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Beats4tracks.com, Your Source for Buying and Selling Rap Beats Online


Terms of Service and User Agreement

TERMS AND CONDITIONS/LICENSE AGREEMENT FOR BEATS4TRACKS.COM

Welcome and thank you for choosing Beats4tracks.com as the website for buying & selling your rap beats online. This is the "Terms of Service/License Agreement" regarding membership and/or conducting business through this website. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT THAT WILL BE UPHELD AND ENFORCED BY INTERNATIONAL LAW. PLEASE READ THROUGH THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR REGISTRATION AND/OR CONDUCTING BUSINESS THROUGH THIS WEBSITE.

1. Terms and Conditions of the Beats4tracks.com Service: Beats4tracks.com reserves the right, in our sole discretion, to modify these Terms and any service fees, at any time, effective upon the date we post a new set of "Terms and Conditions/License Agreement". Continued use of the service constitutes your binding acceptance of these terms, including any changes or modifications that we may make to this agreement in the future. If any part of these terms and/or any future changes are not acceptable to you, you may cancel your account and end use of the service by contacting us through our support form, or directly via email: info@beats4tracks.com. In the case that you are a subscribed member who is being billed periodically for membership, you will no longer receive a billing charge, and your membership account will be permanently removed from our webstie's records. Beats4tracks.com also reserves the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the site/service at any time for any reason without prior notice or any liability. Beats4tracks.com may also change, suspend or discontinue all or any aspect of the service/site at any time, including the availability of any service feature, database, or content, without prior notice or liability. Beats4tracks.com reserves the right to remove any material that you submit to the site for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected timeframe. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.

2. The limitation of Beats4tracks.com's liability: YOU AGREE THAT BEATS4TRACKS.COM HAS NO LIABILITY, WITH RESPECT TO ANY CLAIMS OR LEGAL ACTIONS BY YOU, OR ANY OTHER PERSON SELLING/PURCHASING RIGHTS TO AND/OR FROM YOU. SOLE RESPONSIBILITY FALLS ON THE USERS/CUSTOMERS AND/OR PRODUCERS FOR ANY TRANSACTIONS MADE ON THE SITE.

3. Third party sites and content: This site contains links to other Internet sites that our business partners and other third parties own and/or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to those sites, or their content.

4. Protect your password and subscription: You agree to provide true, accurate, up-to-date and complete information about yourself as requested in the site's registration process as well as keeping your information up to date. You may not reveal your subscription password to anyone else and you may not use anyone else's password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the site is a breach of these terms and a violation of international law.

5. Requests for removal of listings: If you believe that material you own has been copied and/or made accessible in a manner that violates your rights in the intellectual property you own, please notify us immediately. We will consider such requests individually and seriously.

6. Number of Accounts: Users/Customers and/or Producers are limited to one (1) account per person.

BEAT SELLER(S)/PRODUCER(S)/LICENSOR(S) AGREEMENT

Licensing/Selling Beats on the site Beats4tracks.com

By completing the registration of a "Producer" account, posting, uploading and licensing/selling "beats" through Beats4tracks.com, the "Producer/Licensor" understands and agrees to the following terms:

1. (I) Uploading/Selling Beats: Producers must upload a beat of no less then three (3) minutes and no more than ten (10) minutes, in un-encrypted mp3 format subject to the sites' terms and conditions regarding the delivery requirements of a "beat(s)" (listed below). "Beats" for sale will be uploaded to the Beats4tracks.com vault, where they cannot be accessed without first being purchased. To protect your beat(s), they are tagged with a layer of vocals (a tag) provided by Beats4tracks.com. This does not, in anyway, effect the quality or sound of your beat(s) when they are being previewed/streamed.

(II) Quality of Product: The beat is in a technically satisfactory condition in keeping with the normal standards for delivery of digital products in the music industry, specifically the beat buying/selling market.

2. Memory Space for Uploads: Your free membership provides you with an initial memory space of five (5) beat slots (Gold Producer quota). There are two other types of membership quotas (Platinum and Diamond quotas), which are paid subscriptions. The Platinum Producer quota provides users with 25 beat slots, while the Diamond Producer quota provides 50 beat slots. You may obtain additional memory space by upgrading to the next level of membership (i.e., from Gold Producer quota, to the Platinum or Diamond Producer quota).

3. Posting on the Site/Forums: Beats4tracks.com reserves the right to make any edits to, or permanently remove any posts made by it's members (Producers). Beats4tracks.com also reserves the right to reproduce, distribute, sell, promote and advertise your beats on the site(www.beats4tracks.com) and allow the previewing (streaming) as well as digital delivery (downloading) of your beats to the public (users/customers) from the site.

4. SAMPLES: All producer(s)/licensor(s) are to clearly understand that when licensing/selling a beat from Beats4tracks.com, it may contain "samples" and/or musical interpolations which may need to be cleared by the BUYER/LICENSEE, before distribution of the "new work" commences. Producer(s) must provide the correct copyright information so that the BUYER/LICENSEE can proceed to clear all samples used in the "new work", which have to be verified (in writing) by the rightful copyright owner(s), before distribution of the "new work" can begin.

5. Licensing Terms: Depending on the "license" that is up for sale (Exclusive or Non-Exclusive), the "Licensor" (Producer) is legally bound to one of the two following agreements, the "Non-Exclusive License Agreement" and/or the "Exclusive License Agreement". Both agreements are listed below in clear and concise detail, located in the Buyer/Licensee Agreement (Purchasing a Non-Exclusive/Exclusive License to a Beat). These agreements clearly outline the terms of each license and the rights granted to the "Licensee" (Artist) by the "Licensor" (Producer).

Making/Receiving Payments To/From Beats4tracks.com:

1. DISCLAIMER: Sole responsibility falls on the producer(s) for any fee's or charges incurred to paypal account of the producer(s) in regards to transactions, and/or maintaining the account. This clears Beats4tracks.com from all legal liabilities, for any fee's or charges in regard to the PayPal account of the producer(s). Here at Beats4tracks.com, we will reasonably do our best to ensure all transactions including; purchasing a beat, selling a beat, and receiving payments are successfully completed, however, we make NO GUARANTEES whatsoever.

2. Making Payments to Beats4tracks.com: Although a gold producer account is FREE, producers have the option to become exclusive members by paying for a subscription. Memberships can be paid either in monthly, 6 month or full year subscription packages. ALL payments are sent and/or received through PayPal, in U.S. Dollars.

3. Receiving Payments from Beats4tracks.com:
(I) Payment to Producer(s): Beats4tracks.com pays Producers according to their Producer quota (i.e. Gold, Platinum or Diamond).

Commission Rates per Quota:

Gold: Gold members receive 70% net from their sales, 30% commission rate applies.

Platinum: Platinum members receive 80% net from their sales, 20% commission rate applies.

Diamond: Diamond members receive 100% of their sales, no commission applies.

4. Charge Backs/Return Payments: In the event of any attempts to return a beat after it has been purchased (and the download has been received by the customer/user), Beats4tracks.com will have no liability, or obligation to repay the producer(s) for any payments that may have to be returned to the customer/user.

5. Payment Schedule: Payment of monies earned by Producer(s) on the site (Beats4tracks.com) will be sent at the end of every month. (Minimum payout threshold $10.00)

6. Unclaimed Payments: Producer earnings that are sent out and go unclaimed will be returned by Paypal to Beats4tracks.com after 30 days. Producer(s) has 6 months (from the time of the unclaimed payout) to contact Beats4tracks.com and request that the funds be sent out again. Any funds that are still unclaimed after the 6 month period will be forfeited. Producer(s) has 6 months from the time of sale to provide a Paypal payout email address.

BEAT BUYER(S)/LISTENER(S)/LICENSEE(S) AGREEMENT

Making purchases and payments on Beats4tracks.com:

DISCLAIMER: EXTREMELY IMPORTANT ! Due to the complex nature of the product(s), all of the "beat(s)" that are purchased are on a FINAL SALE basis. Again, this is very important, Beats4Tracks.com stresses the fact that ALL SALES ARE FINAL. Since we are dealing with mp3's (which can easily be copied), once the "beat" has been sent and it successfully meets the delivery requirements outlined in this agreement, we cannot accept any refunds, under any circumstances other then the possibility of technical difficulties. In such cases, Beats4tracks.com will investigate each individual issue immediately and responsibily. Beats4tracks.com has a strict policy which will be upheld and enforced:ALL SALES ARE FINAL, AND NO REFUNDS WILL BE GIVEN. With this being said, by making a purchase on Beats4tracks.com, you have agreed that the "beat(s)" you have bought cannot and will not be returned by you the "Licensee" after the payment process has been completed. Thank you, and enjoy shopping for beats.

1. (I) Making a Purchase/Payment on Beats4tracks.com: "Licensee(s)/Cusomer(s)" are required to pay the listed "License Price" (accordingly) for each of the "beat(s)" purchased, in U.S. currency through PayPal, prior to the download and "use' of the beat. "Licensee(s)/Customer(s)" will also remain solely responsible for any fee's or charges that may be incurred due to insufficient funds, or any other possible complication that was NOT caused by the site, Beats4tracks.com.

(II) Sole responsibility falls on the user/customer(s) for any fee's or charges incurred to your own paypal account, in regards to your transactions, or maintaining your account. This clears Beats4tracks.com from all legal liabilities, for any fee's or charges in regard to the PayPal account of the user(s)/customer(s). Here at Beats4tracks.com, we will reasonably do our best to ensure all transactions including; purchasing a beat, selling a beat, and receiving payments are successfully completed, however, we make NO GUARANTEES whatsoever.

2. (I) Downloading/Receiving a "Beat(s)" from Beats4tracks.com: Upon completion of purchase, and once a receipt of payment has been received, the "beat(s)" will be made available to the "Licensee(s)/Customer(s)" through their "my files" section located in the user(s) profile. This profile is created automatically when the "beat" is purchased, there after the "beat" will immediately be available for download. The "Licensee(s)/Customer(s) will also be notified via email, once the site has logged a receipt of the payment.

(II) Format & Delivery of the "Beat(s)": Beats4tracks.com reserves the right to deliver beats to the users/customers in a non-DRM (Digital Rights Management) protected, unencrypted mp3 format, subject to the site Beats4tracks.com's delivery terms and conditions.

3. (I) User/Customer Warranties: By purchasing or downloading beats on Beats4tracks.com, you represent to the site and it's Producers, that:

(II) 100% Original & Non-Defamatory Contributions: Your contributions (i.e. lyrics, vocals, etc..) to the beat purchased and downloaded, creating a "new work", must be 100% completely original (created by you, the user), and will not infringe on any copyrights that may be owned by a third party person or entity. Your contribution to the "new work" must also NOT be legally obscene, abusive towards to the rights of the site, the site's users, producers, members, customers, partners and affiliates, or any other person's rights in any way, shape, or form.

4. SAMPLES: All buyers(s)/customer(s)/licensee(s) are to clearly understand that when purchasing a beat from Beats4tracks.com, it may contain "samples" and/or musical interpolations which may need to be cleared by the BUYER/LICENSEE, before distribution of the "new work" commences. Contact the Producer(s) if neccesary, in order to receive the correct copyright information. Whatever the case, all samples used in the "new work" must be cleared and verified (in writing) by the rightful copyright owner(s), before distribution of the "new work" can begin.

5. Legal Requirements: You will only use the beat(s) and "new work" as per the terms and conditions outlined in this agreement, for all lawful intended purposes.

6. Repayment/Reimbursements: The User/Buyer (Licensee) agrees to legally clear Beats4tracks.com from all liability and consequence in such case where any of the terms and conditions in this agreement are not followed by the User/Buyer/Licensee, in regards to the "new work" created over the beat, as well as any possible discrepancies or complaints. The User/Buyer/Licensee, will be solely responsible for any charges or fee's that may result to the site, from any damages or willful disregard and non-compliance caused by not adhering to the rules, and the applications of the rules outlined in these terms and conditions/agreement. Users/Buyers/Licensee agree to repay any and ALL legal fee's or costs incurred to the site Beats4tracks.com, that may result as having to defend the site against any complaints, serious or legal actions. Beats4tracks.com also reserves the right to withhold any payments that may be owed to you (should you continue using the services on the site) against any costs that arise in order for the site Beats4tracks.com to defend itself against any of these scenarios. Conducting businss on Beats4tracks.com is not a right, it is a privelage, so please conduct your business respectfully, professionally, and responsibly.

Depending on the "license" that is purchased, the "Licensee" is legally bound by one of the two following agreements, the "Non-Exclusive License Agreement" or the "Exclusive License Agreement". These agreements clearly outline the terms of each license and the rights granted by the "Licensor" to the "Licensee".

PURCHASING A BEAT(S) UNDER A NON-EXCLUSIVE LICENSE

Terms of Non-Exclusive License

"Licensee" understands that the "Licensor" remains the 100% copyright owner of the "beat" and may sell/re-sell the same non-exclusive license in this agreement to as many other customers as desired. All rights granted to the "Licensee" must strictly adhere to the terms outlined in this agreement, which immediately become in effect once payment is complete.

Rights Granted By "Licensor" to "Licensee":

1. The universal, non-exclusive and non-transferable right to make one (1) recording (track/song - "New work") using the newly purchased "beat" (license), as long as the "beat" is ALWAYS accompanied by an audio/visual contribution (i.e. vocal recordings) added by the "Licensee". The "Licensee" has NO permission to sell/re-sell the "beat" and/or it's license whatsoever, under any circumstances.

"New Work": The definition of a "new work" on the site Beats4tracks.com specifically means that the "beat" has been modified by the addition and/or contributions of the "Licensee" (such as recording vocals over the beat), which makes it a "derivative" of the original copy of the beat, therefor it is deemed as a "new work". A "new work" is also commonly referred to as a "track" or "song".

2. The non-exclusive right to use the recording (track/song - "new work") on a demo or mixtape for promotional and commercial purposes, in accordance with the following terms outlined below:

(I) The non-exclusive right to commercially release and distribute the "new work", either digitally (as an mp3) or through physical means (CD's), limited to 5,000 units/copies combined. The recording of the "new work" can also be "streamed" (previewed or listened to) on "social media websites" such as MySpace.com, SoundClick.com, etc. After 5,000 units/copies of the "New Work" have been released and distributed, the "Licensee" is legally required by law to contact the "Producer/Licensor" regarding additional required payments (mechanical royalties) for monies earned by the "new work" contained in this "license". A new agreement must be created between the "Licensor" and "Licensee" to fairly negotiate the division of mechanical royalties earned by the "new work" contained in this agreement. "Licensee" may only transfer (sub-license) their rights in the "new work" to a music distributor, only AFTER written consent has been obtained by the original creator of the "beat" (the "Producer/Original Licensor").

(II) The non-exclusive right to publicly perform and broadcast (either digitally through mediums such as the internet, or via radio/sattelite radio) the "new work", providing that the "new work" must first be registered with a Performance Rights Organization (such as ASCAP, BMI or SESAC). "Licensee" is legally required to grant the "Producer/Licensor" 50% of the writer's share of ALL performance and broadcast royalties earned from the performance and/or broadcast of the "new work". "Licensee" must provide correct and accurate information to the Performance Rights Organization, so that the "Licensor" may collect on any and all royalty payments that they may be entitled to.

(III) "Licensee" must obtain written permission, as well as pay any additional synchronization fee(s) for synchronizing the "beat" to an audio/visual work such as moving/motion pictures, a music video, a short, television program, or any films/movies."Producer(s)/Licensor(s)" are legally entitled to create a seperate "synchronization license agreement" with the "Licensee" for the division of monies (royalties) earned from the synchronization of the "new work" containing the "beat".

(IV) It is the sole responsibility of the "Licensee" to clear the use of any "samples" which contain copyrighted "works" by another person/party, before distribution of the "new work" can occur. Any and all contributions made by the "Licensee" to the "new work" must be 100% original and must not infringe upon the copyrights held by any other person/party. If the "new work" does in fact contain "samples" which are copyright protected by law, then the "samples" must be completely cleared before the "new work" can be released and distributed.

(V)All use of the "new work" (song) must clearly give accurate credit to the "Producer/Licensor" of the beat. Credit MUST be given and written like so:
"Title of Recording/Track" - (Artist/Group Name), Produced by: "Producer Name"/"Licensor" of www.beats4tracks.com/"Producer Name"

PURCHASING A BEAT(S) UNDER AN EXCLUSIVE LICENSE:

Terms of Exclusive License:

"Licensee" understands that the "Licensor" remains the 100% copyright owner of the "beat". The "Licensor" is now legally bound from selling/re-selling the same exclusive (or even non-exclusive) license sold in this agreement to any other customers. All rights granted to the "Licensee" must strictly adhere to the terms outlined in this agreement, which immediately become in effect once payment is complete.

Rights Granted By "Licensor" to "Licensee":

1. The universal, exclusive and transferable right to make one (1) recording (track/song - "New work") using the newly purchased "beat" (license), as long as the "beat" is ALWAYS accompanied by an audio/visual contribution (i.e. vocal recordings) added by the "Licensee". The "Licensee" has NO permission to sell/re-sell the "beat" and/or it's license whatsoever, under any circumstances.

"New Work": The definition of a "new work" on the site Beats4tracks.com specifically means that the "beat" has been modified by the addition and/or contributions of the "Licensee" (such as recording vocals over the beat), which makes it a "derivative" of the original copy of the beat, therefor it is deemed as a "new work". A "new work" is also commonly referred to as a "track" or "song".

2. The universal, transferable and exclusive right to make a recording (track/song - "new work"), using the newly purchased "beat" on a demo, mixtape, or album for promotional and commercial purposes, in accordance with the following terms outlined below:

(I) The right to commercially release and distribute the "new work", either digitally (as an mp3) or through physical means (CD's), without limitation to the number of units/copies. Once $250,000 (two-hundred-and-fifty thousand U.S. dollars) have been earned by the "new work", "Licensee" is obligated to create a new license agreement with the "Licensor" to fairly and properly distribute the mechanical royalties that both parties ("Licensor" & "Licensee") are entitled to. The universal and exclusive right to use the "beat" is transfered from the "Licensor" to the "Licensee" for the purposes of creating a deriviative work ("new work").

(II) The exclusive right to publicly perform and broadcast (either digitally through mediums such as the internet, or via radio/sattelite radio) the "new work", providing that the "new work" must first be registered with a Performance Rights Organization (such as ASCAP, BMI or SESAC). "Licensee" is legally required to grant the "Producer/Licensor" 50% of the writer's share of ALL performance and broadcast royalties earned from the performance and/or broadcast of the "new work". "Licensee" must provide correct and accurate information to the Performance Rights Organization, so that the "Licensor" may collect on any and all royalty payments that they may be entitled to.

(III) "Licensee" must obtain written permission, as well as pay any additional synchronization fee(s) for synchronizing the "beat" to an audio/visual work such as moving/motion pictures, a music video, a short DVD, television program, or any films/movies. "Producer(s)/Licensor(s)" are legally entitled to create a seperate synch' license agreement with the "Licensee" for the division of monies (royalties) earned from the synchronization of the "new work" containing the "beat".

(IV) It is the sole responsibility of the "Licensee" to clear the use of any "samples" which contain copyrighted "works" by another person/party, before distribution of the "new work" can occur. Any and all contributions made by the "Licensee" to the "new work" must be 100% original and must not infringe upon the copyrights held by any other person/party. If the "new work" does in fact contain "samples" which are copyright protected by law, then the "samples" must be completely cleared before the "new work" can be released and distributed.

(V) All use of the song must clearly give accurate credit to the "Producer"/"Licensor" of the beat. Credit MUST be given, written like so:
"Title of Recording/Track" by (Artist/Group Name), Produced by: (Name of "Producer/Licensor") of www.beats4tracks.com/(Producer Name)

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