Definitions
The following terms shall have the meanings set forth below:
a) "Project" is defined as a single audio, multimedia, or audiovisual creation.
b) "Items" are defined as the sound recordings and musical compositions downloaded from the FiftySounds library during the term of the Licensee’s Subscription.
c) "Author" is defined as the owner of the Items.
d) "Subscription Period" is defined as the time interval (annual) during which the Licensee maintains an active account through the payment of the corresponding fee.
Terms and Conditions
This agreement grants you, the purchaser, a non-exclusive, non-transferable, non-sublicensable, and worldwide license to reproduce, modify, adapt, and use the music tracks and sound effects (hereinafter, the "Items") in synchronization with other audio and/or audiovisual productions, provided that the Item does not constitute the primary basis for the creation of a new musical work or song, across unlimited projects.
This license authorizes the Licensee to use the Items in their own projects or in projects created for third parties (clients), provided that the Item is delivered synchronized within a Final Project and not as a standalone audio file.
Permitted usage includes the following:
a) Personal projects, wedding videos, school or university assignments, and student films.
b) Online streaming (monetized YouTube and Vimeo videos).
c) Websites, blogs, and social media (personal, professional, and commercial use).
d) Podcasts, slideshows, private presentations, and PowerPoint decks.
e) Corporate and commercial videos, product launches, and online talk shows.
f) Online advertising: web promotions, digital ads, audio logos, and idents.
g) On-hold music for telephone systems and automated attendants for SMEs and large corporations.
h) FM Radio Stations (cable, satellite, radio broadcasting), public venues, points of sale, festivals, trade fairs, and conventions (unlimited audience).
i) Cinema, regional and national TV broadcasting, TV commercials, and motion pictures, regardless of the transmission method—including cable, satellite, IPTV (unlimited audience)—as well as any type of free or subscription Video-on-Demand (VOD) and Pay-Per-View (PPV) channels.
j) Talk shows, series and sitcoms, short films, documentaries, and trailers.
k) Performing arts: theatrical plays, dance performances, fireworks displays, dance classes, live shows, and public events.
l) Apps, software applications, mobile apps, DVDs, and PC/console video games (unlimited number of physical and digital copies).
Validity and Coverage:
• Project Creation: The right to download and synchronize Items into new productions is valid only during the Subscription Period.
• Rights in Perpetuity: All Projects created, finalized, and published during the Subscription Period shall retain the rights granted by this license permanently and in perpetuity. This guarantees that such projects may continue to be exploited and distributed without time limits or additional costs after the termination of the agreement.
• Termination of Subscription: Upon the expiration or cancellation of the subscription, any new Project using previously downloaded Items will no longer be covered by this commercial license.
The Licensee acknowledges and agrees that any use of the Items outside of previously published Projects shall be subject to the terms of the FiftySounds Free License in effect at the time of such new publication (including mandatory attribution to the Author). It is the sole responsibility of the user to review and comply with these conditions as specified on the official website.
Limitations of Use
You are NOT authorized to:
a) Sell, transfer, sub-license, or assign the Items or the rights granted under this agreement to any other party.
b) Resell the Items on their own or as part of a bundle, except as specifically incorporated into your project.
c) Make any direct use of the Items, particularly by making them available via direct download or as part of a compilation.
d) Claim to be the creator or the copyright holder of the Items.
e) Use the Items in a fraudulent, illegal, defamatory, offensive, or discriminatory manner, or in any way that promotes, solicits, or encourages the infringement of intellectual property rights, including the Author's moral rights.
f) Use scripts, bots, or any automated mass-download methods to scrape or extract the FiftySounds catalog.
g) Register any Item (including songs that use the Item as a musical backing) in content identification systems (such as YouTube Content ID) or digital distribution services. This ensures that FiftySounds music remains available to all licensees without third-party claims.
h) Use the Items (including recordings, compositions, and metadata) for the training, development, or refinement of Artificial Intelligence (AI) algorithms, machine learning models, or synthetic music generation systems. Furthermore, the use of "data mining" or "scraping" techniques on the catalog for these purposes is strictly prohibited. In accordance with Article 4(3) of Directive (EU) 2019/790, the Author expressly reserves all rights to use the Items for text and data mining purposes. This reservation of rights applies to all content within the library.
i) Create derivative musical works: It is strictly prohibited to use the Items as a musical backing, accompaniment track, or sample to create new musical compositions, songs, or phonographic pieces (e.g., adding vocals to create a Pop, Rap, Trap song, etc.). This license only authorizes the synchronization of the music with multimedia projects, not its transformation into a new musical work.
j) Use any vocal fragments contained within the Items for the training of voice synthesis models or AI-driven voice cloning.
k) Perform any modifications, edits, or treatments of the Items that result in a distortion, modification, or alteration of the work in a manner that could prejudice the Author's legitimate interests or reputation, in accordance with the provisions of Article 14 of the Intellectual Property Law.
Ownership
You hereby acknowledge that the Author is and remains the owner of all rights to the Items, including, but not limited to, the copyrights therein. This license is non-exclusive, and the Author reserves the right to sell licenses for the Items to third parties at their sole discretion.
Rights
The Author declares that they do not belong to any collective management organization (such as SGAE, BMI, or ASCAP); this means the Items are not registered with any copyright management society. However, the Author cannot guarantee that you will not be required to pay performance royalties or any other similar fees to local Performance Rights Organizations (PROs) or similar collective management societies under specific local laws or statutes.
Fees
In consideration for the license grant contained in this agreement, you agree to pay an Annual Subscription Fee plus all applicable taxes and VAT. The subscription will automatically renew unless cancelled before the renewal date. Once the charge has been processed, the fee is non-refundable. Cancelling the renewal does not entitle the user to a prorated refund for the unused portion of the period, but allows for continued downloads until the end of the contracted term.
You are responsible for providing a valid payment method for all fees and related charges. You agree to receive all invoices electronically, including via email.
The validity of this License is contingent upon the presentation of the purchase receipt or invoice issued by Gumroad, identifying the Licensee and the effective dates of the subscription.
Availability
The Author makes every reasonable effort to ensure that the content within the online library is available at all times. However, the Author makes no representation or warranty that the Items will be available at all times. The Author may discontinue the licensing of any Items at their sole discretion.
Limitation of Liability
The Author accepts no liability for any loss of business, loss of opportunity, or commercial profits resulting directly or indirectly from the use of the Items. The Author’s total liability under this agreement arising from your use of the Items shall be limited to the annual subscription fee paid by you.
You hereby agree that this license is granted to you without any further warranty or remedy. Furthermore, the Author shall not be liable for any costs, claims, damages, or losses resulting from any modifications made to the Items by you or the context in which the Items are used.
The Licensee agrees to indemnify and hold harmless the Author against any claims, damages, or costs arising from the use of the Items in contexts that violate local laws or third-party rights.
Representations and Warranties
The Author warrants that your use of the Items in accordance with this license agreement does not infringe upon the rights of any third party, including copyrights, privacy rights, or publicity rights. You represent and warrant that you possess all necessary rights and authority to execute this agreement. If you are licensing the Items on behalf of a third party, you warrant that you are authorized to act as an agent for that third party and have full power and authority to bind the third party to this agreement; you shall be held liable for any failure by such third party to comply with the terms of this agreement.
Reservation of Rights
All rights not expressly granted to you by the Author pursuant to this agreement are specifically reserved by the Author. Except as expressly set forth in this agreement, nothing contained herein shall be deemed to convey or transfer to you any ownership interest, including copyrights, in or to the Items.
Human Authorship Guarantee
The Author warrants that 100% of the Items available in the library have been created through original human performance and intellect, without the use of Generative AI tools that infringe upon third-party rights.
Breach and Termination
In the event of a breach of this agreement by you, the Author may rescind this agreement and revoke any licenses granted herein. Such termination shall take effect immediately upon notice to you, at which point you must immediately cease all use of the Items in any project and in any manner.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in all respects in accordance with the laws of Spain. For the resolution of any dispute, litigation, or claim arising from the interpretation or execution of this agreement, the parties expressly submit to the exclusive jurisdiction and competence of the Courts and Tribunals of Burgos, Spain, waiving any other jurisdiction that may apply to them, except in cases where mandatory consumer protection laws establish the user's domicile as the competent jurisdiction.