Terms & Services

Written by theycallmemrtip on November 26, 2009

By purchasing these Instrumentals, the Customer agrees to give a "shout-out" to T-Peezy (Don Dewberry) in the beginning of any track that is made from one of the Instrumentals, and agrees not to distribute any copy of any track made from one of the Instrumentals in which this "shout-out" does not appear. For the purposes of this agreement, a "shout-out" is defined as the saying or singing in a clear, audible and understandable manner, an acceptable form of the nickname T-Peezy. Several examples will be provided by Don Dewberry following the sale. These examples themselves do not need to be used in the track; the Customer may recreate the "shout-out" with his/her voice or the voice of another artist performing on the track. Don Dewberry must make a final approval of the "shout-out" before the track can be distributed in any way, shape or form. This approval must be made in the following manner: The Customer will send a sample of the beginning of the track or the track in its entirety to Don Dewberry in the form of an electronic file. Don Dewberry will then communicate his approval to the Customer in the form of a telephone call or e-mail.

The Customer acknowledges the right of Don Dewberry to sell one-track rights, or "exclusive rights" for the use of any of these Instrumentals to any other party at a future date, at the sole discretion of Don Dewberry. "Exclusive rights" will only exclude future sales of an Instrumental by Don Dewberry, and will not in any way alter the rights of the Customer or the rights of Don Dewberry, or the agreement between Don Dewberry and the Customer. The Customer also acknowledges that any of these Instrumentals may have previously been sold to another party and agrees that this previous sale does not in any way infringe upon the rights of the Customer and/or Don Dewberry as they pertain to this contract, nor does it in any way infringe upon this contract. The Customer may not resell or redistribute any of the Instrumentals or any altered form of the Instrumentals, with the exception the one track per Instrumental which the Customer may make using the Instrumentals. The Customer agrees not to hold Don Dewberry or any of his affiliates liable nor in any way responsible for any litigation, negative publicity or other claim, suit or damages, perceived or concrete, that arise from the sale of any of the Instrumentals, any activity involving music derived from those Instrumentals or any activity related to the agreement between the Customer and Don Dewberry. Also, no refunds will be given after the payment is made.

This agreement contains the entire understanding of the parties and supersedes any and all previous oral and written agreements or understandings. There exist no other agreements, representations or warranties not set forth in this agreement. This agreement will bind, and inure to the benefit of, the parties and their respective successors and assigns. Any and all modifications, alterations, amendments or waivers of any provision of this agreement may be made only in writing, and must be signed by both parties. The failure by any party to exercise any rights granted herein upon the occurrence of any event set forth in this agreement shall not constitute a waiver of any such rights upon the occurrence of any such event. In the event any provision of this agreement is held to be in violation of any law, statute, regulation, ordinance or court order, this agreement shall be deemed modified accordingly and to the extent necessary to comply therewith and shall otherwise continue in full force and effect. This agreement shall be governed by, and construed in accordance with, all of the laws of the State of Texas, and any action, claim or proceeding under this agreement shall be commenced exclusively in the Federal or State courts located in the State of Texas. This agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Section or paragraph headings in this agreement are for convenience of reference only. The customer acknowledges that there may be some future risk involved in the use of the Instrumentals. Due to the fact that copyright conflicts may arise at an unknown point in the future, the Customer agrees to cease all use of the Instrumentals and use or sale of a song based on the Instrumentals, at such time as Don Dewberry informs the Customer that there is a copyright issue.

If at any point a piece of paperwork or an electronic file does not reach the party expecting it in a reasonable amount of time, whichever party is waiting for the paperwork or electronic file will notify the other party that it has not arrived, and both Don Dewberry and the Customer will take reasonable action to rectify the problem. All responsibilities outlined in the contract shall be carried out in a timely manner by both parties.

The Customer also purchases the right to make one track using each of these Instrumentals. Each track will be distributed no more than 2,000 times. By purchasing the Instrumentals the customer is purchasing the right to distribute 2,000 copies of each track he or she makes using the Instrumentals. If the customer desires to distribute more than 2,000 copies of any track made from one of the Instrumentals, they must purchase the right to do so. The price to distribute additional copies is listed in the Table, and is per 2,000 additional copies distributed. The Customer may purchase the right to distribute additional copies at any point in the future. For the purposes of this agreement, a copy distributed includes but is not limited to the sale or giving away of the track singly or with other tracks on any of the following forms of media:

· Cassette tape--$500.00
· Record--$500.00
· Compact Disk--$1000.00
· Digital Files (wave, mp3, or any other electronic file)--$1000.00
· Any other manner that could reasonably be considered as the sale or giving away of the track to another party by the Customer.