Buybeats.com Terms and Conditions
IN USING THIS WEBSITE AND UPLOADING INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 13 YEARS OF AGE OR OLDER AND THAT YOU HAVE THE AUTHORITY TO UPLOAD INFORMATION TO THIS WEBSITE. VISITORS TO THIS WEBSITE UNDER THE AGE OF 13 MAY NOT REGISTER OR OTHERWISE UPLOAD INFORMATION TO THIS WEBSITE.
Use of Website
The Company authorizes you to view and access a single copy of the content available on or from www.Buybeats.com (the "Website" or "Websites") solely for your use.
This Website may be used only for lawful purposes of uploading audio tracks, videos, beats, and information related to the music business. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company in its sole discretion, including but not limited to:
The uploading or storage of files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
Taking any action that imposes an unreasonable or disproportionately large load on this Website 's infrastructure.
If you have a password allowing access to a non-public area of this Website, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Company and other generally available third party web browsers.
Attempting to decipher, decompile, disassemble or reverse engineer any part of this Website or the software comprising this Website.
Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
Framing of or linking to any of the Website content or information available from this Website.
Participating in a denial-of-service attack against this Website or against any other website or computer environment by using this Website.
Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this Website any material that is unlawful or violates the rights of others.
Engaging in any screen scraping or data acquisition and consolidation.
- Infringing the intellectual property rights of others in any way.
- Making any unauthorized commercial or non-commercial use of this Website.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You are aware and acknowledge that listing details on this Website's databases are public, may be seen by anyone viewing this Website, and that these details may be indexed by search engines. Visit the privacy settings page of the Website to see your current privacy settings and make adjustments.
The Company makes no guarantee that users who upload content and information will receive any benefit from their use of this Website.
By submitting data and information to any public or non-public area of this Website, you grant Company the royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the data and information (in whole or in part) worldwide and in all mediums for the full term of any rights that may exist in such content. You also permit any subscriber or visitor to this Website to access, display, view, store, and reproduce such content. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
The Company reserves the right with regard to any audio track, video, beats or other information or data uploaded to this Website, in its sole discretion, to remove, watermark, promote its appearance and presentation on this Website, further syndicate, to reference, to use any audio track, video, beats or other information or data uploaded to this Website in social media/social contexts and markets, and to generate revenue from the advertisements or other promotional activity that may occur on this Website or seen as part of the viewing process. The Company also reserves the right to highlight or profile a customer/video at its sole discretion on this Website or within specific categories or sections on the Website.
Additional Representations and Warranties
All users who upload audio tracks, videos, beats, and other information related to the music industry hereby warrant and represent that:
- You have the full right, power and authority to enter into this Agreement and to grant all rights granted herein, that you are not under nor will it be under, any disability, restriction or prohibition with respect to its rights to fully perform in accordance with the terms and conditions of this Agreement and that there shall be no liens, claims or other interests which may interfere with, impair or be in derogation of the rights granted herein.
- The compositions are freely available for use by Company for the purposes set forth herein
- Any party who may be entitled to your services, including but not limited to management, shall have given a written waiver or permission of the grant of rights in connection with the Company's use of the audio tracks, videos, beats and other information provided by you.
- Where you are a representative of a band or group you have the authority to bind such band or group to the terms set forth herein.
- The Company shall not be required to make any payments of any nature to any third party for, or in connection with, the exercise or exploitation of rights granted by you herein, including but not limited to performance rights organizations.
- You own or control 100% of the audio tracks, videos, beats. and any other information provided by you, and the holder of any rights, including moral rights in such music, videos, or any other information has completely and effectively waived all such rights and has irrevocably granted to you the right to grant the license described in this Agreement.
- If you are under the age of eighteen, you have the approval of a parent or legal guardian.
- You understand and acknowledge that the Company has the free use of the audio tracks, videos, beats, and other information as provided herein.
In addition to the other indemnification set forth herein, you hereby agree to defend, indemnify and hold Company, including but not limited to, its directors, officers, employees, agents, representatives, and assigns, harmless, from and against any damages, liabilities, costs and expenses, including reasonable attorneys' fees actually incurred, arising out of or in any way connected with any claim, demand or action inconsistent with this Agreement or any warranty, representation or agreement made by you herein.
Use of Website Content
The Company expects that you will use caution and common sense when using this Website as this Website is only an information database. Any reliance upon the information found on this Website will be at your own risk. You alone are responsible for your choices and actions.
The Company reserves the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the site.
The Company is not responsible if data and information that is made available on this Website is not accurate, reliable, complete, timely, or current, and the Company does not assume any responsibility for errors, inaccuracies, typographical errors, or omissions. For all visitors to the Website, the content on the Website represents the information as at the date of publication. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. It is solely up to the visitors to this Website to check and confirm that details are recorded correctly.
Company is under no legal obligation to, and generally does not, control the audio tracks, videos, beats and other information related to the music industry provided by other users that is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company does not conduct criminal background screenings of its users who upload audio tracks, videos, beats and other information related to the music industry to this Website and does not undertake efforts to authenticate this data and information provided by registered users, represent or guarantee the truthfulness, accuracy, or reliability of communications or uploaded files and information posted by users, does not endorse communications, uploaded data, and information posted by users, and has no liability or responsibility for any user submissions.
The Company accepts no responsibility for any agreements or contracts entered into by and between users of this Websites, and is not otherwise involved in the actual transactions between users of this Website and/or any third party. You may use a beat in a song/battle but only on the site.
The Company cannot verify or validate any references, written or otherwise, or accept responsibility of any kind concerning the credentials or information claimed by users who upload information to this Website. As a result, the Company has no control over the quality and safety or legality of postings or information uploaded to the Website. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, underage persons, including those who misrepresent their age, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this Website, and Company has no responsibility or liability for any encounters or transactions, online or offline, between you and any third party.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website; consequently in the event that you have a dispute with one or more users, you release the Company (and our agents, directors, officers and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 'If You are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The information contained on this Website is for informational purposes only, and the Company offers no express or implied guarantees or warranties regarding the accuracy, benefits, or effectiveness of any data and information obtained from this Website. The Company makes no express or implied guarantees or warranties that you will find that the information obtained through this Website will be satisfactory, complete, be of benefit, will be suitable for your own personal circumstances, or that you will conclude any transactions. You are solely responsible for deciding whether any of the information is suitable for your purposes. Visitors to the Website and those who use this information provided through this Website do so at their own risk, and the Website assumes no responsibility or liability whatsoever for any actions taken by users of the Website.
The Company has no liability or responsibility to users for performance or nonperformance of any activities in which visitors to this Website engage through the information provided by the Company or engage with third parties with whom they come in contact through this Website.'
Nothing contained on this Website is intended to provide advice of any kind, nor is it a substitute or replacement for any such advice. You are advised to consult with professionals, if necessary, with regard to any action you might undertake regarding the use of information on this Website. Further, The Company is not liable for any damages sustained upon your reliance on the information received through this Website.
We appreciate hearing from our users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the user or any other person who submitted the Submission.'
Registration and Password
You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.
Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that any copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner. Please note that under Section 512(f) of the United States Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
The name "Buybeats.com" or any variation thereof are solely owned by the Company and are trademarks or are otherwise legally protected. These trademarks, and any other Company trademarks and trade names, registered or unregistered, owned or licensed, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company. Any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Website are the property of their respective owners, and may not be used by you in any form.'
This Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation, and graphics) is the property of the Company and is protected by copyright laws of the United States of America and other countries. The Company reserves any rights not expressly granted to you.
You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content in any way for any public, commercial, or non-commercial purpose. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited.
COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER.
Addition Information and Clauses:
License to Buybeats.com
Testimonials of Producer battles posted to Buybeats.com e-mail or otherwise submitted to it will not be used by Buybeats.com for commercial purposes, without written or verbal consent from that producer.
Rules for Uploading Beats
Any beat that is being posted by a producer must be owned by the producer. Your beats are not allowed to be excessively tagged. You may not put a domain name in the voiceover tag. However, you may place a production name tag within the first 30 seconds of your beats.
Buybeats.com has no way to tell if a beat is sampled and they cannot be held liable for any sampled or falsely presented beats. The producers who claim this is their original work is to be held liable for any issues dealing with beat fraud or sampling. If a producer has obtained proper sample clearance to include a sample or multiple samples in their beats, they may indicate so when they upload their beats.
Rules for Removing Beats
Buybeats.com allows music producers to remove beats from the website. However, at its sole discretion may hold or disable the beat removal system for any reason whatsoever for an extended time period. Tournament beats cannot be deleted as they are used for exhibition and preserving Buybeats.com history.
Inactive Beats Stored On Buybeats.com
If you are not using the server space to actively promote and sell your beats, your beats must be removed from the website. If the beats are not removed, they will be placed back in the beat market.
As a producer on Buybeats.com you may set your suggested beat price. However, at Company's sole discretion beat prices may be changed for marketing or promotional sales for the good of the website.
Closing Your Buybeats.com Account
After you have removed all of your beats, you can request that Buybeats.com close your account from your member area.
Payment can either be with any major credit card using Stripe or a Paypal account. Payments for prizes, sales and affiliate sales are paid the following month on the 5th -15th.
Payments to music producers are paid the following month on the 5th -15th
In the event of any database failure or loss of payment data information, the producer will not hold BuyBeats.com "Company" liable for any amount that is owed. Company will use its best effort to recover lost data, but will not be responsible for any money lost in such an event.
Beat Transfer Fee
The beat transfer/brokerage fee is a $0.99USD fee that accounts for the service and space of transferring the beat to the buyer. The buyer pays for this fee. The cost is to ensure the beat is transferred as smoothly and error-freeBuyb as possible. This fee is subject to change at any time without notice.
Purchasing Beats on Buybeats.com
It is important to understand how the Non Exclusive beats work when you are buying beats on Buybeats.com
Non Exclusive Beats: A Non-Exclusive Beat is a beat where the producer is able to sell its rights multiple times. Even though you buy the rights to use the beat, you are not the only person who has limited rights to use the beat.
Exclusive Beats: An Exclusive beat sale is when you purchase a beat to be the sole (Exclusive) person to use it. Producers on buybeats.com make their own terms.
Fees for Selling
Producers will be liable for all Paypal and credit card fees incurred in a transaction. For example if a producer sells a beat for $12USD they may only receive $10 for the beat after all PayPal fees are covered. There is a beat transfer fee for selling beats, but the buyer pays this fee.
Commission on Beat Sales
Buybeats.com currently has 3 ways that it pays out commissions. When a music producer invites a new buyer to the website and that person purchases a beat from him, the producer is able to keep 100% from that transaction.
When that same buyer purchases a beat from another producer, the producer who sent the buyer receives a commission of 30% for that beat sales.
User are also able to get 40% commissions on subscriptions that refer.
If a seller is selling beats on Buybeats.com, they must be original. Buybeats.com has no way to tell if a beat is sampled and they cannot be held liable for any sampled or falsely presented beats. It is the responsibility of the buyer and seller to get sample clearance. The producers who upload to Buybeats.com claim original work are to be held liable for any issues dealing with beat fraud or sampling.
Producers are paid directly to their paypal account. The producer can accept payment by PayPal. The producer is responsible for all service fees from Paypal if accepting payment by PayPal.
Buybeats.com has a secure system to prevent stream ripping. If any sort of stream ripping does occur, it is not the responsibility of Buybeats.com.
Affiliate Sales from Buybeats.com.
We allow promotions through affiliate websites and marketing tools provided by Buybeats.com. We provide promoters with various commission payouts to compensate for their sales and promotions. You will know that you have received a beat sale with an email notification and additional information listed with your sales stats in your member area.
You are unable to buy beats through your own affiliate program to receive a discount. Anyone found doing this will not receive a commission, and could get their account suspended.
Anyone found attempting to scam or fraud Buybeats.com, will be banned from Buybeats.com and the proper authorities will be notified. They will not be entitled to any money owed to them for violating our policies.
Links to Other Websites
This site may include links providing direct access to other Internet sites maintained by third parties. Buybeats.com has no control over the development of these sites, exerts no control, editorial or otherwise, over their contents, assumes no responsibility for material at these sites, nor recommends any information, products or services presented on these sites.
Links to Buybeats.com
Links to Buybeats.com are welcomed and encouraged.
These Terms and Conditions and resolution of disputes that might arise thereof shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws rules. This site is controlled and operated by Buybeats.com from its offices within The United States.
Buybeats.com may at any time revise these Terms and Conditions by updating this page. Users of this site and participants in the games contained herein are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound.
Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.
Although the administrators and moderators of Buybeats.com will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages.
All messages express the views of the author, and neither the owners of Buybeats.com, will be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise volatile of any laws.
The owners of Buybeats.com reserve the right to remove, edit, move or close any thread for any reason.
EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE CONTENTS OF THE FILES AND INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR INFORMATION THROUGH THE ACTION OR LACK OF ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY'S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE FILES AND INFORMATION TRANSFERRED TO THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, AND REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, LOSS OF PROFITS, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE INABILITY TO USE THIS WEBSITE, THE USE OF THE INFORMATION PROVIDED THROUGH THIS WEBSITE OR UPON ACTIONS THE COMPANY TAKES OR FAILS TO TAKE, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSSES, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING INTERACTION WITH OTHER REGISTERED OR UNREGISTERED USERS OF THIS WEBSITE AND OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS INCLUDES BUT IS NOT LIMITED TO ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $20.
Breach of Agreement
Additional Terms and Conditions
The Company makes no claims that the Website content may be lawfully viewed or accessed in any specific country. Access to the Website content may not be legal by certain persons or in certain countries. When you access or otherwise use this Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If any provision of these Terms and Conditions shall be unlawful, void, of for any reason unenforceable then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments regarding the Terms and Conditions of use for Buybeats.com should be directed to: Support@Buybeats.com