Make Hit Music (“makehitmusic.com” or “we” or “us” or “our”) provides this limited license agreement (the “limited license”), which contains the terms and conditions under which you may purchase music tracks (“music”) from music producers (“producers”) who have uploaded their music to our website (the “site”). this limited license expressly incorporates the terms of use, the privacy policy and all other policies and guidelines located on the site. the terms of this limited license apply whether you purchase music via the site or via our mobile applications (the “mhm apps”). if you do not agree to the terms of this limited license, or the terms of use, the privacy policy or the other policies and guidelines located on the site, then you may not purchase any music from the site or through the mhm apps. although we operate the site and the mhm apps, we are not involved in any way between you and the producers – we are only here to facilitate your purchase of music from producers.
Your Rights
Upon payment of the purchase price of your selected music, you have the right to make one (1) derivative work from the music. a “derivative work” is a song that contains the music plus additional vocal performances plus additional musical elements that you add to the music. you may use all or only a part of the music, you may change the speed of the music and you may edit and add effects to the music to create your derivative work.
You may use the derivative work in only (1) project, without having to pay any additional money – meaning, you may either:
release the derivative work on a cd that’s for sale; or
sell the derivative work as a digital download (e.g., on itunes); or
license the derivative work for use in either a tv show or in a movie or in a commercial; or
use the derivative work in any other way.
Once you have chosen the type of use for the derivative work, you will have unlimited distribution and public performance rights for that derivative work – meaning that if you decide to release the derivative work on a cd, you can sell as many cds as you want and you won’t have to pay any additional money; or if you decide to license the derivative work for use in a movie, the movie may be shown in the theaters and on tv forever. no additional payments of “performance fees” is required in order to license the derivative work for use on tv and other “public” uses, and you may use this limited license to show ascap and/or bmi that this is a direct license for the public performance of the music.
Your right to use the music is non-exclusive – meaning that other artists may purchase the same music that you have purchased for use in their own derivative work.
Your responsibilities.
You may not use the derivative work in more than one (1) project. if you do use the derivative work in more than one (1) project, you must purchase another license. if you use the derivative work in more than one project without having first purchased an additional license, you will be committing copyright infringement because you will be doing more with the derivative work than you are given permission for.
You may not use the music by itself, even if you change the speed of the music or edit or add effects to the music – you must add vocal performances and other musical elements to the music to make a derivative work. if you use the music without adding vocal performances and other musical elements, you will be committing copyright infringement because you will be doing more with the derivative work than you are given permission for.
You may not claim copyright ownership in the music. what this means is that you cannot claim that you are the composer, the writer, or the publisher of the underlying musical composition (i.e., the publishing) in the music and you cannot claim that you are the owner of the sound recording of the music. you may only claim ownership in the vocals and in the additional elements that you add to the music to create your derivative work. in other words, you may not seek copyright registration in the music; you may, however, seek copyright registration in those elements of your derivative work that you have added to the music in order to create your derivative work. the foregoing restriction applies to both the “pa” registration (the musical composition” and the “sr” registration (the sound recording”). if you choose to seek copyright registration in your derivative work, you must indicate that the work is a “derivative work” and that the producer is the sole author, composer and owner of the music (for the pa registration) and that the producer is the sole author and owner of music (for the sr registration).
Legal Boilerplate.
Since we are not the owners of any music that the producers upload to the site, we cannot make any guarantees about the music – meaning that if the music that you purchase infringes on someone else’s copyright (for example, if it contains a “sample”), then you must resolve that directly with the producer. it is up to you and the producer to resolve any disputes on your own. we will provide you with the producer’s contact information in the event that you send us an email at support@makehitmusic.com alerting us to a claim of copyright infringement or any other claim regarding the music.
We cannot guarantee that the music that you purchase will be free from defects or viruses. if your download of the music is defective in any way, you must send us an email at support@makehitmusic.com so that we may send you a replacement file.
If you are purchasing the music using the mhm apps, your wireless carrier may charge you a fee to use the mhm apps and you agree to be responsible for payment of any such fees.
You warrant and represent that you have the right to agree to and accept all of the terms of this limited license.
You warrant and represent that you will not access the site or the mhm apps in any way that will cause any damage or interruption to our servers or operations.
You warrant and represent that you will not make any negative or disparaging comments about us or about any producers, whether verbally, in writing or on the internet or within various mobile app distribution channels such as, but without limitation, the app store℠ online store and the google play™ online store.
You will indemnify and hold us harmless from and against any claim, loss, damages or liability (including, without limitation, reasonable attorneys’ fees and costs) related to your use of the music, the derivative work or in connection with any breach of your obligations, warranties and representations hereunder.
The Top Chart beats are dynamically displayed on the home page based on sales. In addition, Platinum producers are randomly featured on the home page with 3 of their beats displayed.
All approved beats will appear on the home page for an unspecified amount of time. New beats are being released by producers all throughout each day, so this section is constantly being updated. You may or may not see your beat as a new release on the home page depending on when you're online and the number of submissions approved each day.
Payments are distributed via PayPal. In order to get paid you must enter your PayPal e-mail address and tax related info in your profile settings. If you do not have a PayPal account you can open one free of charge at www.PayPal.com.
Producer’s are paid monthly according to the schedule published within the producer dashboard. All payments are distributed within 45 days or less from a month's end.
To upload beats, login to your account. Click on My Beats and then click Add New Song. Next add your beat info and then click the Upload File button to browse for the beat on your computer or device and then click the Upload button.
All newly uploaded songs are by default ‘inactive’ and must be reviewed and approved by our staff. Once approved the status will change to 'active' and will appear on the website within 72hrs. If for some reason your beat doesn't meet our quality standards you will be contacted.
Each time a song is updated it becomes 'inactive' until re-approved. All approved beats will appear on the website within 72hrs. If for some reason your beat doesn't meet our quality standards you will be contacted.
Yes. Makehitmusic.com has a minimum price requirement of $19.99 and a maximum price of $249.99. ($4.99 - $49.99
for mobile app beats). You may set your price anywhere in between.
Yes. You will get your own homepage/storefront that contains your pictures, bio, and beats which you can sell online. Your website address will be like this - (example: www.makehitongs.com/yournamehere)
Yes, if you are not satisfied for any reason you may cancel your account at anytime. To cancel, please e-mail your request to support@makehitmusic.com. When you cancel your account all future billing will be suspended immediately and your store will be deleted. There are no refunds.
No. Currently all beats on MakeHitMusic.com are offered by Music Producers as Non-Exclusive. This means that more than one person can license, download and use the same beat.
You may only upload songs for which you are the author and legal copyright owner or otherwise have permission/clearance to do so. See our Terms of Use for more details.
To delete a beat, simply sign into your account, click My Beats, select the beat you wish to delete, scroll to the bottom of the page and click the Delete button.
We have a secure state of the art website which has fraud detection, and the highest level of encryption. However, occasionally as with every e-commerce site fraudulent orders can be placed.
A charge back occurs when a person makes a fraudulent purchase with a credit card he/she is not authorized to use.
If such occurs for the purchase of one of your beats your account will be debited for the amount owed or paid out to you for that sale only. Makehitmusic.com will incur any additional bank and merchant service fees associated with the charge.
NOTE: Sometimes it can take up to 90 days for a fraudulent order to be investigated. Therefore, even if you have been paid a commission for a previous order which was later deemed fraudulent your account will be charged back against future commissions.
If you see an error message stating that your credit card is invalid please do the following:
1. Verify your credit card number.
2. Verify that you correctly entered your CVV code.
3. Verify that you correctly entered the expiration date.
4. Verify that you have entered the proper billing address
Please double-check your credit card and/or with your bank to ensure that you’ve entered the info correctly. If you realize that you've made a mistake, simply return to the payment option page and enter in the correct information. Continue checking out as normal.
If you're still encountering problems, please contact us. However, at NO point should you ever e-mail us your full credit card number. If you wish to reference a specific credit card that you already have on file with us, please reference by the order number.
If you believe that your card was declined due to insufficient funds, but now have those funds available, you may ask that we attempt to charge your credit card again.
If you believe that your card is restricted to point-of-sale transactions, you must either contact your bank about removing such restrictions, provide us with a different credit card, or choose a new payment method.
We use an online confirmation number to properly track your order through the system. Once an order number is assigned you may use it as a future reference for that purchase.