On behalf of Drum Stacks™ / Shawn J. Period® Music Brands Inc.
In exchange for your payment of the license fee (“License Fee”) associated with the applicable sound and/or sample provided via this website (each, a “Sample”), we grant you a non-exclusive, non-transferable, perpetual right to use the Sample in combination with other sounds in music productions to create new recordings (“Recording(s)”), which shall be considered “derivative works” as that term is used in the United States Copyright Act. This license permits you to modify, reproduce, publicly perform, distribute, transmit, sublicense and otherwise use the Sample as incorporated in your Recording, including for commercial purposes, subject to the following restrictions:
1) You may not use or sublicense the Sample in isolation as sound effects, loops, or as source material for any other form of sample (even if you modify the Sample)
2) You may not use or sublicense Samples in a manner competitive to us or redistribute Samples in new sample packs
3) You may not sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer any Sample to a third party except as incorporated into a Recording
4) You may not use the name, image, or likeness of the artist or producer associated with a Sample in any way without that artist’s or producer’s express written permission
Furthermore, with respect to commercial usage of Recordings containing Samples, the following shall apply:
1) Royalty-Free: Samples labeled Drum Stacks and Drum Stacks Contest. (Example: ds0001 Buff Kick, ds0002 Snare Tube, dsc003 Hi-Hat Feast, dsc004 Ride Cowboy etc.) You may use the Sample for Recordings to be distributed or released via a Major Label or Large Indie Label, or any Minor Release at no additional cost outside of the License Fee (including, for the avoidance of doubt, without providing us with publishing splits).
2) Minor Releases: Samples labeled Drum Stacks+ and Drum Stacks Contest+. (Example: ds+0001 Dim Piano Loop, ds+0002 Tape Vibes, dsc+003 Night Rhodes, dsc+004 Grit Piano etc.) You may use the Sample for Recordings on your own personal projects, independent releases, beat tapes, and mix tapes that are not distributed or released via a “Major Label” (i.e., SonyBMG, UMG, WEA, or their subsidiaries) or “Large Indie Label” (i.e., Alamo, Empire, 300, E1 or comparable label) (each such release, a “Minor Release”) at no additional cost outside of the License Fee (including, for the avoidance of doubt, without providing us with publishing splits), provided that any Minor Release that exceeds one million streams on Apple Music, Spotify or YouTube shall be considered a Major Release for purposes of this license and shall be subject to the below terms for Major Releases.
3) Major Releases: Samples labeled Drum Stacks+ and Drum Stacks Contest+. (Example: ds+0001 Dim Piano Loop, ds+0002 Tape Vibes, dsc+003 Night Rhodes, dsc+004 Grit Piano etc.) For Recordings to be distributed or released via a Major Label or Large Indie Label, or any Minor Release that exceeds one million streams on Apple Music, Spotify or YouTube (each such release, a “Major Release”), you shall be required to:
(a) Contact us promptly to seek clearance for use of the Sample on a Major Release;
(b) Provide for a 10% to 50% split, depending upon Sample usage, of any Advances, Producer Royalty and Publishing, including for the avoidance of doubt, in relation to any so-called ‘synch licenses’; and
(c) Provide [us/the creator of the applicable Sample] with Co-Producer credit on the liner notes of any singles or albums (in any configuration), in advertisements, and wherever metadata permits when the split is 30% or greater.
Copying, re-selling, leasing, duplicating or distribution in any form of the products for sale, other than outlined in the ‘Master Clearance Agreement’, is strictly prohibited. This extends, but is not limited, to file sharing websites, web forums, computer networks and file hosting websites. Products cannot be distributed in their original format or sold in a manner that would be considered competitive with the nature of business of Drum Stacks™ / Shawn J. Period® Music Brands Inc. Everything else on the website is the property of Drum Stacks™ / Shawn J. Period® Music Brands Inc., including artwork, source code, materials, audio demos, graphics, text and logos and are protected by copyright and intellectual property laws. Third parties such as Google, Soundcloud, SendOwl, PayPal, Quaderno and others are the respective owners of their intellectual property.
From a SOUND DESIGN standpoint, Drum Stacks™ / Shawn J. Period® Music Brands Inc. focuses on experimenting with different sound sources, tones and textures to create unique sounds for use in music production. These sounds are combined into a single ALL Drum Stacks™ SOUNDS (PAY ONE-TIME $39.99+tax Sound Design Bundle), with 100 or more additional sounds made available monthly (until further notice) for purchasers to access at no extra cost. Drum Stacks™ / Shawn J. Period® Music Brands Inc. makes no guarantee of the total number of sounds that will be made available in the single ALL Drum Stacks™ SOUNDS (PAY ONE-TIME $39.99+tax Sound Design Bundle), but at it’s own discretion will notify purchasers by email and/or social media of the completion of additional sounds.
Payment is taken on behalf of Drum Stacks™ / Shawn J. Period® Music Brands Inc. by PayPal. After payment you will be taken to a page of your account, where you can download your product(s), which is digitally distributed by SendOwl. Products purchased from Drum Stacks™ / Shawn J. Period® Music Brands Inc. are non-refundable once you have opted in to buy the product(s). If you experience any problems, please get in contact with us at support@drumstacks.com
From an ADVICE perspective, Drum Stacks™ / Shawn J. Period® Music Brands Inc. and any affiliated companies or people offer sound design, music production and music business advice to Beat Producers, Music Engineers and Electronic Musicians. This is often through, but not limited to judging Producer Beat Contests / Battles, individual / group discussions, music listening sessions and written / verbally spoken commentary via social media, other digital platforms and live events / personal interactions.
Drum Stacks™ / Shawn J. Period® Music Brands Inc. and any affiliated companies or people do not guarantee the accuracy of advice given in writing / verbally spoken commentary to an individual / group of individuals via social media, other digital platforms and live events / personal interactions. Drum Stacks™ / Shawn J. Period® Music Brands Inc. and any affiliated companies or people will not be held liable for the application of given advice and is to be verified by the recipient(s) of said advice for its validity.
You do not have to be registered with Drum Stacks™ (drumstacks.com) to view the website, but to purchase products you must provide certain information, including a user name, password and valid email address. SendOwl (Digital Content Distribution) will retain this information and provide Drum Stacks™ / Shawn J. Period® Music Brands Inc. with only relevant information about your purchase. PayPal (Payment Gateway) and Quaderno (Tax Compliance) will retain financial and user information and provide Drum Stacks™ / Shawn J. Period® Music Brands Inc. with only relevant information about your purchase. This information will be used by Drum Stacks™ / Shawn J. Period® Music Brands Inc. as outlined in the ‘Privacy Policy.’
The security of your personal information is important to us. We take a number of organizational, technical and physical measures designed to protect the personal information we collect, both during transmission and once we receive it. However, no security safeguards are 100% secure and we cannot guarantee the security of your information.
Drum Stacks™ / Shawn J. Period® Music Brands Inc. will be held harmless against any losses, judgements, claims, legal fees or court costs that may arise out of a breach of these terms and conditions. By entering this agreement you agree not to sue or recover any damages from Drum Stacks™ / Shawn J. Period® Music Brands Inc. and any affiliated companies or people as a result of its decision to terminate or suspend this agreement.
While Drum Stacks™ / Shawn J. Period® Music Brands Inc. will take reasonable and sufficient steps to ensure that the website is free from any viruses, trojans, malware, spyware, harmful software, data theft or any unauthorized malicious activity, Drum Stacks™ / Shawn J. Period® Music Brands Inc. make no guarantees on this subject and will not be held liable for any loss resulting from this.