1. Types of Audio Content: I offer various kinds of music and other audio recording Content without video, pictures or other visual works (“Audio Content“), which may be designated on the applicable Item Page, among other things, as “Music” or “Music Tracks” (music, with or without lyrics) or “Podcast”.

  2. PRO Content: If the PRO label appears on the Item Page or the Music Track is otherwise designated as a PRO Track, then it is considered to be “PRO Track”. “PRO” means a performing rights organization or other similar organization (including ASCAP, BMI, SOCAN, SESAC, PRS, MCPS, SACEM, SDRM or JASRAC, GEMA). For PRO Tracks, notwithstanding anything else in this Agreement, the License does not include the right to public performance of the composition, there is no waiver of any PRO royalties or cue sheet obligations, and our warranties do not cover such performance rights. The foregoing may also apply to other Music Tracks created in a country (e.g., certain EU countries) where, notwithstanding the Content contributor’s grant of sub-licensable performance rights to us, under applicable law, PRO membership and/or application of PRO rights may be considered to be mandatory.

  3. Restrictions on All Audio Content: In addition to the other restrictions in this Agreement, you may not do any of the following regarding any Audio Content:

    1. use it in whole or part to manufacture, distribute or sell records, CDs, jukeboxes, mp3s or any other predominantly audio product embodying it, in whole or in part, that is not synchronized or combined with other audio or musical content to create a derivative work as permitted in this Agreement (for example, you cannot use it to create a CD or other music compilation to give away or sell);

    2. place it on or in any product or platform that makes it available in a manner such that a person can without extraordinary effort extract or access or reproduce it as an electronic file;

    3. use or display it in whole or part in an electronic format that enables it to be accessed or distributed or shared in any peer-to-peer or similar file sharing arrangement;

    4. resell it in whole or part as backgrounds, “hold” music or ringtones; or

    5. incorporate it in whole or part in any product or platform that results in its re-distribution or re-sale (such as music download sites, stock music CDs, electronic greeting card web sites, web templates and the like).

  4. Audio Content Cleared for Sampling: For Audio Content designated on the Website as being “Cleared for Sampling“, you may do any of the following:

    1. edit, modify, or alter it;
    2. use it in whole or part without synchronization or other combination with other original work(s) of authorship so that the combination constitutes a Production;
    3. use it, in whole or in part, as an element of a new musical work (e.g., by combining the Audio Content with other work so that a copyright can be claimed in the resulting song); or
    4. modify it, in whole or in part, so that a copyright can be claimed in the resulting song other than as part of a Production that consists of an audio visual work, computer or mobile device application or an internet page.
  5. Restrictions on Audio Content Not Cleared for Sampling: Unless the Audio Content is designated on the Website as being “Cleared for Sampling“, you may not do any of the things mentioned in paragraph (d) above; provided that you may do basic editing (e.g., setting fade-in/fade-out points, determining start and end points, or using only a portion of it), in a way that does not alter its fundamental character, harmonic structure, lyrics and/or melody or prejudice of the un-waivable moral rights of the artist(s).

  6. All Sales Final: I am not able to offer any refunds in whole or in part.