Definitions

DOWN DUG - Down Dug Productions, LLC the entity, website, employees or physical location.

CONTRACTOR  - Individuals, DBAs, entities, companies doing business with DOWN DUG in exchange for promotion, money or an expectation thereof.

USER - Anyone who visits and interacts with the website or mobile web site http://www.DownDug.com

CUSTOMER - A person who has purchased files or services from DOWN DUG or who has created an expectation as such.

DJ SERVICES - Includes remixes, creating hooks or adding cuts and scratches to a track.

Privacy

DOWN DUG respects your privacy. No USER or CUSTOMER’S personal information will ever be shared with third parties.

Electronic Communications

When USERS visit DOWN DUG or send e-mail, they are communicating electronically and consent to receive communications electronically. DOWN DUG will communicate by e-mail or by posting notices on DOWN DUG.  If a USER objects to electronic communication, telephone correspondence may suffice for inquiries, followup and other non-transactional communications.  The direct telephone number for DOWN DUG is 980-999-0456.

Exclusive Licensing

DOWN DUG instrumentals and audio content are protected by Intellectual Property Rights. All rights, title, and interest in the instrumentals throughout the world, are the exclusive property of DOWN DUG or submitting CONTRACTOR until such time as the instrumental or audio content is purchased by a CUSTOMER, at which point they will become non-transferrable.  Upon purchase of an instrumental, upon receipt of completed mixing and/or mastering work, and upon the satisfaction of DJ SERVICES, CUSTOMER will receive digital access to their completed files with exclusive licensing. DOWN DUG licenses are royalty-free and irrevocable forever.

Intellectual Property

When submitting the “Master Project” to the Library of Congress for copyrighting via the SR or PA forms, or any alternative means of acquiring copyright protection, the CONTRACTOR credited with the production of the purchased instrumental must be included for the derivative work; this being the previously existing work (“audio content”) that now comprises of a new work (“Master Project”). In the event that the audio content has lyrics, such as beats with vocal hooks, it is permissible to submit the sound recording in its entirety to the Library of Congress but must exclude the written or typed lyrics for the “hook” portion of the song from your copyright form. It is not necessary to input credit to the singer of the prerecorded vocal hook on the copyright form.

License Agreement

A PDF License Agreement is provided with your purchase. This License Agreement is not personalized. If in the event proof of your commercial rights is requested by a Third Party, you must attach a copy of your order receipt to the PDF License Agreement which includes your name, the beat title, and date of purchase. Personalized License Agreements will not at anytime be provided. However, if further evidence is requested from a Third Party, even after submitting a copy of your License Agreement and order receipt, please contact us immediately for further assistance.

Package Deals

DOWN DUG offers discounts for multiple purchases during any one transaction.  Please visit the RATES page or CONTACT US for further assistance.

Free Sample

By request, DOWN DUG will mix and/or master 30 seconds or 20%, whichever is shorter, of USER’S track.

Revisions

DOWN DUG will provide one free revision for DJ SERVICES and MIX AND MASTERING services.  If CUSTOMER is dissatisfied after items requested from the revision are added, removed, fixed or adjusted, CUSTOMER may purchase additional revisions at a rate of $60 per additional hour of labor, billed in 15 minute increments with one (1) minimum hour purchase.  If errors after first revision are on account of an error on DOWN DUG’s part, further revisions needed to remedy the oversight are free of charge to CUSTOMER.

Contractors

DOWN DUG

Copyright

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 DOWN DUG or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of DOWN DUG, with copyright authorship for this collection by DOWN DUG, and protected by international copyright laws. THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THESE COPYRIGHTED WORKS IS ILLEGAL. CRIMINAL COPYRIGHT INFRINGEMENT, INCLUDING INFRINGEMENT WITHOUT MONETARY GAIN.  INFRINGEMENT IS ROUTINELY INVESTIGATED, SUBMITTED TO THE FBI, AND PROSECUTED, WHICH COULD LEAD TO CHARGES PUNISHABLE BY UP TO 5 YEARS IN FEDERAL PRISON AND A FINE OF $250,000.

Legal

In no event may you enter into any settlement or like agreement with a 3rd party that affects DOWN DUG rights or binds DOWN DUG or its license-holders in any way. In addition, DOWN DUG does not review or sign Third Party contracts or agreements of any kind. All terms of use are provided on this page and via the PDF License Agreement. If any terms are unclear, CONTACT US for further clarification.

Trademark

I. Background

“DOWN DUG” is a registered trademark and may not be used in connection with any product or service that is not DOWN DUG, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DOWN DUG. All other trademarks not owned by DOWN DUG 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 DOWN DUG.

II. Federal Trademark Law

In order to comply with and assure protection under federal trademark law (15 U.S.C. 1051 et seq.), all uses of the DOWN DUG trademark are monitored. Unauthorized use of the DOWN DUG trademark is subject to civil and criminal penalties. The term “trademark” as used in this policy includes any trademark, service mark, logo, design, symbol or any combination of these.

Delivery

DOWN DUG

Returns, Refunds and Cancellations

All sales are FINAL and all charges from those sales are nonrefundable. There is NO REFUND POLICY for digital downloads. Before USER clicks purchase on the final confirmation page, they must make sure that their order is correct. If you experience any problems with your purchase or download, please CONTACT US immediately.  Orders for digital instrumental downloads may not be cancelled since they are processed immediately upon purchase.

Data Preservation

All licenses purchased from DOWN DUG will remain available for download indefinitely. This does not guarantee that the links will remain available indefinitely. Therefore, it is highly recommended to back up the audio content on a separate hard drive to the cloud or to a data disc to avoid permanently losing the files. If, in the event the audio content is lost and download links are expired, you may CONTACT US for assistance in retrieving all missing files. Again, this does not guarantee the files will always be available at a later time and DOWN DUG cannot be held liable or responsible for any files that are not recoverable for any reason.

Format and Compatibility

MIXED AND MASTERED audio content is generated and delivered in 16-Bit Stereo, 44.1 kHz, WAV format only, which is compatible with all major recording devices on the market. In the unlikely event that WAV is not compatible with your platform, many audio converters are available on the market that allow conversion to several alternative audio formats. DOWN DUG can provide audio conversion services for a minimal fee.

Multi-Tracks

Multi-tracks are included only with purchases of digital instrumentals and DJ SERVICES. DOWN DUG can not provide uncompressed versions of the instrumental itself. However, the multi-tracks resolves the need for an uncompressed version, as several instrument layers are provided for further flexibility with customizing the levels and EQ in the mix.

Modification

All instrumentals are delivered on Multi-Tracks as they heard in the online catalog, in high quality and without any audio watermarking. DOWN DUG can provide customization services for a minimal charge. However, the acquired license grants rights for the CUSTOMER to alter or edit the arrangement and mix in any way.

Applicable Laws

By visiting DOWN DUG, USERS agree that the laws of the state of North Carolina and the United States, 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 DOWN DUG or its associates.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY DOWN DUG ON AN “AS IS” AND “AS AVAILABLE” BASIS. DOWN DUG 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, DOWN DUG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOWN DUG DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DOWN DUG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOWN DUG 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.