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Please fully read the following terms & conditions before joining. If you are
unsure of the meaning of any of the terms & conditions of this web site please
contact us at: support@BudgetBeats.com
before joining.
Use of this web site constitutes full agreement and acceptance of the terms &
conditions set forth in this document as well as the privacy policy of this web
site. BudgetBeats.com reserves the right to change the terms & conditions of
this web site at any time, for any reason, without notice.
I. Accounts
1. Valid Information
(a). All users shall provide accurate information.
(b). A user shall not use another persons name or information to create an account
on BudgetBeats.com, i.e. A user may not signup for another person.
(c). A user is entitled to 1 account. BudgetBeats.com reserves the right to screen
for multiple accounts. In the event a user has violated this policy, all accounts
will be immediately closed without refund or commission. This includes, but is not
limited to commissions of sales, and payments made to BudgetBeats.com for upload
credits or any other expenses made to BudgetBeats.com.
2. Cancellation of Account
(a). If a user no longer wishes to be a member of this web site, please contact
us at support@BudgetBeats.com.
3. Security
(a). Users are responsible for the security of their own accounts. A user should
not share their account information with others and is responsible for keeping their
password secure. BudgetBeats.com is not liable for any loss due to the theft or
misuse of your account or its information.
(b). Any unauthorized use or entry into this web site is illegal and will result
in the offender being punished to the fullest extent of the law.
4. Damages
(a). Signing up as a member of this web site waives any claim for damages, whether
direct or indirect, consequential, or punitive, which you may have against BudgetBeats.com,
and you agree to hold harmless and indemnify BudgetBeats.com from any such claim
for damages regardless of cause.
5. Failure to Operate
(a). BudgetBeats.com may change, suspend or discontinue any aspect of this site
at any time, including the availability of any feature, data, or content. BudgetBeats.com
may also impose limits on certain features and services or restrict your access
to parts or all of BudgetBeats.com without notice or liability.
6. General Account Guidelines
- A member
is entitled to 1 account. Members suspected of having more than 1 account based
on, but not limited to IP address, will be terminated without commission or refund.
- Your audio
materials must be an instrumental (beat), and not contain any vocal arrangements.
- Your audio
audition files must be stereo MP3 files and encoded at least at 128kbps/44.1khz.
- You have
unlimited space. You can sell as many beats as your upload credits allow on BudgetBeats.com
- You must
choose the single genre that best fits the nature of your submission.
- Descriptions
must pertain to the specific beat listing you are submitting. Any member using this
area to advertise for the purpose of acquiring customers will be considered in violation
of these terms and will result in suspension of their account.
- Beat descriptions
should not contain marketing language that promotes non-relevant entities, and should
not include any links to images, external sites, email addresses, phone numbers,
or any information which provides a method to circumvent the purpose of this website.
- You may
post a beat that contains samples in it. Any purchaser of a beat which contains
a sample is responsible for receiving clearance by means necessary. For additional
information, please visit
Keyboard Magazine : Clearing Samples
- If we determine
that someone other than the legal copyright or trademark holder (or his or her official
agent) has submitted material, we will suspend that material and the members account
without notification. Any commissions generated from stolen material will be forfeited.
- It is your
responsibility to determine whether you have the legal right to use materials that
you submit to BudgetBeats.com.
- If you
do not hold the copyright and/or trademark for the composition(s) you are submitting,
but you have documented permission from the trademark or copyright holder, please
submit written evidence of your permission with your product. We will review your
evidence as part of our evaluation process.
II. Uploaded Material
1. Copyrights
(a). BudgetBeats.com is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and other copyright
laws. All materials contained on BudgetBeats.com are protected by copyright, and
are owned or controlled by BudgetBeals.com or the party credited as the provider
of the Content.
(b). You represent, warrant and covenant that you shall not upload, post or transmit
to or distribute or otherwise publish through BudgetBeats.com any materials which:
·
restrict or inhibit any other user from using
and enjoying BudgetBeats.com;
·
are unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit
or indecent;
·
constitute or encourage conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate law;
·
violate, plagiarize or infringe the rights of
third parties including, without limitation, copyright, trademark, patent, rights
of privacy or publicity or any other proprietary right;
·
contain a virus or other harmful component;
·
contain any information, software or other material
of a commercial nature;
·
contain advertising of any kind, or
·
constitute or contain false or misleading indications
of origin or statements of fact
2. Perpetual Royalty-Free License
(a). By uploading files, inputting data or engaging in any other form of communication
(individually or collectively 'Communications') to BudgetBeats.com, you hereby grant
to BudgetBeats.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty free license to use, copy, license, sublicense, adapt, distribute, display,
publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications,
in all media now known or hereafter developed. You hereby waive all rights to any
claim against BudgetBeats.com for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of attribution
in connection with such Communications. BudgetBeats.com hereby acknowledges that
all beats placed for sale on BudgetBeats.com shall remain the property of the seller.
3. Security of Transmission
(a). You acknowledge that transmission to and from this Web Site are not confidential
and your Communications may be read or intercepted by others. You acknowledge that
by submitting Communications to Company, no confidential, fiduciary, contractually
implied, or any other relationship is created between you and Company other than
pursuant to this Agreement.
III. Sale of Uploaded Material
1. Availability
(a). Uploads are available for sale for 6
months after the upload date, and will remain active unless deleted by the member
through their control panel, or marked inactive by the same means.
2. Non-Exclusive Rights
(a). By purchasing any beat available on BudgetBeats.com, the buyer acquires a non-exclusive
right to the Beat. This beat may be sold to an infinite number of buyers.
(b). All of the beats purchased are Royalty Free, which means no royalties are paid
to the producer(seller) for any reason after the non-exclusive purchase.
(c). Credit to the producer of the beat must be given if the beat is used for any
commercial purpose.
(d). Once a beat has been purchased, that beat will remain available for sale as
long as the upload has been posted within the 6 month time frame.
3. Buyer Payment
(a). Payments are accepted in the form of PayPal, Visa, Mastercard, American Express,
and Discover.
(b) Your payment will be secured and your Credit Card or Financial information will
not be revealed to BudgetBeats.com. Once your payment is completed, your order may
take up to 24 hours to process.
(c) Some of your private information is sent to our payment gateway using Secure
Sockets Layer (SSL), the Internet encryption standard for secure commerce transactions.
Internally, our payment gateway adheres to the high standards of security necessary
to safeguard your information and protect your payments. In addition, our payment
gateway protects your privacy and does not sell or share any of your personal information.
4. Seller Commission
(a). Sellers will be compensated with 100% of the price of the beat sold. If a beat
is sold for $9.95, the seller will receive the full $9.95.
5. Downloading Master Files
(a). Master files are typically available
immediately after purchase, however due to our fraud verification process, this
may take up to 24 hours to verify a transaction.
(b). Audio files may exceed 5MB and we encourage users to have at least a DSL, Cable
Modem, or equivalant connection.
(c). Master files are available in .MP3 format only.
(c). Master files are available in a Stereo Interleaved Mixdown only.
6. Commission Withdrawals
(a) Commissions are paid in the form of PayPal payments, on a monthly basis. Payments
will be made on the 5th day of each month, for sales from the previous month.
7. Return Policy
(a). Due to the nature of this service, no refunds will be issued unless the buyer
is not completely satisfied with the sound quality of the purchase. In the event
the buyer is not completely satisfied with the sound quality, the seller will have
14 days to re-master the material and contact us at
support@BudgetBeats.com.
VI. Member Conduct
1. The Rating System
(a). Any member who is suspected of purposely rating down other members material
will be terminated from this site without notice.
(b). Any member who is suspected of rating their own material will be terminated
from this site without notice.
2. Comments
(a). Any member who is suspected of leaving derogatory comments or false claims
which degrades members of BudgetBeats.com, as well as the website itself will be
terminated without notice or compensation for commissions and/or upload credit refund.
3. Beat Purchasing
(a). Any member who is suspected of purchasing their own material to drive their
sales status up will be terminated without notice or compensation for commissions.
VII. Customer Service
1. Contacting Customer Service
(a). While we make an effort to reply to customer service inquires in a timely fashion,
We do not make any guarantee to respond to them in certain time frame, or at all.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF VIRGINIA , WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND
EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO
THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE
OF VIRGINIA.
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