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By submitting Content, you agree to the following Terms and Conditions
Terms and Conditions
These terms and conditions (“Terms”, “Agreement”) are an agreement between Beatpact (“Beatpact”, “us”, “we” or “our”) and you (“User”, “you” or “your”, “Producer”). This Agreement sets forth the general terms and conditions of your use of the beatpact.com website and any of its products or services (collectively, “Website” or “Services”).
Beatpact users may submit and/or contribute content to the Service (“User Content”, “Content”, or “Beats”). For the avoidance of doubt, “User Content” includes any such content posted to any part of the Beatpact Service. You consent that, with respect to any User Content you submit to Beatpact, (1) you have the right to submit such User Content, and (2) such User Content, or its use by Beatpact as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Beatpact or any artist, band, label, entity or individual without express written consent from such individual or entity. Beatpact may, but has no obligation to, upload, monitor, review, or edit User Content. In all cases, Beatpact reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Beatpact’s sole discretion, violates the Agreements. Beatpact may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we are not obligated to remove or disable access to any specific User Content unless a violation occurs. You are solely responsible for all User Content that you contribute. Beatpact is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against Beatpact related to user content that you post, then, to the extent permissible under local law, you will indemnify and hold Beatpact harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer to you any intellectual property owned by Beatpact or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Beatpact and applicable third-parties. Users are permitted to use the Beats provided in the Monthly Packs (as per our “Prohibited Uses” section of our Terms and Conditions) for up to a profit of $10,000 USD. If a Subscriber exceeds this amount, they are obligated to contact the Intellectual Property Holder to negotiate further terms and profit sharing. By agreeing to these Terms and Conditions, you agree that you are not entitled to any profit-sharing made by a Subscriber or third party unless otherwise agreed upon, or until profits exceed $10,000 USD. Under no circumstances are we, Beatpact, obligated to share profits made from our Service with any third-parties. You consent that the submission of your content is solely for advertising and promotional purposes. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Beatpact or Beatpact licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Beatpact or third-party trademarks.
REMOVAL OF INTELLECTUAL PROPERTY
If you believe that any Content available through the Service is an infringement on your Intellectual Property, contact us via our Contact Form. Allow up to 3 business days after our response to process the removal. Beatpact is not responsible for any prior distribution of the infringed Content. Due to the methods of our service and our provision of direct downloads to our Users, your Intellectual Property may still be in the possession of said Users. We will inform our Users of this violation via email. Any further infringement or violation is the sole responsibility of the User.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer of beats to a third party except as incorporated into a new music production. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTY
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Beatpact, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Beatpact has been advised as to the possibility of such damages or could have foreseen such damages.The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Beatpact and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Nova Scotia, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the provincial and federal courts located in Nova Scotia, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page and inform you via email. Continued use of the Website after any such changes shall constitute your consent to such changes. Acceptance of these terms You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Agreement, please contact us. This document was last updated on August 28, 2019