Terms and Conditions & Right of Recall

 

Exhibit A: „License Overview“

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.

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.

 


License group: SINGLE INDIE PROJECT (S)

 

APPS & GAMES:

  • Done by an Individual (not for or through a company).
  • Development Budget up to 5.000€, no platform limitation

VIDEOS, STREAMS & PODCASTS:

  • Media: Online, regional broadcast, shows & events. Including online monetization
  • Usage: Only your personal project, no third party production.

TYPE: anything except paid media advertising.

 


License group: MEDIUM INDIE PROJECT (M)

 

APPS & GAMES:

  • Development Budget up to 50.000€, no platform limitation

VIDEOS, STREAMS & PODCASTS

  • Media: Online, regional broadcast, shows & events. Including online monetization
  • Usage: for your projects and for any third party project

TYPE: anything except paid media advertising.

 


Licence group: LARGE INDIE PROJECT (L)

 

APPS & GAMES:

  • Development Budget up to 100.000€, no platform limitation

VIDEOS, STREAMS & PODCASTS

  • Media: Online, regional broadcast, shows & events. Including online monetization + national broadcast (TV, radio, national IPTV & OTT)
  • Usage: for your projects and for any third party project

TYPE: anything including online paid media advertising for your game.

 


Licence group: HUGE INDIE PROJECT (XL)

 

APPS & GAMES:

  • Development Budget up to 250.000€, no platform limitation

VIDEOS, STREAMS & PODCASTS

  • Media: Online, regional broadcast, shows & events. Including online monetization + national broadcast (TV, radio, national IPTV & OTT) + international broadcast (TV, radio, national IPTV & OTT)
  • Usage: for your projects and for any third party project

TYPE: anything including online paid media advertising for your game.

OTHER: Please contact us to find the best solution for your budget

 


 

Parties & Rights:

Dynamedion – Langer & Sillescu GbR., Kästrich 6, 55116 Mainz, Germany, 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 use the asset without having purchased a valid license.

The asset is 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 INDIESS” and no other cost will apply. 

 

Important advice:

“WE LOVE INDIES” does not assume any liability regarding demands of collecting societies outside of Germany. The assets are royalty-free, meaning there will not be any charges from the German collecting society GEMA concerning performances or other uses of the works. However “WE LOVE INDIES” does not know whether other national collecting societies can make demands. If required the licensee should clarify the legal circumstances of the respective collecting society prior to the actual use of the works.

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:

  1. Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.),
  2. 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.
  3. Usage as pre-installed sounds in any physical / hardware device or toy, online or offline
  4. 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!

 

  1. 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)
  2. Use additional musical elements (can be non-tonal, percussive only), like cymbal sweeps, whooshes, etc. 
  3. 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 is enough for this.

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

 

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 Mainz.

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

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