Terms of service for free downloaded beats

Downloading a tagged beat does not reserve rights to the beat for any form of future licensing. The person disobeying these rules will likely face a law suit for copyright infringement.

Once Licensee has reached the allowed number of sales and any other limits concerning his license agreement, no more sales can be made after the sales cap is reached. Licensee expressly agrees to remove his song from any marketplaces, stores, etc.

A beat can be leased to more than one person at the same time until exclusive rights are sold to the beat. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing and licensing.

You the licensee cannot sell, loan, rent, lease, assign, remix, re-arrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or the corresponding rights to another person or third party example — Record Label, another production company, another producer, another artist , or for use in any competitive product. Used under license. Instead of an allowed circulation of up to 2.

Licensee may split earnings for both types of public performances. Youtube Monetization is not allowed with Premium Leasing Rights. Licensee may use beat composition s in song s , used in public performances such as both profitable live shows and monetized profitable videos e.

Licensee may split earnings for both types of public performances and decide himself how he wants to use his total earnings limit for the 2 types of public performances that are allowed!

In this case Licensee waives his rights to sell his music as physical or digital copies unit related. There is no sales cap earning-limit related to unlimited leasing rights, other than the license being valid for 3 years. After license has expired, licensee has option to renew his license by purchasing a new unlimited leasing rights license for another 3 years, a different non-exclusive license down-grade or upgrade to exclusive rights if still available.

This renewal-, downgrade-, or upgrade-option for licensee stays unaffected by any exclusive rights sale. Licensee may distribute his songs in digital or physical form, as singles, EPs, LPs, soundtracks, etc. This is necessary and entitles licensor to maintain the administrative and legislative rights to the beat-composition, in order to be able to ensure non-exclusive license owners administrative guidance and license-warranties.

Furthermore beats purchased with exclusive rights will no longer be offered for sale in any one of our stores and marketplaces! Previous non-exclusive rights being sold before the beat has been sold exclusively are not affected hereby and stay valid until the sales cap has been reached. License owners of non-exclusive rights may upgrade their current non-exclusive license to a higher or lower non-exclusive license if available.

It is therefore possible that a beat has been leased several times before exclusive rights are sold. Upon request, a sold beat may be removed from any website and marketing space where it has been offered for sale by the licensor, if licensor agrees to. This excludes demonstrational videos e. Licensee hereby represents and warrants that no selections, materials, ideas, or other properties furnished by Licensee and embodied or contained in any Derivative Master s or Derivative Composition s , nor the exercise by BeatStars of any of its rights hereunder, will violate or infringe upon any law or statutory right of any third party, including without limitation copyright, trademark right or right of publicity or privacy.

Licensee hereby represents and warrants to the extent you are the songwriter of any or all of the musical works embodied in Your Content, whether in whole or in part e.

Licensee hereby represents and warrants you have not assigned any of the rights in an to the sound recordings embodied in Your Content to any third party e.

Any termination notice provided by you pursuant to this section shall be permanent and irreversible. BeatStars is not responsible and has no liability for any delays of our Licensees in removing Your Content from any websites or services owned or operated by such Licensees.

BeatStars may, but need not, provide you with notice in the event BeatStars terminates or allows to expire any authorizations previously granted to a Licensee for the distribution of Your Content. Nothing in this Agreement shall limit any remedies you may have at law or in equity against any Licensee that is using Your Content in violation of the terms of any license granted to such Licensee by you or BeatStars.

The expiration or termination of the Agreement will not relieve either you or us from our respective obligations incurred prior to the effective date of your termination of the Agreement. In addition, provisions of this Agreement intended to survive the termination of this Agreement shall survive termination, including, but not limited to, the Indemnification, Disclaimers, Limitation of Liability; Basis of the Bargain, and General Provisions.

Except as otherwise set forth in an Addendum, you will have the discretion to set the pricing for the sale of Your Content on the Website. Notwithstanding the foregoing, BeatStars and its distributors and partners may set pricing differently for third-party websites than for the Website, including, by way of example and not limitation, to cover additional costs or to provide discounts for promotions. BeatStars reserves the sole and exclusive right to set the pricing for any digital audio transmissions of Your Content, whether on an interactive or non-interactive basis, provided that Your Content will be priced the same as all other content on the Service licensed by BeatStars for interactive or non-interactive digital audio transmissions.

You will also be subject to additional set up fees and charges as more fully explained on the Website, including, but not limited to, fees for BeatStars administering mechanical royalties for the reproduction and distribution of musical works as applicable , as such fees and charges may be updated by BeatStars from time to time, and you are responsible for reviewing those fees and charges. Licensee Records. BeatStars, may, but need not, audit the books and records of Licensees and may accept any representations made in a Licensee accounting statement delivered to BeatStars as true and complete.

BeatStars shall have no liability to you for failure to audit or investigate any accountings rendered to it by any Licensees. You hereby authorize BeatStars to offset against any amounts owed to you pursuant to this Agreement any amounts that you may owe to BeatStars, whether under an indemnification provision or for costs, expenses, and deductions authorized in this Agreement.

You may have your CPA make those examinations only for the purpose of verifying the accuracy of the statements sent to you. Your CPA may make such an examination for a particular statement only once, and only within one 1 year after the date we send you that statement.

Your CPA may make such an examination only during our usual business hours, and only at the place where such books and records are maintained in the ordinary course of business. You must provide us with thirty 30 -days written notice prior to commencing an audit and must identify the name, address, telephone number, and email address of the CPA conducting the audit on your behalf. You may not engage the CPA on a contingent fee basis i. In the event of any postponement initiated by us, the running of the time within which the examination may be made will be suspended during the postponement.

Your CPA will not be entitled to examine any other records that do not specifically report sales or other licensed uses of Your Content for which BeatStars has actually received payment. Your CPA may act only under an acceptable confidentiality agreement, which provides that any information derived from such audit or examination on your behalf will not be knowingly released, divulged, published or shared with any other person, firm or corporation, other than to you or to a judicial or administrative body in connection with any proceeding relating to this Agreement.

Your CPA may not share the results of the examination conducted on your behalf with any third party without our express written permission. Objection to Accountings. Unless otherwise prohibited by law, you will not have the right to sue us in connection with any statement, or to sue us for unpaid royalties for the period a statement covers, unless you commence the suit within that eighteen 18 -month period.

If you commence suit on any controversy or claim concerning statements rendered to you under this Agreement in a court of competent jurisdiction, the scope of the proceeding will be limited to a determination of the amount of royalties due for the accounting periods concerned, and the court shall have no authority to consider any other issues or award any relief except recovery of any royalties found owing.

Your recovery of any such royalties plus interest shall be the sole remedy available to you by reason of any claim related to our statements. Tax information.

Notwithstanding the above, in all events, you acknowledge and agree that you are ultimately responsible for the payment of any Sales Tax owed in connection with the sale or distribution of Your Content pursuant to this Agreement, and you hereby indemnify BeatStars for any Sales Tax that may be owed in addition to those amounts collected and remitted on your behalf by BeatStars. Your Obligations You, or a licensee acting on your behalf, will be responsible for obtaining and paying for any and all clearances or licenses required in the Authorized Territory or any portion thereof for the use of any musical works embodied in Your Content.

Parental Advisory Labeling. Rights of Others When using the Service, you must respect the intellectual property and other rights of BeatStars and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

BeatStars may also remove Your Content from the Website if you are abusive or rude or provide false or intentionally misleading information to any BeatStars employees or agents. BeatStars shall have no liability to you for the removal of any of Your Content from the Website or any Licensee website or service other than to provide you a credit but not a refund for any fees previously paid by you for making Your Content available via the Website or through Licensees.

The removal of any of Your Content shall not relieve BeatStars of the obligation to pay you any royalties that may have accrued prior to the removal of Your Content. In order for you to terminate this Agreement following the removal of any of Your Content, you must send BeatStars a Termination Notice. You hereby represent and warrant that the information you provide to BeatStars upon registration will be true, accurate, current, and complete.

As a registered user of the Services you will have login information, including a username and password. Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party, other than an agent authorized to act on your behalf.

As you will be responsible for all activity that occurs under your Account, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the Website. You agree to notify us immediately of any breach in secrecy of your login information. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party not authorized by you, then you agree to immediately notify BeatStars by e-mail to support BeatStars.

You will be solely responsible for the losses incurred by BeatStars and others including other users due to any unauthorized use of your Account that takes place prior to notifying BeatStars that your Account has been compromised. You acknowledge, consent, and agree that BeatStars may access, preserve, and disclose your Account information and Your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to i comply with legal process; ii enforce this Agreement; iii respond to a claim that any of Your Content violates the rights of third parties; iv to respond to your requests for customer service; or v to protect the rights, business interests, property or personal safety of BeatStars and its employees and users, and the public.

In addition, we cannot guarantee that Licensees will perform under any agreement they enter into with BeatStars for the sale, distribution or licensed use of Your Content, including by paying the royalties they owe us for the distribution of Your Content. Prohibited Use of the Website and Licensee Websites and Services You agree not to use the Website, the Services, and any services provided by Licensees, for any unlawful purpose or in any way that might harm, damage, or disparage BeatStars, its Licensees or any other party.

Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information; Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information towards BeatStars staff, employees, or affiliates.

Create a false identity or impersonate another for the purpose of misleading others as to your identity, including, but not limited to, providing misleading information to any feedback system employed by BeatStars; Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful, damaging or deleterious software programs; Interfere with or disrupt the Website, networks or servers connected to the Website or violate the regulations, policies or procedures of such networks or servers; Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in Your Content; or Use the Website in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

Availability of Service and Content BeatStars may make changes to or discontinue any aspects of the Services and any of the features, media, content, products, software or services available via the Website, at any time and without notice and without liability to you. The features, media, content, products, software or services available on and through the Website may be out of date, and BeatStars makes no commitment to update any aspect of the Website.

BeatStars makes no representations and warranties with respect to availability of the Website and may discontinue the Service at any time with or without notice. You are solely responsible for maintaining back-up copies of any elements of Your Content uploaded to the Website or otherwise delivered to BeatStars as Physical Product.

BeatStars may immediately suspend or terminate the availability of the Service and Content and any elements and features of them , in whole or in part, for any reason, in BeatStars' sole discretion, and without advance notice or liability. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.

All rights not expressly granted to you are reserved by BeatStars and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited. Prior to the purchase of any products or services, you must provide us with a valid credit card number and associated payment information including all of the following: i your name as it appears on the card, ii your credit card number, iii the credit card type, iv the date of expiration, and v any activation numbers or codes needed to charge your card or otherwise use a valid gift card.

For any product or service that you order on the Service, you agree to pay the price applicable including any sales taxes and surcharges as of the time you submit the order. BeatStars will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

Your subscription will continue in full force for the length of the term you specifically purchased or on a month-to-month term until such time as you cancel the subscription as further explained below the "Subscription Term". In the event that you cancel a subscription in the middle of your Subscription Term, you will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. BeatStars shall have the right to terminate these Terms and suspend your access to your subscription with or without cause, upon thirty 30 days written notice to you in which case you will no longer be charged for access to the subscription.

Upon the expiration or termination of these Terms for any reason, your access to, and your use of, your subscription will terminate. Please be aware that when you sign up for a free trial, you will be required to provide your credit card number and BeatStars will confirm your credit card is valid.

When we process your credit card, some credit card companies may place a temporary hold on your account for your first payment. Please contact your credit card company if you have questions. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. Auto-Renewal of Membership Your subscription to the applicable subscription on the Service will automatically renew at the end of your Subscription Term continuously and indefinitely without action by the member, and the membership fee is charged to the member at the time of renewal.

An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is cancelled by the enrolled member as set forth in the paragraph below. By providing your payment method information for your subscription, you are agreeing to pay a subscription fee, that will automatically renew, at the then current rate, unless you cancel prior to the expiration of the current Subscription Term, and any applicable taxes and service fees collectively, "Fees".

The Fees will be charged to your original payment method automatically at the beginning of your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of your current Subscription Term, unless you cancel your subscription or your account is suspended or terminated pursuant to these Terms.

The renewal Subscription Term will be the same length as your initial Subscription Term unless otherwise disclosed to you at the time of sale. The rate for the renewal Subscription Term will be the then current subscription-rate. The Fees charged to your payment method may vary from Subscription Term to Subscription Term due to changes in your subscription plan or applicable taxes, and you authorize BeatStars to charge your payment method for these amounts.

BeatStars reserves the right to change the pricing of subscriptions at any time. In the event of a price change, BeatStars will post the new pricing on the Service and attempt to notify you in advance by sending an email to the address you have registered for your account. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to you.

If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify BeatStars within sixty 60 days after they first appear on an account statement. Cancellation of Membership A member will have the right to cancel your subscription at any time upon notice to BeatStars by email at support BeatStars.

Cancellation of initial membership any time after purchase will result in forfeiture of the membership fee. To avoid a late cancellation fee or forfeiture of the membership renewal fee, membership should be cancelled prior to the end of the then current Subscription Term.

Upon cancellation, the member loses access to the areas of the Service designated for members only. This could include any credit and other data and analyses that have been displayed during your membership. To the extent that you continued to get charged after cancellation of your membership due to BeatStars error or otherwise, you agree that your sole remedy will be to receive a refund from BeatStars for the overcharged amounts.

We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder.

You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your purchases including any applicable taxes at the rates in effect when the charges were incurred. Unless you notify BeatStars of any discrepancies within sixty 60 days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.

If BeatStars does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by BeatStars or its agents.

You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. BeatStars shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.

Refund Policy All purchase transactions made through the Service are subject to BeatStars' return policy in effect at the time of purchase. Currently, BeatStars' refund policy is to not offer any refunds for any subscriptions or products purchased through the Service, except in our sole and absolute discretion. Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

BeatStars reserves the right at any time after receipt of your order to accept or decline your order for any reason. BeatStars further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Your order will be deemed accepted by BeatStars upon our delivery of products or services that you have ordered.

We may require additional verifications or information before accepting any order. On top of that, it should be written in a language that everyone can understand and kept as short as possible. All of these things improve the chances of people reading the document. On top of that, all of these things give you leverage in court, as they show that you made an effort to help visitors read your ToS and comply with it.

The more times your visitors are required to comply with your terms of service and agree to it , the better the chances are for it to be enforceable.

Make sure that you explicitly ask the user to agree at the initial step of the buying process and then follow up with one or two more steps where they are required to do this as well. It's important not to push it too far or you might turn away potential customers. Create a business and regulation balance, so that you don't fail at the end. You won't be able to make your TOS enforceable by just putting a terms of service link somewhere on the bottom. Even if you are able to follow all the guidelines with your terms of service, you still won't ensure it's enforceable if it doesn't comply with traditional contract rules.

This is why apart from everything else, you still need an attorney to look at your whole TOS and make sure that no traditional rules are broken. Simply put, these contract rules are stronger in court and all of the things written in your document won't matter if the document itself does not honor these rules. If you force people to say yes, without giving them the option to reject your terms of service, it won't stand up in court. The reason for this is quite simple, this proves that the customers didn't agree to anything voluntarily and this discredits your document right away.

Terms of service updates are a normal thing and when you make changes it's essential to point out the date when they were made so that you always have insights into which version was active at which date. Also, make sure that you notify all of your old customers of the update, show them the changes you've made and ask them if they want to consent to the new one. This generic terms of service template will help you see how everything we talked about so far comes together to form a legal agreement.

Keep in mind that this is just an example terms of service template and does not cover many of the important topics. Please read these terms of service "terms", "terms of service" carefully before using [website] website the "service" operated by [name] "us", 'we", "our". We will provide their services to you, which are subject to the conditions stated below in this document.

Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully. Before you continue using our website we advise you to read our privacy policy [link to privacy policy] regarding our user data collection.

It will help you better understand our practices. The entire compilation of the content found on this website is the exclusive property of [name], with copyright authorship for this compilation by [name].

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us.

We will continue to communicate with you by posting news and notices on our website and by sending you emails. The free downloads contain tags and these tags may not be removed under no circumstances.

Master Use. Additionally licensor shall be permitted to distribute unlimited free internet downloads or streams for non-profit and non-commercial use. This license allows up to five hundred thousand monetized audio streams to sites like Spotify, RDIO, Rhapsody but not eligible for monetization on YouTube.

Performance Rights. The Licensor here by grants to Licensee a non-exclusive license to use the Master Recording in Unlimited non-profit performances, shows, or concerts. Licensee may receive compensation from performances with this license. Synchronization Rights. The Licensor hereby grants limited synchronization rights for one 1 music video streamed online Youtube, Vimeo, etc..

A separate synchronization license will need to be purchased for distribution of video to Television, Film or Video game.

Broadcast Rights. The Licensor hereby grants to Licensee a non-exclusive license to broadcast or air the Master Recording in two two 2 radio stations through two 2 station channels, respectively.

The Licensee shall not be permitted to receive compensation for such broadcasting.