Terms And Conditions
General Terms and Conditions
After checkout payment, you will be able to download your product at once. You will also receive an email with a link to download the product at any time and a link to download the license contract.
In these general terms and conditions, the following terms shall have the following meanings:
- Licensor: Maura ten Hoopen, the user of these General Terms and Conditions
- Licensee: the party who wants to acquire a license to use music of licensor
- The parties: the licensor and the licensee
- In writing: written, printed or by e-mail
Verbal agreements, deviations from and additions to these General Terms and Conditions shall be valid only if confirmed by the licensor in writing. The parties mutually undertake the conduct themselves as good licensors and good licensees.
Refund & Return Policy
Choose your music carefully and if you want to purchase royalty-free music from restfulmind.com, you can try a preview in your project first. Like most online shops that sell download products, it is not possible to refund or exchange any product that has already been purchased. Once the payment has taken place, the purchase is final.
A refund will only be granted if the downloadable audio is defected or damaged by the composer Maura ten Hoopen. If something was wrong with the audio link you received or with the downloadable audio, please contact: firstname.lastname@example.org.
Your personal information or e-mail address will not be shared with any other company or person. No financial data will be kept; these are processed securely by e-commerce partners.
After your purchase in the shop, you’ll receive an email that contains an invoice.
There may be information on this site that contains typographical errors or inaccuracies including description, pricing, and various other information. restfulmind.com reserves the right to correct any errors, inaccuracies and to change and update the information on the site at any time, without prior notice.
License Terms and Conditions
1. Authorized uses
The licensee may use the music in the background of original created projects by the licensee.
Such as: Films, videos, yoga classes, podcasts, guided meditations, and guided hypnosis. The created project by the licensee must be clearly different from the original music by the licensor.
Sell, Monetize, Distribute
The licensee may monetize, sell, and distribute the music as a background track in an original created project by the Licensee. The created project by the licensee must be clearly different from the original music by the licensor and the music may not be sold as music track only. You may not use services such as ‘Content ID matching’ and/or ‘Sync. Licensing’ or use services of companies like Audiam that offer tracking software.
The licensee may use the music for various kinds of live video meetings or live streaming’s, such as Skype, Zoom, and Youtube Live, if it is used as a background track.
Clients and Patients
The licensee may use the purchased music during sessions with their clients or patients. For example, to use it for a guided meditation, hypnosis, or yoga class.
Edit the Music
The licensee may edit the music if necessary. For example: looping it, cutting it, applying fade-ins and fade-outs. This also applies for use in your app provided the audio is not being looped and/or repeated automatically.
The licensee may add sounds such as nature sounds, voice recordings, surrounding sounds, or brainwave frequencies. However, you may not add musical instrumentation or vocal melodies. For example, you cannot add a guitar, piano, vocal line, or choir.
2. Disallowed uses
Selling or streaming the music as music track only
The licensee may not sell, stream, or distribute the music as a music track only. It may only be used as a background track in an original created project by the Licensee.
Remix, mashup, or make vocal versions
The licensee may not create adaptations like a remix, mashup, or vocal version of the music.
The licensee may not sell the purchased music by granting a license or transfer rights to a third party. The music can only be used by the licensee.
Sending our music to others
The licensee may not share/transmit the purchased music with others unless they are part of the licensee’s business and/or part of the creation of the project that you use the purchased music for.
3. Intellectual Property and Copyright
restfulmind.com is owned by Maura ten Hoopen (the licensor). All royalty-free music downloaded from this website is licensed by Maura ten Hoopen and it is protected under the laws of the Netherlands and international treaty provisions.
It is not allowed to register the music with a PRO like, but not limited to, Buma Stemra, Gema, ASCAP and BMI. The same applies to neighboring rights PROs such as Sena and SoundExchange.
Maura ten Hoopen shall retain the entire right, title, and interest in and to all intellectual property rights associated to Maura ten Hoopen music and all copies thereof.
4. About the license
This license has no expiry date. Provided that your payment is received in full, you can continue to use the purchased music indefinitely.
Once your initial payment is received you will not have to pay any ongoing fees of any type. Our music is truly royalty-free.
This music license is granted to one person, or to one business entity.
5.1 Maura ten Hoopen warrants that:
– The music will be free from defects.
– Maura ten Hoopen has the rights and authority to grant you the rights described in this license.
– Maura ten Hoopen shall not be responsible to you or any other person for damages, costs, or losses out of your use of the music.
– Maura ten Hoopen is not responsible for any damages, costs, or losses as a result of modifications made to the music by you or the context in which the music is used in your work.
5.2 Maura ten Hoopen will not be liable for indirect damages, including consequential damages, lost income, lost savings, and business interruption is excluded.
5.3 In no event shall Licensor’s liability under or in connection with this License Agreement or the subject matter hereof, under any legal or equitable theory whatsoever, including breach of contract, tort (including negligence), strict liability, and otherwise, exceed the amount of the fee paid to Licensor for the applicable License.
6. Unauthorized Use
6.1 Any use of the music in a manner not permitted under terms of this license is a violation of copyright. Maura ten Hoopen is entitled to end your right to use the music at once upon your violation of the license terms, without prejudice to other legal rights and remedies available which Maura ten Hoopen wishes to exercise on a worldwide scale.
6.2 Use of the Master(s), including as part of projects, in the context of pornography, racism, hatred, and discrimination against any person or based on race, religion, gender, sexual orientation, community or nationality, threats, hurting the helpless, defamation and any other offensive content is prohibited. A determination of inappropriate use is subject to Licensor’s discretion and any license found to violate these terms will be immediately suspended, without prejudice to Licensor’s right to damages.
6.3 At time of termination, you shall stop using the music and shall delete or destroy all copies of the music. This shall not relieve you of paying any related license fees and/or indemnification to Maura ten Hoopen. You shall also be responsible for any damages resulting from any unauthorized use, including any claims by a third party.
7.1 All agreements are governed by the laws of the Netherlands.
7.2 The parties will initially attempt to resolve any disputes relating to these general terms and conditions and the underlying agreement(s) amongst themselves.
7.3 If the parties do not reach an agreement together, the dispute will be settled by the competent court in the Netherlands. Wherever possible, disputes will be submitted to the competent court in the place where the Licensor is domiciled, unless the Licensor, as the claimant or applicant, opts to submit the dispute to another court.
8. Other provisions
8.1 If the Licensor is held to be substantially in the right in legal proceedings, the full costs which he has incurred in connection with those proceedings will be borne by the Licensee. All actual costs of legal assistance reasonably incurred by the Licensor out of court for the performance of an agreement concluded with the Licensee will also be borne by the Licensee.
8.2 If any provision of these General Terms and Conditions or of the underlying agreement should be wholly or partially void, invalid and/or unenforceable on account of any statutory provision, judicial decision or otherwise, that will not affect the validity of the other provisions of these General Terms and Conditions and the underlying agreement.
8.3 In the event of bankruptcy, suspension of payments and/or application of the Debt Rescheduling (Natural Persons) Act of the licensee, the licensor has the right to terminate the agreement in whole or in part with immediate effect.