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House of Tracks Contract

House of Tracks (HoT) offers digital/electronic services as an intermediary between a Seller and a Buyer of musical content, called a Track. Sellers and Buyers are Users, wishing to use the services offered by HoT. By offering its specialized services to Users, Users can maximise commercial exploitation of their Track. HoT will not act as an agent or buyer. However, HoT is offering a specified and unique technology to link Sellers, in a very easy to use, accessible way to Buyers. Many very satisfied Users have become repeat clients of HoT over the past few years.

Originally a creator/author of a musical production is not only owner of its own creation, but has also the right to transfer the ownership of content including all rights without any limitation of such a musical production. In case a creator –a Seller in HoT terms- offers his musical production -a Track- to a third party (a Buyer), and accepts payment for the sale of the Track, he agrees with the following terms:

  1. The Seller will always remain anonymous
  2. Both Seller and Buyer will not make available any information of whatever kind regarding the transaction using HoT in public. All parties must guarantee full discretion.
  3. The Seller will not get in contact with Buyer, unless requested by HoT.
  4. The Seller transfers all rights to Buyer: ownership, including, but not restricted to: the right to change the title, the right to register and sell the Track on DSP’s, the right to alter the Track et cetera, et cetera.

The Seller must, upon request of HoT, supply additional technical and/or administrative information about the Track for a period of 12 months after the Track has been sold and paid for by Buyer. 

The Buyer of a Track becomes the owner of the copyrights and neighbouring rights which are vested in the recording (artist and Phonogram producer’s neighbouring rights. ‘Phonogram producer’s neighbouring rights’ are called copyrights on a sound recording in the USA). 

The Buyer of the track hereby accepts this transfer of rights and becomes the owner of the copyrights vested in the Composition and the owner of the neighbouring rights vested in the Recording (both artist’s and Phonogram producer’s neighbouring rights). ‘Phonogram producer’s neighbouring rights’ are called copyrights on a sound recording in the USA. The transfer of rights includes (but is not limited to) the exclusive right to publish and/or to record and/or reproduce and/or to distribute and/or to adapt and/or to make available to third parties and/or to transfer the Composition as well as the recording (in whole or in part), all in the broadest sense and irrespective of the manner in which, or the medium with which, the relevant act is performed (currently known of known in the future). The Track can contain original artist work, but also legal royalty free samples (according to HoT’s guidelines) and or drum loops. 

Publication also means: distribution, letting, lending, reciting, performing in public or the broadcasting of all or part of the Composition and/or Recording or a reproduction thereof, irrespective of the technology used for such publication. As a result of the transfer described in this contract, the transferred rights in each Composition and Recording will fall within the Buyer’s assets as soon as the Buyer paid and the Seller received the money for the Track. 

The Buyer is considered to be the new Owner of the acquired Track (Master). The Buyer is considered to be the new owner of the copyrights in the musical work recorded. The copyrights in the musical work belong to the Buyer of the musical work. After the Buyer purchased and paid for a Track, the Track will be removed from the HOT store. HOT cannot be held liable by you as a Seller or you as a Buyer for any infringement or legal problem concerning the Track. If you have any complaints, please contact HOT using the address details on the contact page or at the end of the Terms and Conditions. 

HOT cannot be held liable for not genuinely filling in this contract or selecting which situation applies to you with regard to your membership of a CBO/PRO. 

To the fullest extent permitted by applicable law, you as a Seller and you as a Buyer agree to indemnify and hold HOT harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) Seller or Buyer’s breach of this Agreement; (2) any Content; (3) any activity in which you engage on or through the HOT services; and (4) your violation of any law or the rights of a third party. Both you as a Seller and you as a Buyer agree that, to the extent permitted by Dutch laws, your sole and exclusive remedy for any problems or dissatisfaction with the HOT services is to uninstall any HOT software and to stop using the HOT services. While HOT accepts no responsibility for the third party content on its services, to the extent permitted by Dutch laws, your sole and exclusive remedy, with respect to HOT, for any problems or dissatisfaction with the third party content on the HOT services, is to uninstall and/or stop using the HOT services. You agree and acknowledge that any dispute with respect to a Track sold will be strictly between you as a Seller and you as a Buyer.