Terms of sale

1. Who we are and what these terms cover

These terms are between ZAWA Music Inc. ("ZAWA", "we", "us"), a company based in British Columbia, Canada, and the person or company buying ("you"). We sell non-exclusive licences to music, beats, sample packs, drone footage and images through zawa.ca.

Together, these Terms of Sale, the licence terms for the product you choose, Delivery and refunds, Content ID and claims, and Performance rights and PROs make up the agreement between us (the "Agreement").

2. Accepting the Agreement

You accept the Agreement when you tick the agreement box at checkout and pay. If you are buying for a company, you confirm that you can bind it. You confirm you are old enough to enter a contract where you live.

We record the version of the terms in force at the time of your order. That version number appears on your licence certificate.

3. Which document wins

If documents conflict, the order is: a written agreement signed by both of us, then the licence terms for your product, then these Terms of Sale, then anything on a product page, preview, summary or email. The tier summaries on this site are a convenience. The licence terms govern.

4. A licence, not a sale of ownership

ZAWA keeps all ownership of the music, recordings, beats, samples, footage and images, including the copyright. You buy a limited licence to use them as the licence terms allow. All rights not expressly granted are reserved by ZAWA.

Licences are non-exclusive unless a separate written agreement says otherwise. ZAWA may license the same work to others.

5. Prices, tax and payment

Prices are in Canadian dollars (CAD) and are shown before tax. Goods and Services Tax (GST), provincial sales tax and other taxes are added where the law requires us to collect them. You are responsible for any tax that applies to you and that we are not required to collect, including import, use or sales taxes where you live.

Payment is taken by PayPal. PayPal's own terms and any currency conversion fees apply to your payment. Files are delivered after payment is received.

6. Licence certificate and records

With your files we email a licence certificate. It shows a licence ID, the work, the tier, the licensee, the date and the terms version. Keep it. It is your proof of licence if a platform, client or broadcaster asks.

Keep a record of where you use the work. If we ask, you will tell us the projects and places where you used it, within a reasonable time.

7. What is never allowed

Reselling, sublicensing, sharing or redistributing the original files, stems, samples, footage or images, alone or in a bundle, library, pack, stock site, plug-in or app.,Using the work, or any file you receive, to train, fine-tune or test an AI or machine-learning model, or to generate similar music, voices, footage or images.,Registering the work, or any project that contains it, in YouTube Content ID or any other content-identification or fingerprinting system, or claiming it as your own.,Using the work as a trademark, logo, ringtone or as the main theme of a product, brand or show, unless a written agreement allows it.,Using the work in a way that is unlawful, defamatory, hateful, sexually explicit or harassing, or that suggests the artist endorses a product, person, cause or political party.,Removing or changing credits, watermarks or metadata in a way that hides the source.

8. Previews

Previews on this site and on streaming services are for listening and evaluation only. They are not a licence. Downloading, ripping or extracting audio, footage or images from this site for use outside a purchased licence is not permitted.

9. Breach and termination

If you break the Agreement, we may send you written notice. If you do not fix the breach within 14 days, we may end the licence. A breach that cannot be fixed, such as reselling files, using them to train AI or registering them in Content ID, lets us end the licence immediately by notice.

When we end a licence for breach, the rights revert to ZAWA, and you must stop new uses and take down projects that contain the work within 14 days. Fees already paid are not refunded, and we may claim what the law allows.

10. What we promise

We promise that we own or control the rights needed to grant the licence, and that, to our knowledge, the work does not infringe anyone else's rights. We give no other promises, express or implied, about the work, including fitness for a particular purpose, to the extent the law allows.

Footage and images do not come with model or property releases unless the item is marked as released. See the Footage and image licence.

11. What you promise and indemnity

You promise to use the work only as the licence allows, and that the other material in your project is yours or properly licensed.

You will cover us for third-party claims, losses and reasonable legal fees that come from your breach of the Agreement or from material you add to your project.

12. Limits of liability

To the extent the law allows, our total liability to you under or about the Agreement, however it arises, including negligence, is limited to the licence fee you paid for the licence in question.

To the extent the law allows, we are not liable for indirect, special or consequential loss, loss of profit, loss of revenue, loss of data, or loss of monetisation caused by a Content ID claim, a platform decision or a takedown, even if we were told it might happen.

Nothing in the Agreement limits liability for fraud, wilful misconduct, death or personal injury, or any liability the law does not allow us to limit.

13. If you are an individual buying for personal use

If you are an individual buying for personal, family or household purposes, nothing in the Agreement limits the rights you have under consumer protection law. If a term would be void or unenforceable against you under that law, it does not apply to you. We do not require individual consumers to use arbitration and we do not ask them to give up class proceedings.

14. Governing law and disputes

The Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have non-exclusive jurisdiction.

Before starting any proceeding, contact us at the email below with the licence ID and a short description. We will reply within five business days and try in good faith to settle it.

15. Transfer

You may not transfer the licence to anyone else, except to a successor who acquires all or substantially all of your business, and only if you tell us in writing and the successor accepts the Agreement. ZAWA may transfer its rights to a successor or to a person who acquires the work.

16. Changes to these terms

We may change these terms for future orders. The version in force when you ordered governs that order, and we will not take away rights we have already granted you.

17. General

This is the whole agreement between us about the subject. It replaces earlier discussions.,If a part is unenforceable, the rest still applies.,Not enforcing a right at once does not waive it.,We may give notices by email to the address on your PayPal account or order. Electronic records and acceptance count as writing and signature where the law allows.

18. Contact

ZAWA Music Inc., Penticton, British Columbia, Canada. Email zawamusicinc@gmail.com. Subject line: Licence.