Terms and Conditions of Use ("TCU) & Right of Recall (28.02.2024)

Parties & Rights:

Andreas Hammann, Dolgenseestraße 9B, 10319 Berlin, using the label name “WE LOVE INDIES” offers the possibility to license either individual or several musical works, musical recordings as well as sound works (hereinafter all together referred to as “the assets”) through the internet site www.weloveindies.com (hereinafter referred to as “online shops”). The customers of “WE LOVE INDIES" are any parties, companies or individuals who want to purchase such asset licenses for usage in any type of media production (hereinafter referred to as: “the customer”).

The copyright of the assets offered by “WE LOVE INDIES” are protected by the copyright law of the Federal Republic of Germany. The customer can purchase various non-exclusive asset licenses through the online shop. Such licenses include all project based rights of usage according to the terms of the chosen license. By purchasing such a license the customer does not gain ownership on the asset. The license and the according rights of usage are only valid after full payment has been remitted by the customer. The customer is not allowed to publish the asset without having purchased a valid license via the checkout. Using unlicensed assets (such as from the 1-click-download) for any purpose except internal testing is strictly forbidden.

The assets are free from third-party claims or rights (e.g. collection or performance rights societies, musicians, composers, sound designers and producers). The customer only has to purchase the license at “WE LOVE INDIES” and no other cost will apply.

The CUSTOMER is not allowed to grant sub-licenses to any third party other than related to the project the usage has originally been reported for. The CUSTOMER needs to specify each project that uses CONTENT and what CONTENT has been used, with a project name and the project owner (e.g. the client of the CUSTOMER, for whom the CUSTOMER is producing any media content). The CUSTOMER is not allowed to share the WEBSITE account with any third-party.

The CONTENT may only be used by the CUSTOMER for a project within the framework of the MEDIA LICENSES as listed on the WEBSITE. Any usages that is outside of the given framework of MEDIA LICENSES stated on the WEBSITE require an additional license that will be offered individually to CUSTOMER upon CUSTOMERS request by "WE LOVE INDIES".

The SERVICE may contain links to third-party websites that are not endorsed, owned or controlled by "WE LOVE INDIES". "WE LOVE INDIES" does not monitor or review the content of any third-party websites. "WE LOVE INDIES" has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, "WE LOVE INDIES" will not and cannot censor or edit the content of any third-party website. By using the SERVICE, CUSTOMER expressly releases "WE LOVE INDIES" from any and all liability arising from CUSTOMERS use of any third-party website.

Acceptance of the TCU:

These TCU, which include and incorporate by reference the Privacy Policy and the CONTENT License Agreements and all other operating rules, policies and agreements of "WE LOVE INDIES", including future agreements (“Additional Terms”), govern the usage of "WE LOVE INDIES" services by CUSTOMER as a guest or user.

The TCU form a legal agreement between CUSTOMER and "WE LOVE INDIES" in relation to CUSTOMERS USE of the WEBSITE. By using the WEBSITE or by clicking to accept or agree to the TCU when this option is made available to CUSTOMER, CUSTOMER accepts and agrees to the TCU.

"WE LOVE INDIES" provides the WEBSITE as well as the copyrighted CONTENT the MEDIA LICENSE and the SOFTWARE SERVICE all of which are subject to CUSTOMERS compliance with the TCU as well as Additional Terms (altogether “TERMS”) between CUSTOMER and "WE LOVE INDIES"

"WE LOVE INDIES" reserves the right to change these TERMS from time to time with or without noticing the CUSTOMER. The CUSTOMER acknowledges and agrees to take the responsibility to periodically review the WEBSITE and these TERMS. The continued use of the WEBSITE by CUSTOMER does constitute acknowledgment and acceptance of any modified TERMS.

By using this WEBSITE, accessing the CONTENT and using the SOFTWARE SERVICE, the CUSTOMER agrees to be bound by the TERMS. If the CUSTOMER does not wish to be bound the TERMS, the CUSTOMER must exit the WEBSITE and cease using the CONTENT and / or the SOFTWARE SERVICE.

Exhibit A: „License Overview“

The use of our free education vouchers exclude any kind of commercial use and monetization.

Other types of use such as TV productions, in-store radio, radio streams, public viewing, school and university rates, etc. on request.

BUYOUT LICENSES:

For our Buyout Licenses, the musical works as well as the sound works may be used unlimited times within the license conditions.

License group: BUYOUT LICENSES (S, L)

Use in any media: Game, Video, Radio Podcast...

Development Budget up to 250.000€ (S), 1.000.000€ (L)
Publish projects anywhere online
Unlimited online monetization

Youtube-, TikTok-, Facebook-, Instagram-, Twitch- Videos
Paid Media Advertising

BUYOUT LICENSE:

Use for as many projects as you like
Not transferable to third parties

SUBSCRIPTION LICENSES:

For our subscription licenses, the musical works as well as the sound works may only be used by the licensee for one project only (see the following definitions) within one of the following licence groups, which the licensee selects when ordering.

License group: FREE & DEMO LICENSE (F)

Use in any media: Game, Video, Radio Podcast...

Private or public betas, pitches or demos*
Non-commercial releases without budget. (Please include our intro)

PROJECT BASED LICENSE:

Tied to the project and the licensee. Not transferable.
Asset Limit per project: 100 Sounds, 10 music tracks. Contact us for full access.

Licence group: EDUCATIONAL LICENSE (E)

Use in any media: Game, Video, Radio Podcast...

Development Budget up to 10.000€
Publish projects anywhere online
Unlimited online monetization

Youtube-, TikTok-, Facebook-, Instagram-, Twitch- Videos

PROJECT LICENSE:

Tied to the project selected at checkout.
Assets will stay licensed to the project forever.
Not transferable to third parties

Licence group: SUBSCRIPTION LICENSE SOLO & STUDIO (P)

Use in any media: Game, Video, Radio Podcast...

Development Budget depending on Subscription
Publish projects anywhere online
Unlimited online monetization

Youtube-, TikTok-, Facebook-, Instagram-, Twitch- Videos

PROJECT LICENSE:

Tied to the project selected at checkout.
Assets will stay licensed to the project forever.
Not transferable to third parties

Important advice:

Our sound and music is free of any royalties claims by collecting societies such as GEMA, SACEM, PRS, BMI, etc. You get a direct license from us, there is NO additional mechanical of performance license cost.

The customer is not allowed to grant sub-licenses to any third party other than related to the project the license has originally been purchased for. The customer needs to specify the project for which the license has been obtained with a project name and the project owner (e.g. the client of the customer, for whom the customer is producing any media content).

The assets may only be used by the customer for a project within the framework of one of the license groups as listed in Exhibit A. Any usage that is outside of the given framework of licenses stated in Exhibit A requires the previous written consent of “WE LOVE INDIES”.

Grant of License::

In consideration of the license fee (“LICENSE FEE”) you paid (and for our FREE TEST & EDU LICENSES), "WE LOVE INDIES" grants a “MEDIA LICENSE” to you and your assigns (subject to the transfer limitations herein). The MEDIA LICENSE for this product is granted the LICENSE OWNER as specified by CUSTOMER during the purchase process. The MEDIA LICENSE is granted on a “per project” basis, according to the PROJECT you name during checkout.

All CONTENT provided hereunder is licensed, but not sold, to you by "WE LOVE INDIES". for commercial, educational, and non-commercial use in any means and media now known or hereafter devised (e.g., videogame, radio, film and TV productions, audio/video post-production, interactive media, broadcast, online media, multimedia, or similar productions, including physical and digital distribution of such productions and any promotion or advertising related thereto) as the one PROJECT that you name during checkout (altogether: “PROJECT”).

The TERM of the MEDIA LICENSE is perpetual in relation to the PROJECT.

This AGREEMENT includes the worldwide, royalty-free, non-exclusive right to combine or sync the CONTENT into your PROJECT without (i) paying any additional license fees to "WE LOVE INDIES" or any third party other than the License Fee set forth herein; (ii) obtaining additional clearances or permissions; or (iii) providing source attribution to "WE LOVE INDIES" or any third party. The MEDIA LICENSE includes mechanical, synchronization, public performance and broadcast rights.

The MEDIA LICENSE grants the worldwide right to you to use, re-record, duplicate, incorporate, modify, adapt, embed, and exploit all or a portion of the CONTENT without further payment to "WE LOVE INDIES" or any third party (royalty free) in your PROJECT for the TERM of this AGREEMENT. The CONTENT may be reproduced by you provided that the PROJECT contains an additional audio element that is not sound effects only (i.e. voice, music). Examples of allowed uses are, without limitation, inclusion in video games and mobile applications, radio and TV streaming & broadcast, film soundtrack, PowerPoint presentations, websites, advertising, multi-media presentations, and other similar products.

License Purchase:

Payments for the purchase of the MEDIA LICENSE are defined as the “LICENSE FEE” in this agreement. Any rights to the CONTENT as stated in the MEDIA LICENSE are only transferred to you after the full LICENSE FEE has been paid by you and received by us. Without invoice of the payment of the LICENSE FEE, you do not own a valid MEDIA LICENSE.

Limitations:

This MEDIA LICENSE expressly forbids any unauthorized inclusion of the CONTENT or new audio content derived from or based on the CONTENT or new audio content resulting from mixing the CONTENT with other audio content in whole or in part in:

Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.),
In any product that is primarily a sound product. Primarily, for the purposes of this agreement, is defined as containing pure sound effects using CONTENT (without voice, music) for at least 50% of the total elapsed time of the product. Examples of restricted products would be soundscape albums, sound effect collages on YouTube, ambient sound videos without narration.
Usage as pre-installed sounds in any physical / hardware device or toy, online or offline
Usage of the CONTENT to develop or train neural networks, AI systems or machine learning systems.

If in doubt inquire or in case you want to include our CONTENT in any such way mentioned in the LIMITATIONS, please contact us!

If you create your own sound effect stems for musical purposes (e.g. trailer production music stems) using "WE LOVE INDIES" sounds, please make sure to not use "WE LOVE INDIES" sounds “in the clear”, meaning unmixed with other elements. To achieve that, please make sure to: Use multiple sound sources (not only "WE LOVE INDIES"), like some original element (e.g. a synth rise)
Use additional musical elements (can be non-tonal, percussive only), like cymbal sweeps, whooshes, etc.
Mix "WE LOVE INDIES" sounds with these other sound sources in the stem mix, so that no "WE LOVE INDIES" sounds is “naked” in that stem mix.

The MEDIA LICENSE also forbids any re-distribution method of the CONTENT, through any means, including but not limited to, re-selling, trading, sharing, resampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device.

Refunds:

The customer can cancel any license within 14 days of the purchase. A simple written notice to the “WE LOVE INDIES” team via info@weloveindies.com or per letter to "Andreas Hammann, Dolgenseestraße 9B, 10319 Berlin" is enough for this. The payed money will be refunded within 7 business days.

With the cancellation of a purchase the customer loses the rights of usage associated with the cancelled license.

Termination of Use:

CUSTOMER agrees that “WE LOVE INDIES” can at its sole discretion, terminate or suspend CUSTOMERS access to all or parts of the WEBSITE, the CONTENT and the SOFTWARE SERVICE with or without notice and for any reason, including, without limitation, breach of these TERMS. Any suspected fraudulent, abusive or illegal activity may be a valid reason for barring CUSTOMER access.
Upon termination and regardless of the reason(s) motivating such termination, CUSTOMERS right to use the CONTENT for future productions will immediately cease. Smartsound Cloud will not be liable to CUSTOMER or any third-party for any claims for damages arising out of any termination or suspension or any other actions taken by Smartsound Cloud in connection therewith.

Limitation of Liability:

Except as otherwise provided herein, the CUSTOMER hereby expressly releases “WE LOVE INDIES” for any loss or liability incurred by the CONTENT, the WEBSITE or the SOFTWARE SERVICE fully allowable by law, including loss business profits resulting directly or indirectly from the performance of any “WE LOVE INDIES” product. “WE LOVE INDIES”’s liability is limited solely to replacement of the CONTENT after contacting “WE LOVE INDIES”
In the event that applicable law does not allow the limitation or exclusion of liability or damages, CUSTOMER agrees that in no event shall the total liability of “WE LOVE INDIES” to CUSTOMER for all damages, losses and causes of action of any kind exceed one hundred dollars ($100.00).

If your jurisdictions prohibits the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you, please consult the laws in your jurisdiction.

Indemnification: CUSTOMER agrees to defend, indemnify, and hold “WE LOVE INDIES” and their Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from CUSTOMER’s use or misuse of this Site or any Offering, CUSTOMER’s breach or violation of these Terms, and CUSTOMER’s violation of any third-party rights, including, without limitation, copyright. “WE LOVE INDIES” reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by COSTUMER, in which event CUSTOMER will cooperate with “WE LOVE INDIES” in asserting any available defenses. COSTUMER may not settle or compromise any claim subject to this indemnification section without our prior written consent.

Assigment:
The TCU, and any rights and licenses granted hereunder, may not be transferred or assigned by CUSTOMER, but may be transferred or assigned by “WE LOVE INDIES” without restriction. Nothing in the TCU shall be deemed to confer any third-party rights or benefits.

Force Majeure:

In addition to any excuse provided by applicable law, “WE LOVE INDIES” shall be excused from liability for non-delivery or delay in delivery of CONTENT, SOFTWARE SERVICE or WEBSITE arising from any event, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond “WE LOVE INDIES” control, whether or not similar to those which are enumerated above.

Savings Clause. If any part of these TERMS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver. Any failure by “WE LOVE INDIES” to enforce or exercise any provision of these TERMS or related rights shall not constitute a waiver of that right or provision.

Entire Agreement. These TERMS (including the MEDIA LICENSES on the WEBSITE) constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with the WEBSITE is in conflict or inconsistent with these TERMS, these TERMS shall take precedence.

Conficentiality:

CUSTOMER may transfer CONTENT to local hard drives and servers as required to be able to edit CONTENT to any media file of CUSTOMER. It is the obligation of the CUSTOMER to limit access to CONTENT and SOFTWARE SERVICE only to CUSTOMER and CUSTOMERS ELIGIBLE USERS as defined in the MEDIA LICENSE.
Should the CUSTOMER have reasonable cause to suspect that this AGREEMENT is being breached by any third party or CUSTOMERS ELIGIBLE USERS gaining unsolicited access to CUSTOMERS WEBSITE and / or SOFTWARE SERVICE account, it is the obligation of the CUSTOMER to investigate, and if necessary, enforce the terms of this AGREEMENT. Enforce, as used in this AGREEMENT, means to change passwords on CUSTOMERS account for the WEBSITE and the SOFTWARE SERVICE and report this breach to “WE LOVE INDIES” within ten business days of discovery.

Youtube License:

If the MEDIA LICENSE purchased by CUSTOMER also covers YouTube as a publishing platform, the CUSTOMER needs to consider the current special situation concerning music usage of copyrighted music content for YouTube: YouTube’s YouTube Content ID provides a music recognition feature that checks every production uploaded to the YouTube platform for its musical content. Due to the way in which Stock Music is used (non-exclusive exploitation), this may also affect the CONTENT of “WE LOVE INDIES”. Third parties may be able to recognize the use of CONTENT in CUSTOMERS projects via the YouTube Content ID system. It can be either original rights owners (like composers), sub-publishers or third-party service providers working for any music rights owners by offering the service to manage YouTube Content ID. These so-called music aggregators (such as AdRev, Tunecore, Audiam, HAAWK, etc.) can recognize the use of the CONTENT in the PRODUCTIONS and display them as copyrighted musical works. If this happens, the party who uploads the PRODUCTION to the YouTube platform (e.g.: CUSTOMER, or CUSTOMER’s clients) automatically receives a corresponding message that a copyrighted music work is used in the PRODUCTION and that the music rights holder may be entitled to the advertising revenue of the PRODUCTION on YouTube. This claim is not valid since the CUSTOMER has licensed the CONTENT correctly via “WE LOVE INDIES”. Accordingly, the CUSTOMER can simply contradict this claim on the YouTube platform, by stating that the disputed CONTENT has been correctly licensed via Smartsound Cloud.

Final Provisions:

This agreement shall be exclusively subject to the laws of the Federal Republic of Germany. The place of jurisdiction for any disputes shall be Berlin.

Should any provision of this agreement be or become void or not executable, the effectiveness of the remaining agreement shall not be affected thereby. Such void or not executable provision shall be replaced by a provision which best resembles the economic purpose of the original provision.

The pictures for the filter categories are made by Michaela Haider: https://lianiobe.com/

All background pictures are from: https://pixabay.com/

The videos from the landing page come from The Lion's Song: Mi'pu'mi Games: www.lionssonggame.com