Terms & Agreement
ONLINE FOREVER MUSIC LIBRARY TERMS & AGREEMENT
Co-production credit is always required – the producer of the pack and Online Forever must be listed in the title of the beat or credits of the song when uploaded to any music platform.
The producer of the "Example" sample pack is "Example" (@Example).
In addition:
A) In the case of a Major Record Label release or >1,000,000 Streams
NOT Royalty-Free
If a sample gets placed in a Major Record Label song or is in any song which passes (or is predicted to pass) 1,000,000 streams on any of the major streaming platform (such as Spotify, Apple Music), please contact Online Forever via email: onlineforevermusic@gmail.com to clear the sample.
In this case co-production credit + publishing and royalties split (50/50) is required. Our 50% is split 42.5% to the producer listed above and 7.5% to Online Forever.
B) In the case of a Non Major Record Label release or <1,000,000 Streams
Royalty-free for non Major Record Label release, or if the sample is featured in any song which has under 1,000,000 streams on any of the major streaming platforms.
Our samples are royalty-free for use on beat stores, but you must always give co-production credit.
Our samples are royalty-free for use on beat stores, but you must always give co-production credit.
Samples shall NOT be re-distributed for re-sale, re-uploaded, or illegally distributed. Any breach of terms & agreements will result in lawful action. Please respect and follow these terms & agreements.
Contact Details
Instagram: @onlineforevermusic
Email: onlineforevermusic@gmail.com
Online Forever Basic License
1. We grant you a non-exclusive, non-transferable, perpetual right to publicly perform, distribute, or transmit the “Samples” within this sample pack, in combination with other sounds in music productions to create new recordings ("Recording(s)"), each of which shall be considered a "derivative work,” as such term is used in the United States Copyright Act of 1976, as amended. This license permits you to modify, reproduce, use the Sample as incorporated in your Recording solely pursuant to the following terms and conditions:
(a) You may use any Sample solely for Recordings on your own personal projects which are distributed solely by you independently (i.e., beat tapes or mixtapes) without any additional obligation to us or the Sample owner, Provided that in the event that any Recording exceeds One Million (1,000,000) streams across Apple Music and Spotify, you shall be required to immediately obtain formal clearance of the Sample for use in the Recording pursuant to procedure outlined in paragraph 1(d) below.
(b) You may not use or sublicense any Sample in isolation as sound effects, loops, or as source material for any other form of sample, regardless of whether or not the Sample is modified by you pursuant to the terms herein;
(c) You may not: (i) use or sublicense any Sample in a manner which is competitive to us or the Sample owner; (ii) redistribute any Sample in new sample packs; (iii) sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer any Sample to a third-party except as incorporated into a Recording; or (iv) use the name, image, likeness or other indicia of identity of the artist, producer and/or writer associated with a Sample in any way without such artist, producer, and/or writer’s express written consent.
(d) With respect to commercial exploitations of Recording(s) containing any Sample, you shall not sell, license, or otherwise commercially exploit any Recording(s) containing any Sample via a third-party “Major Record Label” (as defined below) or “Qualifying Independent Label” (as defined below) without:
(i) contact us (at onlineforevermusic@gmail.com) so that we can connect you with the Sample owner to obtain formal clearance of the Sample for use in the Recording(s);
(ii) allocating no less than fifty percent (50%) of any advances, royalties, and/or publishing ownership received by you from the Major Record Label or Qualifying Independent Label (as applicable) in connection with the Recording(s); and
(iii) ensuring that the Sample owner and Online Forever is credited as a coproducer in connection with all commercial exploitations of the Recording(s) on the liner notes of any singles or albums (in any configuration) embodied the Recording(s), including meta-data where applicable, as well as any advertisements in connection with the Recording(s).
(e) As used herein:
(i) “Major Record Label” shall mean a record label or company: (i) 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), (ii) 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, Ryko, Caroline, InGrooves, The Orchard, Rounder, Kobalt/AWAL, BMG, ADA and E1), and/or (iii) 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 1(e)(i) above which has distributed any album and/or master which has exceeded an aggregate of Ten Thousand (10,000) streams on Apple Music, Spotify and YouTube in any given calendar month, or greater than an aggregate of One Hundred Thousand (100,000) streams on Apple Music, Spotify and YouTube in total.
(f) The producer of this sample pack shall indemnify and hold Online Forever harmless from any and all third party claims, liabilities, costs, losses, damages or expenses as are actually incurred by the producer and shall hold Online Forever free, safe, and harmless against and from any and all claims, suits, demands, costs, liabilities, loss, damages, judgments, recoveries, costs, and expenses; (including, without limitation, reasonable attorneys' fees), which may be made or brought, paid, or incurred by reason of any breach or claim of breach of the warranties and representations hereunder by the producer, their agents, heirs, successors, assigns and employees, which have been reduced to final judgment. This is especially the case where the producer has used another individual’s sounds without clearance.