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”.

 

Scope of Rights of Usage:

Subject to the license terms given in Exhibit A, the concession of rights of usage also comprises the right to convert the musical works and sound works technically into the required format according to the particular technical requirement of a project, to store and to compress it, an/or to unpack it. Furthermore, it is allowed – taking into account the personal rights of the artist and creator – to shorten the musical works and sound works.

No other editing or changes to the musical works and sound works are allowed. This includes, but is not limited to remixes, samples, cover versions, changes to the content of the works, modifications and adaptations. In all other cases, the copyright and ancillary copyright to the musical works and sound works also with permitted adaptations and modifications remain with the relevant copyright holder. Therefore, modified musical works and sound works may not be distributed or sold by the customer under his own name.

In addition, the musical works and sound works may not be used, circulated or made available as music or sound archives or music or sound data banks. It is also prohibited to offer the musical works and sound works to third persons through exchange markets or electronic peer-to-peer file sharing networks as downloads or to make it available in any other form.

The customer is not permitted to reproduce musical works, sound works or parts thereof for the purposes of resale as a stand-alone product or relicensing; either in their original form or as an adaptation thereof.

Furthermore, usage that contravenes the laws of the Federal republic of Germany, the European Union, or is harmful to the public order or to public morality is not allowed. This applies especially for uses which are racist or which are in violation of the constitution.

In the case of violation of the above licensing conditions, “WE LOVE INDIES” reserves the right to initiate proceedings under civil and criminal law.

 

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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