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Terms and Conditions
CONDITIONS OF USE
Welcome to our online store! BLONJU and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit BLONJU or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BLONJU or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of BLONJU, with copyright authorship for this collection by BLONJU, and protected by international copyright laws.
BLONJUs trademarks and trade dress may not be used in connection with any product or service that is not BLONJUs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BLONJU. All other trademarks not owned by BLONJU or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BLONJU or its subsidiaries.
BLONJU grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BLONJU. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BLONJU. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BLONJU and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BLONJUs name or trademarks without the express written consent of BLONJU. Any unauthorized use terminates the permission or license granted by BLONJU. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BLONJU so long as the link does not portray BLONJU, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BLONJU logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. BLONJU and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BLONJU reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant BLONJU and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BLONJU and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify BLONJU or its associates for all claims resulting from content you supply. BLONJU has the right but not the obligation to monitor and edit or remove any activity or content. BLONJU takes no responsibility and assumes no liability for any content posted by you or any third party.
All items purchased from BLONJU are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
BLONJU and its associates attempt to be as accurate as possible. However, BLONJU does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BLONJU itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY BLONJU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BLONJU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS
SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLONJU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BLONJU DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM BLONJU ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. BLONJU WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting BLONJU, you agree that the laws of the state of DEFINE_STATE,
DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BLONJU or its associates.
Any dispute relating in any way to your visit to BLONJU or to products you purchase through BLONJU shall be submitted to confidential arbitration in DEFINE_STATE, DEFINE_COUNTRY, except that, to the extent you have in any manner violated or threatened to violate BLONJUs intellectual property rights, BLONJU may seek injunctive or other appropriate relief in any state or federal court in the state of DEFINE_STATE, DEFINE_COUNTRY, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to BLONJU. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: info@BLONJU.com
Blonju Non-Exclusive Beat License
This Beat Non-Exclusive License (the “License”) is made and entered into as of the date you (“YOU” and “YOUR”) purchased a Beat from www.blonjufo.com (the “Effective Date”) by and between Joshua McCormick aka Blonju, a Georgian music producer (“Producer”), and YOU.
THIS AGREEMENT, IS AGREED TO AND ACCEPTED BY YOU AFTER YOU CLICK “BUY BEATS, DOWNLOAD FILE,” OR ANY DERIVATIVE PHRASE THAT WOULD BE CONSTRUED AS ACQUIRING THE BEAT IN EXCHANGE FOR A SUM OF DOLLARS, WILL CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND PRODUCER, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, LLC, CORPORATION, OR ANY SIMILAR BUSINESS ENTITY, IN WHICH CASE “YOU” AND “YOUR” SHALL REFER TO THE ARTIST, BAND, GROUP, LLC, CORPORATION, OR ANY SIMILAR BUSINESS ENTITY, ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE RELEASING YOUR MUSIC..
YOU and Producer (individually, a “Party”, and collectively, the “Parties”) agree as follows:
1. PURPOSE AND BACKGROUND.
(A) Producer owns and operates the website currently located at the following URL, “www.blonjufo.com”. In addition to such URL, Producer may provide its services on other websites and/or apps, including but not limited to, other URLs, smartphone and tablet apps, smart TVs, living room media boxes, connected cars, and other digital and electronic formats, whether now known or hereinafter devised (individually, and collectively, the “Sites”). Users of the Sites are able to request Producer’s services to purchase instrumental composition to the email address provided by YOU.
(B) YOU desire Producer’s services to (i) provide a musical composition (the “Composition”), and (ii) license a sound recording which embodies the Composition (the “Master”). The Composition and Master are referred to individually and collectively hereinafter as the “Track”.
(C) YOU desire to provide your email address in exchange for the Track or Tracks.
(D) YOU desire to use the Track as provided in this Agreement. Producer desires to grant YOU non-exclusive licenses to use the Track(s) as provided in this Agreement.
(E) YOU acknowledge that Producer will own all of the property that results from Producer’s services, including but not limited to, the Track(s).
2. TERM. The term of this Agreement shall begin as of the Effective Date and remain in effect in perpetuity (the “Term”).
3. TERRITORY. The rights granted in this Agreement are for the following territory: the Universe (the “Territory”).
4. COMPENSATION AND SERVICES. YOU agree to provide the Producer with a valid email owned by YOU. Producer will email a download link to the provided email address.
5. AUTHORSHIP AND OWNERSHIP. YOU agree and acknowledge that during the Term and throughout the Territory (A) Producer owns and shall own all of the rights to the Track (including, but not limited to, the copyrights in the Composition and the Master), and (B) Producer shall have the right to exploit the Track (including, but not limited to the Composition and the Master) in any manner or configuration, now known or hereafter devised, or to refrain therefrom, in Producer’s sole discretion.
6. GRANT OF RIGHTS. Subject to paragraph 11 and YOUR compliance with all terms contained in this Agreement, Producer hereby grants to YOU, during the Term throughout the Territory, the following non-exclusive rights to:
(A) Prepare a derivative work of the Composition by adding lyrics, and a derivative work of the Master by adding vocal performance (individually, and collectively, the “Derivative Work”); and
(B) Copy, distribute, perform, adapt/modify, display, and otherwise use the Derivative Work, in whole or in part, in any format, whether now known or hereinafter devised, for commercial and/or non-commercial use.
7. RESERVATION OF RIGHTS. Producer only grants to YOU the above non-exclusive rights and this Agreement does not transfer the copyrights in the Track (including, but not limited to, the copyrights in the Composition and the Master). Producer expressly reserves all rights that are not specifically granted in this Agreement. For clarity, the foregoing grant of rights does not permit the Composition and/or Master to be used in any way whatsoever in isolation because this Agreement is only for using the Track as part of a derivative work. Additionally, YOU agree that YOU shall not re-record or direct any other individual or entity to re-record any sound recording embodying the Composition contained in the Track without Producer’s prior written consent.
8. CONTENT OF DERIVATIVE WORK. YOU agree and acknowledge that YOUR contributions to the Derivative Work, including, but not limited to, any lyrics and vocal performance YOU may add, are not and will not be offensive, abusive, libelous, defamatory, racist, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation, or otherwise be objectionable in Producer’s sole discretion (hereinafter referred to individually, and collectively, as “Offensive Content”).
9. AUTHORSHIP AND OWNERSHIP OF DERIVATIVE WORK. The Parties shall become joint authors and owners of the Derivative Work, including the copyright and all other rights to the Derivative Work (except for the copyrights contained in the Track) in equal shares. Accordingly, each Party shall own fifty percent (50%) of all such right, title, and interest in and to the Derivative Work (for clarity, each Party shall own fifty percent (50%) of the musical composition contained in the Derivative Work and fifty percent (50%) of the sound recording contained in the Derivative Work), and Producer shall own one hundred percent (100%) of all right, title, and interest in and to the Track. Each Party shall administer its own share in the Derivative Work and receive its share of income from exploitation of the Derivative Work based on its ownership percentage set forth in this paragraph directly from third parties. Promptly upon completion of the Derivative Work, and without further consideration, YOU agree to deliver to Producer any and all information required for Producer to properly register the Derivative Work with performance rights organizations (e.g. ASCAP, BMI, SESAC, and/or SoundExchange) and the U.S. Copyright Office.
10. BENCHMARK. Notwithstanding anything to the contrary contained herein, YOU shall not be obligated to pay royalties to Producer in connection with the Derivative Work, unless and until (A) the Derivative Work earns gross receipts of one hundred thousand dollars ($100,000) (the “Benchmark”), and (B) Producer exercises its right, in Producer’s sole discretion, to receive royalties from YOU in connection with the Derivative Work (the “Right”). As used in this paragraph, “gross receipts” means the gross monies or other consideration that is earned in any way whatsoever from exploitation of the Derivative Work. Upon occurrence of the Benchmark and Producer’s exercise of the Right, the Parties agree to negotiate in good faith, a producer agreement, on terms standard and customary in the music industry. However, the Parties agree that no failure to ever execute a producer agreement will impact the validity of this Agreement, which forms a binding agreement between the Parties.
11. RECORDS; AUDITS. YOU agree to keep and maintain records of all earned income in connection with exploitation of the Derivative Work. Producer may audit such records to determine gross monies or other consideration earned or received in any way whatsoever from exploitation of the Derivative Work, provided that Producer gives YOU at least thirty (30) days prior notice. Producer may only conduct such audit during normal business hours.
12. CREDIT. YOU shall credit Producer on all media where credits are customarily given to composers of musical compositions and producers of sound recordings. The credit shall be substantially as follows:
“[Title of Derivative Work]”
Produced by Blonju
In the event that YOU modify and/or alter the Track, YOU shall consult with Producer and Producer shall have the right, at Producer’s sole election, to have Producer’s credit removed from the Derivative Work that contains such altered version of the Track. Notwithstanding anything to the contrary contained herein, in the event YOU contribute Offensive Content to the Derivative Work, Producer, in addition to all other remedies available to Producer, shall have the right, at Producer’s sole election to have Producer’s credit removed from the Derivative Work that contains Offensive Content.
13. PROMOTIONAL USE. During the Term and throughout the Territory, YOU grant to Producer the irrevocable right to use, copy, perform, exhibit, and/or reference the Derivative Work and/or all associated trademarks or other rights contained in the Derivative Work, in whole or in part in Producer’s sole discretion, for promotional purposes, including but not limited to, on the Sites and/or social media.
14. REPRESENTATION AND WARRANTIES. The Parties represent and warrant that (A) they are free to enter into and to perform under this Agreement, (B) this Agreement will not interfere with any contract to which they are a party, and (C) their respective contributions to the Derivative Work do not infringe on any copyright or personal or proprietary rights of others in any way whatsoever. Additionally, without limiting the foregoing, YOU represent and warrant that any lyrics, vocal performance, samples, and any other material that YOU contribute (individually and, collectively, the “Contributed Material”) to the Derivative Work are wholly original with YOU and/or YOU have secured all necessary rights from all necessary parties for use of any Contributed Material that is not wholly original with YOU.
15. INDEMNIFICATION. YOU agree to at all times indemnify and hold Producer, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensors harmless from any and all losses and damages (including, but not limited to, attorneys’ fees, expert fees, expenses, and costs) whether or not an action is actually commenced, arising out of or connected with any breach or alleged breach by YOU of any warranty, representation, or term of this Agreement. YOU further hold Producer harmless from any sample clearance needed for the Track and YOU take responsibility for any necessary clearance that could arise in the future.
16. REMEDIES. In the event of a breach or a threatened breach by YOU of this Agreement in any way whatsoever, Producer shall be entitled to injunctive and other equitable relief, in addition to whatever legal remedies are available to Producer, to prevent or cure any such breach or threatened breach. The rights and remedies of Producer as specified herein are not to the exclusion of each other or of any other rights or remedies of Producer. Producer may exercise or decline to exercise any of its rights and remedies as Producer may deem fit, without jeopardizing any other rights and remedies of Producer.
17. BREACH; CURE. Producer shall not be in breach of this Agreement unless YOU give Producer written notice of such failure to perform and such failure is not corrected within thirty (30) days from and after Producer’s receipt of such notice, or if such breach is not reasonably capable of being cured by Producer within such thirty (30) day period, Producer does not commence to cure such breach within such thirty (30) day period and proceed with reasonable diligence to complete the curing of such breach thereafter. Such written notice must be in writing and delivered by certified or registered mail, postage pre-paid, return receipt requested, to Producer at the address set forth herein (or such other address or addressee as may be furnished by Producer). Such notice will be deemed to have been delivered and received upon receipt by Producer.
18. GENERAL.
(A) Entire Agreement. This Agreement, together with the Sites’ terms of use and privacy policy, contains the entire understanding of the Parties and supersedes all prior agreements, representations, and understandings between the Parties relating to the subject matter hereof. In the event that any terms contained in this Agreement conflict with the terms contained in such terms of use and/or privacy policy, the terms of this Agreement shall prevail.
(B) Modification. No change to this Agreement will be binding unless made by an instrument signed by each Party.
(C) Severability. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
(D) Waiver. Any failure by either Party to enforce the other Party’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
(E) Assignment. This Agreement is personal in nature, and thus YOU may not directly or indirectly assign or transfer it by operation of law or otherwise without the prior written consent of Producer. However, Producer shall have the right to assign, transfer, or delegate any of Producer’s rights or obligations of this Agreement, in whole or in part, in Producer’s sole discretion. All obligations contained in this Agreement shall extend to and be binding upon the Parties’ respective successors, assigns, and designees.
(F) Choice of Law. The validity, construction, and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws provisions.
(G) Dispute Resolution. If a dispute arises out of or relating to any aspect of this Agreement, the Parties agree to try and settle the dispute quickly and fairly through discussion. If the dispute cannot be settled through discussion, the Parties agree to first try in good faith to settle the dispute by private mediation before resorting to arbitration. If a dispute cannot be resolved with either discussion or mediation, then the dispute shall be submitted to binding arbitration to an arbitration service in Washoe County selected by Producer, under such arbitration service’s rules. In any arbitration or litigation under this Agreement, the prevailing Party shall be entitled to recover from the other Party all costs the prevailing Party reasonably incurs in such arbitration or litigation, including without limitation, reasonable attorneys’ fees.
(H) Clause Headings. Headings within this Agreement are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer.