Terms

Terms & Conditions

Last Updated: November 1, 2024

These Terms & Conditions (“Agreement”) establish a legal contract between you (“User”) and dug. (“Producer”) governing your use of Producer’s software and digital audio content, including the Holy Trinity VST and Sample Packs. By accessing, downloading, or using our products, you agree to these terms.

1. License

Producer owns and controls the master recordings (“Masters”) and compositions (“Compositions”) provided. Under this Agreement, Producer grants User a worldwide, non-transferable, non-assignable, non-exclusive license to:

  1. Create Derivative Tracks: Add new elements to each Composition to create derivative compositions and master recordings (“New Tracks”).
  2. Sync with Vocals/Instrumentation: Add vocals and/or instruments to Masters, producing new master recordings embodying the New Tracks.

2. Term & Usage Limitations

New Tracks:

  • One Shots: New Tracks using “One Shots” may be used indefinitely.
  • Loops & Compositions: New Tracks using “Loops” and “Compositions” may be used up to 1,000,000 cumulative streams on platforms such as Apple Music, Spotify, TIDAL, and YouTube.

Permitted Uses:

  • Single release, mixtape, or album inclusion.
  • Public performance (live shows, radio, streaming).

Note: Usage beyond the Term requires an extended license, and any unauthorized use of a Master may infringe Producer’s copyright.

3. License Fee

The License is granted upon payment of the applicable file’s listed fee. If no fee is listed, the License is gratis. Payment must be completed within 30 days of the original download to retain the License; otherwise, the Agreement expires.

4. Royalties

Usage-based royalties may apply as follows:

  • One Shots: New Tracks created from “One Shots” are royalty-free.
  • Loops: New Tracks using “Loops” incur a 25% royalty on Net Income from commercial exploitation.
  • Compositions: New Tracks using “Compositions” incur a 50% royalty on Net Income.

Net Income: Defined as gross income, less documented recording costs. User may not sell, assign, or license any New Track without Producer’s written consent. User must instruct SoundExchange (or any other applicable third party) to directly account to Producer for applicable royalties.

5. Accounting

Royalty payments to Producer are due semi-annually on June 30 and December 31. Producer may audit User’s books once annually to verify statements.

6. New Compositions

For New Compositions:

  • Using “One Shots”: Producer retains no publishing interest.
  • Using “Loops” or “Compositions”: Producer retains 25% (Loops) or 50% (Compositions) of the publishing interest.

User must list these ownership percentages when registering New Compositions with copyright or performance rights organizations. Producer may request a split sheet confirming ownership shares.

7. Mechanical Royalties

New Compositions shall be designated as “Controlled Compositions.” Mechanical royalties are due at 100% of the statutory rate for U.S. and Canadian sales, and at the prevailing rate outside the U.S. and Canada.

8. Credit

User agrees to credit Producer as follows:

  1. On labels, liner notes, and cover art.
  2. In metadata fields where applicable.
  3. In social media posts, YouTube descriptions, and audiovisual credits.

Credit should appear as “Produced by dug.” The Producer’s designated “sound mark” or “producer tag” must remain on all New Tracks.

9. Warranties, Representations, and Indemnities

Producer warrants:

  1. Ownership and control of Masters and Compositions.
  2. Right to grant the licenses specified.

User warrants:

  1. Right to enter and perform this Agreement.
  2. Compliance with all applicable third-party rights and laws.

Each party indemnifies the other from any claims or liabilities resulting from breaches of this Agreement.

10. Miscellaneous

This Agreement becomes active upon using the website, downloading files, or paying the License Fee. Changes must be in writing and signed by both parties. Disputes will be governed by New Mexico law. Parties agree they have the right to legal counsel regarding this Agreement.

Contact Information

And Zeros LLC
8206 Lousiana Blvd NE Suite A
Albuquerque, New Mexico, 87113
Email: contactandzeros@gmail.com