Lux Keyz Usage Rights
This agreement is made between LuxKeyz.com (LK) and ALL PURCHASERS of any of our products (Buyer). One becomes a BUYER by purchasing any of our sample packs, and agreeing to our terms & conditions on our checkout page. For the avoidance of doubt, proof of purchase shall lie firstly in your bank statements, and secondly in our active customer-database.
- Sample Packs
“Sample packs” consist of each individual product (compilation) that is released on LK’s website: http://www.luxkeyz.com/shop. All sample packs are created by LK.
Creations are all musical compositions made by BUYER with the use of sample packs, including but not limited to “songs, beats, instrumentals, lyrical performances”.
BUYER is granted a non-exclusive license to use all sample packs (and elements within) which he/she has purchased. LK retains 100% copyright ownership of loops. BUYER understands that there are other customers who have access to the same sample packs, as well as usage rights equal to those noted in this agreement. Further, BUYER understands that someone else may achieve major success (defined in par. 6) with the same sample pack(s) that BUYER developed creations with.
- Right of Exploitation/Term
BUYER is allowed to exploit/release/license creations via all media/distribution formats (YouTube, Spotify, iTunes, Soundcloud, ReverbNation, etc.) for a lifetime, or until a third-party purchases the exclusive rights (par 7.), whichever comes first. BUYER can qualify to purchase exclusive rights as well.
BUYER retains all backend revenue from creations, and do not/will not owe LK any share, unless BUYER achieves major success (defined in par. 6).
- Major Success
If Buyer achieves major success with any individual sample from any sample pack, Buyer must pay LK an advance of $1,000 to acquire the exclusive rights to that sample in order to continue exploiting BUYER’s creation using the sample. Further, LK will be entitled to 20% of the entire composition (which equals 10% of the total publishing share) hereforth. A separate production agreement, and a split sheet shall be executed at such time. “Major success” is defined as follows:
- Creation gets placed with an artist (whether it is the BUYER, or a third-party) on a major record label (any record label that grosses at least one million dollars [$1,000,000] per calendar year). “Placed” meaning a master recording of a song using creation is acquired.
- Buyer grosses in excess of $25,000 from the exploitation of creation in any way, shape, or form.
- Exclusive Rights
Sample packs (and their deriving individual samples) can only be purchased exclusively by any person or entity (including BUYER) if said entity, person, or BUYER achieves Major success (defined in par. 6). Exclusive rights are $3,000 for every individual sample.
Once any individual sample is purchased exclusively, that sample will be removed from its parent sample pack, and discontinued forever as an LK product. Further, no other entity or purchaser (including BUYER if BUYER is not the purchaser of the exclusive rights) will have any form of usage rights, and will no longer be able to exploit creations using that sample in any way, shape, or form.
It is BUYER’s responsibility to check our public exclusive acquisition database, located here: https://www.dropbox.com/s/ounsvdrojy5zrcy/Exclusive%20Acquisition%20Database.pdf, to stay abreast with which samples have been purchased exclusively. If a sample is purchased exclusively by a third-party, Buyer understands that any and all rights granted to BUYER in the past for any samples listed on the exclusive acquisition database, are now void.
- Selling of Sample Packs
BUYER understands that selling sample packs ‘as is’ is strictly prohibited. BUYER MUST add musical accompaniment (instrumentation, vocal melody, etc.) in order for any composition to be considered a creation.
- Acceptance of Agreement
By using LK’s website (https://www.luxkeyz.com) in any and all capacities, one automatically agrees to the terms set henceforth in this agreement.