ROYALTY FREE LICENSING AGREEMENT
Royalty Free License for Commercial Use
You can now purchase a royalty free license that enables you to use our binaural beats and isochronic tones in your own creations to sell to clients or the general public. Royalty free means you don’t have to pay any more money to the creators of the music. In effect, it is copyright free provided you have purchased the required license.
How to Buy a Royalty Free License
To purchase a royalty free license for any soundtrack click the title of the song you want to purchase and as soon as you pay and download the track the royalty free license is included. Please keep the email or Paypal receipt you receive as proof of your license.
Permitted Uses of Our Audio’s:
Spoken-word audio recordings
You can use the audio as a backing track to any kind of spoken-word recording. Some examples include, guided meditations, hypnosis, positive affirmations and instructional recordings. You may sell, stream or distribute an unlimited quantity of these recordings in digital formats and as CDs, in as many online or offline stores as you like.
YouTube, Tik Tok and other online videos
You can use the audio as a backing track in videos you create for online video hosting services such as Tik Tok, Vimeo, YouTube, and you are permitted to monetize your videos. However, you cannot use our audio to create “audio only” videos. Any video you create must include a voiceover or alternatively it must include original visual content of your own making that is informative and/or educational. In other words, the primary focus of your video should be the content you create, not the audio itself.
DVD, TV, film and multimedia productions
You can use the audio in the background of films, multimedia projects, TV programs, DVD productions, corporate presentations and audio-visual tutorials. You may sell, stream or distribute an unlimited quantity of these videos in digital formats and as DVDs, in as many online or offline stores as you like.
Public broadcast
You can play the audio at a commercial venue. For example, day spas, hotels, restaurants, conferences, on-hold music. You can also play our music during consultations with clients or patients. For example, meditation or yoga classes, hypnotherapy, physical therapy and medical procedures.
Personalized recordings
You can use the audio repeatedly as a backing track in spoken word recordings that you create on a case by case basis for your clients or patients. Hypnotherapists commonly use the audios in this way. Please note that recordings such as these cannot be duplicated, distributed or sold by your clients. Only you, the licensee, have the right to create and sell recordings that incorporate the audio.
Prohibited Uses of Our Audio’s:
Distributing the audio by itself
You cannot sell, stream or distribute the audio as an ‘audio only’ product. This means that you cannot sell CDs or digital downloads of the audio, nor can you stream the audio online or via software applications. You cannot use the audio to create music videos or embed the audio in a media player.
Subliminal recordings
You cannot use the audio to create subliminal recordings in which your voice is inaudible. Your voice may be quiet, but it must be audible (otherwise you are effectively creating a ‘music only’ product).
Software applications
You may not use the audio in the background of a software app for any device.
Creating derivative works
You cannot alter the audio and then claim that the audio is yours. For example, you cannot add additional brainwave entrainment frequencies or nature sounds to the audio and then sell or distribute the music as your own product.
Using the title of the audio as the title of your production
You cannot use the title of the audio as the title of any media production that incorporates the audio. For example, if you used the 432Hz music audio “Diamante HaloStar” to create a guided meditation recording, you could not give your recording the title “Diamante HaloStar”.
How To Provide a Credit to The Composer of The Music and Audio’s
All of the audios at Musical Hypnosis are created by Marialby and you must credit her. A credit is proper etiquette and it is also a nice gesture that will also help to save you from copyright claims.
Here are some examples of how to publish a credit:
CD / DVD Credit
Simply publish a written credit on the CD/DVD insert and/or on the back cover.
a. (Title of Music) by Marialby. Licensed by Musical Hypnosis.
If multiple tracks have been used:
b. Music by Marialby. Licensed by Musical Hypnosis.
MP3 / Digital Download Credit
Simply add a credit to the meta tag for the composer: Musical Hypnosis.
YouTube Video Credit
If you use the music in a YouTube video, you must add a credit in the video description that lists the names of the audios you used and a link to the Musical Hypnosis website.
For example:
a. (Title of Music) by Marialby. https://blog.musicalhypnosis.com | Licensed by Musical Hypnosis
Film / TV Production Credit
(Title of Music) by Marialby. Licensed by Musical Hypnosis
Distributing, Selling and Monetizing Your Products
If you create any products that incorporate audios from Musical Hypnosis (for example, CDs, digital downloads or videos), you may distribute an unlimited number of copies of those products at any price you choose. You can sell your products in as many formats as you like, anywhere in the world. You may also generate advertising revenue on videos that you create with our music (YouTube videos for example).
In other words, once you have created a product with an audio from Musical Hypnosis you are free to earn an unlimited amount of money from it for the rest of time, without paying another cent.
Editing the Music
You can edit the audio if necessary, by looping it, cutting it, applying fade ins, fade outs and transitions from one track to another.
Modifying the Music
You may accentuate the audio by adding non-musical sounds such as (a) nature sounds, (b) foley (c) additional brainwave entrainment frequencies (such as binaural beats or isochronic tones), or (d) musical instrumentation.
Partially Naked Music
You may create spoken word recordings with the audio and leave the audio “naked” (without an accompanying voiceover) for up to two thirds of the total duration of each audio track. In other words, only one third of your recording must include speech.
For example, you can create a 30 minute hypnosis recording in which you speak for the first 10 minutes and then allow the meditation music to play by itself for the remaining 20 minutes. However, you must ensure that your finished recording is one continuous 30 minute track (not two separate tracks; one 10 minute meditation and then a separate 20 minute music-only track).
Transporting the Music
If you need to send the audio to another person, you are free to do so via any means at your disposal. For example, you may burn a CD or DVD, you may transfer the audio to a portable storage device such as a USB flash drive, and you may transfer the music via online file transfer services. Please take care: you may only send the audio to persons who are directly involved in the development of your products or projects. Please take all reasonable measures to prevent unauthorized copying and distribution of the audio.
License Fees
Once your initial payment is received you will not have to pay any ongoing fees of any type. Our music and audio’s are 100% royalty free, which means that they are not registered with any performing rights organizations of any kind.
Duration of License
This license has no expiry date. Provided that your payment is received in full and excepting any instance in which you breach the terms of this license agreement, you can continue to use the audio indefinitely.
Grant of License
This audio license is granted to one person, or to one business entity. If the purchaser is purchasing the audio on behalf of a third party (the nominated licensee), the purchaser hereby represents and warrants that: (i) the purchaser is authorized to act as an agent on behalf of the licensee and has full power and authority to bind the licensee to this agreement; and (ii) if the licensee subsequently disputes such power or authority, the purchaser shall be bound and liable for any failure of the licensee to comply with the terms of this audio license.
Intellectual Property and Copyright
MusicalHypnosis.com is owned and operated by Diamante HaloStar Productions (the licensor), a private corporation wholly owned by Marialby. Any audio downloaded by you from this website is licensed to you by Diamante HaloStar Productions and its copyright is protected by United States copyright law and international treaty provisions. Except for your limited right to use the music, Diamante HaloStar Productions shall have and shall retain the entire right, title and interest in and to all intellectual property rights arising from or relating to the audio and all copies thereof. No ownership or copyright in any sounds or music shall pass to you by the issuance of this license. You cannot use our trademarks, logos, album artwork, music samples or images without prior written consent.
Warranty and Limitation of Liability
Diamante HaloStar Productions warrants that: (i) the audio will be free from defects (your sole and exclusive remedy for a breach of this warranty being the replacement of the music); (ii) it has the necessary rights and authority to grant you the rights outlined in this license; and (iii) your use of the audio in accordance with the terms outlined in this license, excluding any modifications made by you, will not infringe on any copyright, moral right, trademark or other intellectual property rights. Diamante HaloStar Productions does not make any other warranties, express or implied, regarding the audio or its delivery systems, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Diamante HaloStar Productions shall not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of your use of the audio, even if Diamante HaloStar Productions has been advised of the possibility of such damages, costs or losses. Nor shall Diamante HaloStar Productions be liable for any damages, costs or losses arising as a result of modifications made to the audio by you or the context in which the music is used in your work. Diamante HaloStar Production's liability shall in no event exceed the actual price paid for the music license.
Indemnification
You shall indemnify, defend and hold the licensor harmless from any and all claims, losses, costs, damages and expenses resulting from or arising out of: (a) your breach of this agreement; (b) your unauthorized use of the audio; (c) your activities after the licensor has notified you that such activities may result in the infringement of the intellectual property rights of any third party; or (d) any claim that the audio or the use thereof infringes upon, misappropriates or violates any patents, copyrights, trademarks, trade secret rights or other proprietary rights of a third party.
Unauthorized Use and Termination
Any use of the audio in a manner not expressly authorized by these license terms (including, without limitation, use of the audio by more than one (1) user without the purchase of additional licenses) constitutes copyright infringement, entitling Diamante HaloStar Productions to exercise all rights and remedies available to it under copyright laws throughout the world. Diamante HaloStar Productions shall have the right to terminate your right to use the audio immediately upon your breach of these license terms. Upon termination, you shall cease using the audio and shall delete or destroy all copies of the audio. Termination of your rights shall not limit Diamante HaloStar Productions from pursuing any other remedies available to it, including, but not limited to, injunctive relief, nor shall termination relieve you of your obligations to pay Diamante HaloStar Productions any applicable license fees. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
Privacy
We take our customers’ privacy seriously. At no time will your personal details or e-mail address be passed onto any other company. We do not see, nor do we retain any financial data such as credit card numbers. These are gathered and processed securely by our e-commerce partner PayPal.
Refund Policy
Our guided hypnosis meditations, musical affirmations, binaural beats, isochronic tones and royalty free music audio’s are non refundable, once you have downloaded them you have purchased the royalty free rights and the purchase is final. It is not possible for us to refund or exchange any product that has already been downloaded, as is the case with most online shops that sell downloadable products.
