISPUTE RESOLUTION
These terms and any disputes arising out of or related to these terms or our platform will be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or related to these terms or our platform shall be resolved through binding arbitration in accordance with the rules of the courts of England and Wales. The arbitration shall take place in the city of London (UK), and shall be conducted in the English language. Any award shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction.
These terms constitute the entire agreement between you and us regarding your use of our platform. If any provision of these terms is deemed invalid, void, or unenforceable, such provision will be severed from the remainder of these terms and will not affect the validity or enforceability of the remaining provisions. Our failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
THIRD-PARTY CONTENT AND LINKS
The Services may contain links to third-party websites or resources. We are not responsible for the content, products, or services provided by such third-party websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services provided by them. Your use of third-party websites or resources is at your own risk.
MODIFICATION OF TERMS AND CONDITIONS
We reserve the right to modify these Terms and Conditions at any time. Any such modifications shall be effective immediately upon posting on the Site. Your continued use of the Site and our Services after the posting of any modifications to these Terms and Conditions shall constitute your acceptance of such modifications.
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