(agreement only applies to "drum loops, hh loops, and perc loops" in '40' 'Everydae Drum Kit Vol. 1' and '!!*&^%$#@ DAE DAY DRUM KIT 1000 MILLION FUCKK' at this time)
All one-shots and textures are royalty free.
For any loops in these specified drum kits refer to our master clearance agreement (not royalty free).
Please email us at clearance.daedaepivot@gmail.com to get in touch about any master and publishing clearances.
Master Clearance Agreement:
Master clearance is guaranteed, subject to compliance with the terms of this Agreement and completion of the applicable clearance procedures where required.
By downloading, acquiring, using, receiving, copying, sharing, or otherwise incorporating the applicable sound recording(s) and/or sample(s), you acknowledge and agree to the following terms and conditions. If you have legally purchased the samples through the sample owner's (daedaePIVOT) official website or an authorized distributor, we grant you a non-exclusive, non-transferable, perpetual right to publicly perform, distribute, or transmit the sample(s) in combination with other sounds in music productions to create new recordings, each of which shall be considered a 'derivative work' as defined in the United States Copyright Act of 1976, as amended. This license permits you to modify, reproduce, and use the sample as incorporated in your recording(s) solely pursuant to the terms outlined herein.
If you have obtained the samples through unauthorized means (e.g., torrent sites, file-sharing, or other illegal methods), you are not granted any rights under this agreement, and any use of the samples constitutes copyright infringement under the United States Copyright Act of 1976, as amended, and applicable international copyright laws. Notwithstanding the foregoing, regardless of how the samples were obtained, any use of the samples in a commercial or non-commercial recording subjects you to the obligations and restrictions set forth in this Agreement, including but not limited to crediting the sample owner (daedaePIVOT) as a co-producer and providing financial compensation in the form of royalty splits, advances, and publishing and/or master ownership as outlined herein. Failure to comply with these terms may result in legal action, including but not limited to claims for copyright infringement, monetary damages, injunctive relief, and recovery of attorney’s fees.
(a) If a composition, beat, instrumental, or derivative work using the applicable sound recording(s) and/or sample(s) is placed with a major artist, a Major Record Label, a sync licensing company, or otherwise exploited in a commercial release or placement customarily requiring master and publishing clearances, you agree to split any advances, royalties, and/or publishing ownership in connection with the recording(s) with the sample owner (daedaePIVOT), and to credit the sample owner (daedaePIVOT) as a co-producer in connection with all commercial exploitations of the recording(s), including on the liner notes of any singles or albums (in any configuration), in applicable digital metadata, as well as any advertisements or promotional materials in connection with the recording(s), where producer credits are customarily included. If, at the time of creation, submission, pitching, or release, you reasonably anticipate that a recording embodying the applicable sound recording(s) and/or sample(s) may result in a placement or exploitation described in this subsection (a), you agree to contact the sample owner (daedaePIVOT) in advance to obtain clearance.
(b) If a composition, beat, instrumental, or derivative work using the applicable sound recording(s) and/or sample(s) is placed with an independent artist, independent label, used non-commercially, or used for recording(s) on your own personal projects which are distributed solely by you independently, (i.e. beat tapes or mixtapes via SoundCloud, SoundClick, BeatStars, Bandcamp etc.) feel free to use as you please without any additional obligation to the sample owner, provided that in the event that any recording(s) exceeds an aggregate of one hundred thousand (100,000) streams on Apple Music, Spotify, YouTube or any other streaming service in any given calendar month, or greater than an aggregate of five hundred thousand (500,000) streams on Apple Music, Spotify, YouTube or any other streaming service in total, you shall be required to immediately obtain formal clearance of the sample for use in the recording pursuant to the procedures outlined in this Agreement. Notwithstanding the foregoing, if you derive aggregate gross revenue exceeding Five Hundred Dollars (US $500) from any single composition, beat, instrumental, or derivative work embodying the applicable sound recording(s) and/or sample(s), you agree to promptly contact the sample owner (daedaePIVOT) and obtain formal clearance for continued use of the sample, including agreement on applicable financial compensation, royalty participation, and credit.
(c) As used herein:
(i) “Major Record Label” shall mean a record label or company: which is a parent or subsidiary of, and/or is affiliated with (i.e., shares common ownership with), one of the “major” distributors in the United States (which distributors are presently Sony, Universal and the Warner Music Group/WEA), which is a parent or subsidiary of, and/or is affiliated with, one of the so-called “indie” distributors which provide national distribution (which ‘indie’ distributors presently include, without limitation, entities owned by or affiliated with Sony Music Entertainment, Universal Music Group, Warner Music Group, or any successor, affiliate, or similarly situated national or global music distributor), and/or whose records are distributed by any such “major” or “indie” record label, company or distributor including without limitation, Company’s own record label.
(ii) “Qualifying Independent Label” shall mean any record label or company not included in the definition of Major Record Label as provided in paragraph (c)(i) above which has distributed any album and/or master which has exceeded an aggregate of One Hundred Thousand (100,000) streams on Apple Music, Spotify and YouTube in any given calendar month, or greater than an aggregate of Five Hundred Thousand (500,000) streams on Apple Music, Spotify and YouTube or any other streaming service, in total.
If section (a) applies to you or you’re unsure and have any questions at all, please email us at clearance.daedaepivot@gmail.com or https://daedaepivot.sellfy.store