TERMS OF USE AGREEMENT FOR BEATELITE.COM
1. GENERAL TERMS OF USE
This Terms of Use Agreement ("Agreement") is made by and between Genesis Media, LLC, a Washington limited liability company, d/b/a/ Beatelite.com, ("Beat Elite") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this website.
BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER BEAT ELITE PRODUCTS OR SERVICES (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
BEAT ELITE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN BEAT ELITE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.
2. ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Beat Elite believes the information you provide is not correct, current, or complete, Beat Elite has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
3. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of this website, you warrant to Beat Elite that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) co-brand this site without the express prior written permission of an authorized representative of Beat Elite. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Beat Elite in causing any unauthorized co-branding to immediately cease. In addition, you may not use the website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.
4. MEMBERSHIP
You may become a member of this website by completing and submitting a membership application. You do not have an automatic entitlement to membership and Beat Elite may, at it sole discretion elect to refuse, suspend, or restrict your membership at any time. Once membership is granted you will be able to access “members-only” areas of the site with use of a username and password you choose at the time you become a member. You must use reasonable efforts to keep your username and password confidential, and you are responsible for each and every access or use of this site that occurs in conjunction with the use of your username and password. Beat Elite will treat any personal information that you submit through this site in accordance with its Privacy Policy accessible here.
5. BUYING PRODUCTS
The products sold on this website are subject to different terms of use. Depending on the use you want to make of a product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen the correct license to meet your requirements.
6. STANDARD LICENSE
The Standard License grants you a non-exclusive, non-transferable right to make use of the product ("Original Song Template") you acquire. Your use of the Original Song Template, under the Standard License, is subject to the following conditions:
i) you may use the Original Song Template alone or you may modify the Original Song Template (“Modified Song Template”) and use it combination with other sounds in music productions (which includes in films, video productions, radio/TV programs or commercials, computer games, and multimedia presentations), and public performances.
ii) you may use the Original Song Template or the Modified Song Template:
- on a website or;
- in an electronic document such as a PowerPoint presentation or;
- as part of software you create or;
- in a video production or;
- in a music track.
iii) you may use the Original Song Template or the Modified Song Template in a work that is created for personal purposes or for a client who has asked you to create it for personal purposes.
iv) you may incorporate the Modified Song Template in a work which is created for resale by you or your client, without restriction on the number of applications of that work that may be reproduced and distributed;
v) if you use the Original Song Template, your use is limited to a single application.
For example: You may incorporate the Original Song Template in a commercially available software program that you or your clients distribute. An unlimited number of copies of the software program may be made and sold but the Original Song Template cannot be incorporated in more than one software program or other work. Additionally, buyers of the software program must not offer the Original Song Template for sale.
vi) notwithstanding the restriction on resale, if you acquire the Original Song Template on behalf of a client, you may recoup the cost of acquiring the Original Song Template from the client.
7. EXTENDED LICENSE
In addition to rights acquired under the standard license, the purchase of an extended license entitled you to the following:
i) you may license, sub-license, sell or resell the Original Song Template, with no restriction on the number of usages made.
8. PRODUCER CREDIT
If a Buyer purchases an Original Song Template, and the Buyer uses either the Original Song Template or creates a Modified Song Template to be used in a production pursuant to Sections 6 or 7 above, the Buyer shall give the producer of the Original Song Template customary credit on labels and/or liner notes of the production derived from the use of the Original Song Template. If the Buyer solely uses an Original Song Template, the producer credit shall be given in substantially in the following form: “Produced by [original producer name].” If a Buyer creates a Modified Song Template, the Buyer may claim producer credit but must also give the original producer credit in substantially the following form: “Produced by [original producer name] and [Buyer producer name].”
9. SELLING PRODUCTS
You acknowledge and agree that any product offered for sale by you on this site must first be submitted to Beat Elite to enable it to check the quality of the product and the information provided with the product. Beat Elite may refuse, in its sole discretion, to allow you to offer a product for sale on this site, or elect at any time to remove your products from this site without notice. Beat Elite is not responsible for any loss that you may suffer as a result of your product being removed from this site.
You warrant to Beat Elite and to each buyer that, as a seller, in relation to each product that you offer for sale on the site:
- you own the intellectual property rights in that product;
b. that product does not infringe the intellectual property rights of a third party;
c. that product is not fraudulent, stolen, or otherwise unlawful;
d. that product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
- that product is not defamatory, unlawfully threatening or unlawfully harassing; and
- that product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
You acknowledge and agree that if Beat Elite determines, in its absolute discretion, or is notified by a third party, that a product that you offer for sale on this site does not comply with any applicable laws or these Terms of Use, Beat Elite will disable your account and withhold all amounts that you may have earned from the sale of the unlawful product until the earlier of:
a. any dispute in relation to the unlawful product has been resolved to the satisfaction
of Beat Elite; or
b. the expiration of two years from the date your account is disabled.
If after two years, the dispute has not been resolved, Beat Elite will credit any amounts outstanding to your member account.
10. SELLER COMMISSIONS
If one or more of your products is sold on this site, Beat Elite will credit your member account with the balance of the fee received from the buyer, less Beat Elite’s commission fee. The commission payable to you will vary according to whether you are a General Seller or an Exclusive Seller.
- General Sellers. A General Seller is a member who sells products non-exclusively on the site. The commission payable to General Sellers will be 25% of the fee payable for each product sold through the site.
- Exclusive Sellers. An Exclusive Seller is a member who sells products exclusively on the site. Exclusive Sellers will be paid according to the following pay scale:
Sales Seller Commission
0-2,999 40%
3,000-5,999 45%
6,000-11,999 50%
12,000 and above 60%
The commission rate may be varied by Beat Elite, in its sole discretion, from time to time. Any changes to the commission rates by Beat Elite will take effect on and from the date on which notice of the variation is posted by Beat Elite on this website. Once a Seller has earned a minimum of $50 in sales, the Seller will be paid on a monthly basis via Paypal.
11. HYPER-LINKS
This site may be hyper-linked to other sites which are not maintained by, or related to, Beat Elite. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Beat Elite. Beat Elite has not reviewed any or all of such sites and is not responsible for the content of those sites. Beat Elite is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Beat Elite makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Beat Elite provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Beat Elite of that site or any association with its operators.
12. USE OF COMMUNICATION SERVICES
This website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
xii) solicits funds, advertisers or sponsors;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
xv) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
xvii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Beat Elite reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Beat Elite reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Beat Elite reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions to the Communication Services. You acknowledge and agree that neither Beat Elite nor any third party that provides Content to Beat Elite will assume or have any liability for any action or inaction by Beat Elite or such third party with respect to any submission. Beat Elite cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Beat Elite does not control or endorse the content, messages or information found in any Communication Service and, consequently, Beat Elite specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Beat Elite spokespersons, and their views do not necessarily reflect those of Beat Elite.
13. DISCLAIMER
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BEAT ELITE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BEAT ELITE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEAT ELITE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BEAT ELITE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BEAT ELITE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
14. LIMITATION ON LIABILITY
BEAT ELITE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BEAT ELITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BEAT ELITE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BEAT ELITE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
15. TERMINATION OR RESTRICTION OF ACCESS
Beat Elite reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.
16. INDEMNITY
You will indemnify and hold Beat Elite, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
17. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Beat Elite or the party that provided the trademarks, services marks, logos, and copyrighted works to Beat Elite. Beat Elite and any party that provided trademarks, service marks, logos, and copyrighted works to Beat Elite retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
18. INTELLECTUAL PROPERTY DISPUTES
If you believe that a work of which you are the owner is infringed by a product being offered for sale on this site, please forward the following information to Beat Elite at 
:
- your address, telephone number, and email address;
- a description of the location of the alleged infringing material;
- a description of the work you claim has been allegedly infringed.
In submitting a claim, you warrant that the information given in the claim is accurate and that you are either the lawful owner or are authorized to act on the owner’s behalf. Upon receipt of a claim, Beat Elite will perform a reasonable investigation and will, in its sole discretion, determine whether to remove the offending content.
19. SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Beat Elite will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Beat Elite considers insecure, Beat Elite will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Beat Elite reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Beat Elite reserves the right to investigate suspected violations of these Terms of Use.
Beat Elite reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Beat Elite to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BEAT ELITE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEAT ELITE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BEAT ELITE OR LAW ENFORCEMENT AUTHORITIES.
20. MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of the state of Washington, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Washington in connection with any dispute between you and Beat Elite arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in King County, Washington.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beat Elite as a result of this agreement or use of this website.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Beat Elite with respect to this website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
Beat Elite may revise these Terms of Use at any time by updating this posting.
1. GENERAL TERMS OF USE
This Terms of Use Agreement ("Agreement") is made by and between Genesis Media, LLC, a Washington limited liability company, d/b/a/ Beatelite.com, ("Beat Elite") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this website.
BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER BEAT ELITE PRODUCTS OR SERVICES (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
BEAT ELITE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN BEAT ELITE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.
2. ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Beat Elite believes the information you provide is not correct, current, or complete, Beat Elite has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
3. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of this website, you warrant to Beat Elite that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) co-brand this site without the express prior written permission of an authorized representative of Beat Elite. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Beat Elite in causing any unauthorized co-branding to immediately cease. In addition, you may not use the website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.
4. MEMBERSHIP
You may become a member of this website by completing and submitting a membership application. You do not have an automatic entitlement to membership and Beat Elite may, at it sole discretion elect to refuse, suspend, or restrict your membership at any time. Once membership is granted you will be able to access “members-only” areas of the site with use of a username and password you choose at the time you become a member. You must use reasonable efforts to keep your username and password confidential, and you are responsible for each and every access or use of this site that occurs in conjunction with the use of your username and password. Beat Elite will treat any personal information that you submit through this site in accordance with its Privacy Policy accessible here.
5. BUYING PRODUCTS
The products sold on this website are subject to different terms of use. Depending on the use you want to make of a product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen the correct license to meet your requirements.
6. STANDARD LICENSE
The Standard License grants you a non-exclusive, non-transferable right to make use of the product ("Original Song Template") you acquire. Your use of the Original Song Template, under the Standard License, is subject to the following conditions:
i) you may use the Original Song Template alone or you may modify the Original Song Template (“Modified Song Template”) and use it combination with other sounds in music productions (which includes in films, video productions, radio/TV programs or commercials, computer games, and multimedia presentations), and public performances.
ii) you may use the Original Song Template or the Modified Song Template:
- on a website or;
- in an electronic document such as a PowerPoint presentation or;
- as part of software you create or;
- in a video production or;
- in a music track.
iii) you may use the Original Song Template or the Modified Song Template in a work that is created for personal purposes or for a client who has asked you to create it for personal purposes.
iv) you may incorporate the Modified Song Template in a work which is created for resale by you or your client, without restriction on the number of applications of that work that may be reproduced and distributed;
v) if you use the Original Song Template, your use is limited to a single application.
For example: You may incorporate the Original Song Template in a commercially available software program that you or your clients distribute. An unlimited number of copies of the software program may be made and sold but the Original Song Template cannot be incorporated in more than one software program or other work. Additionally, buyers of the software program must not offer the Original Song Template for sale.
vi) notwithstanding the restriction on resale, if you acquire the Original Song Template on behalf of a client, you may recoup the cost of acquiring the Original Song Template from the client.
7. EXTENDED LICENSE
In addition to rights acquired under the standard license, the purchase of an extended license entitled you to the following:
i) you may license, sub-license, sell or resell the Original Song Template, with no restriction on the number of usages made.
8. PRODUCER CREDIT
If a Buyer purchases an Original Song Template, and the Buyer uses either the Original Song Template or creates a Modified Song Template to be used in a production pursuant to Sections 6 or 7 above, the Buyer shall give the producer of the Original Song Template customary credit on labels and/or liner notes of the production derived from the use of the Original Song Template. If the Buyer solely uses an Original Song Template, the producer credit shall be given in substantially in the following form: “Produced by [original producer name].” If a Buyer creates a Modified Song Template, the Buyer may claim producer credit but must also give the original producer credit in substantially the following form: “Produced by [original producer name] and [Buyer producer name].”
9. SELLING PRODUCTS
You acknowledge and agree that any product offered for sale by you on this site must first be submitted to Beat Elite to enable it to check the quality of the product and the information provided with the product. Beat Elite may refuse, in its sole discretion, to allow you to offer a product for sale on this site, or elect at any time to remove your products from this site without notice. Beat Elite is not responsible for any loss that you may suffer as a result of your product being removed from this site.
You warrant to Beat Elite and to each buyer that, as a seller, in relation to each product that you offer for sale on the site:
- you own the intellectual property rights in that product;
b. that product does not infringe the intellectual property rights of a third party;
c. that product is not fraudulent, stolen, or otherwise unlawful;
d. that product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
- that product is not defamatory, unlawfully threatening or unlawfully harassing; and
- that product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
You acknowledge and agree that if Beat Elite determines, in its absolute discretion, or is notified by a third party, that a product that you offer for sale on this site does not comply with any applicable laws or these Terms of Use, Beat Elite will disable your account and withhold all amounts that you may have earned from the sale of the unlawful product until the earlier of:
a. any dispute in relation to the unlawful product has been resolved to the satisfaction
of Beat Elite; or
b. the expiration of two years from the date your account is disabled.
If after two years, the dispute has not been resolved, Beat Elite will credit any amounts outstanding to your member account.
10. SELLER COMMISSIONS
If one or more of your products is sold on this site, Beat Elite will credit your member account with the balance of the fee received from the buyer, less Beat Elite’s commission fee. The commission payable to you will vary according to whether you are a General Seller or an Exclusive Seller.
- General Sellers. A General Seller is a member who sells products non-exclusively on the site. The commission payable to General Sellers will be 25% of the fee payable for each product sold through the site.
- Exclusive Sellers. An Exclusive Seller is a member who sells products exclusively on the site. Exclusive Sellers will be paid according to the following pay scale:
Sales Seller Commission
0-2,999 40%
3,000-5,999 45%
6,000-11,999 50%
12,000 and above 60%
The commission rate may be varied by Beat Elite, in its sole discretion, from time to time. Any changes to the commission rates by Beat Elite will take effect on and from the date on which notice of the variation is posted by Beat Elite on this website. Once a Seller has earned a minimum of $50 in sales, the Seller will be paid on a monthly basis via Paypal.
11. HYPER-LINKS
This site may be hyper-linked to other sites which are not maintained by, or related to, Beat Elite. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Beat Elite. Beat Elite has not reviewed any or all of such sites and is not responsible for the content of those sites. Beat Elite is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Beat Elite makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Beat Elite provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Beat Elite of that site or any association with its operators.
12. USE OF COMMUNICATION SERVICES
This website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
xii) solicits funds, advertisers or sponsors;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
xv) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
xvii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Beat Elite reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Beat Elite reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Beat Elite reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions to the Communication Services. You acknowledge and agree that neither Beat Elite nor any third party that provides Content to Beat Elite will assume or have any liability for any action or inaction by Beat Elite or such third party with respect to any submission. Beat Elite cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Beat Elite does not control or endorse the content, messages or information found in any Communication Service and, consequently, Beat Elite specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Beat Elite spokespersons, and their views do not necessarily reflect those of Beat Elite.
13. DISCLAIMER
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BEAT ELITE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BEAT ELITE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEAT ELITE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BEAT ELITE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BEAT ELITE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
14. LIMITATION ON LIABILITY
BEAT ELITE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BEAT ELITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BEAT ELITE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BEAT ELITE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
15. TERMINATION OR RESTRICTION OF ACCESS
Beat Elite reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.
16. INDEMNITY
You will indemnify and hold Beat Elite, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
17. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Beat Elite or the party that provided the trademarks, services marks, logos, and copyrighted works to Beat Elite. Beat Elite and any party that provided trademarks, service marks, logos, and copyrighted works to Beat Elite retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
18. INTELLECTUAL PROPERTY DISPUTES
If you believe that a work of which you are the owner is infringed by a product being offered for sale on this site, please forward the following information to Beat Elite at :
- your address, telephone number, and email address;
- a description of the location of the alleged infringing material;
- a description of the work you claim has been allegedly infringed.
In submitting a claim, you warrant that the information given in the claim is accurate and that you are either the lawful owner or are authorized to act on the owner’s behalf. Upon receipt of a claim, Beat Elite will perform a reasonable investigation and will, in its sole discretion, determine whether to remove the offending content.
19. SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Beat Elite will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Beat Elite considers insecure, Beat Elite will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Beat Elite reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Beat Elite reserves the right to investigate suspected violations of these Terms of Use.
Beat Elite reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Beat Elite to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BEAT ELITE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEAT ELITE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BEAT ELITE OR LAW ENFORCEMENT AUTHORITIES.
20. MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of the state of Washington, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Washington in connection with any dispute between you and Beat Elite arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in King County, Washington.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beat Elite as a result of this agreement or use of this website.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Beat Elite with respect to this website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
Beat Elite may revise these Terms of Use at any time by updating this posting.
