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BEATPICK WEBSITE TERMS & CONDITIONS
Last updated: February 25, 2009
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS AND POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
-“Creative Commons License” means the “Attribution-NonCommercial-ShareAlike-Plus” license created by Creative Commons, a nonprofit organization dedicated to promoting the creative re-use of musical and other works, and available free of charge at www.creativecommons.org/licenses/by-nc-sa/3.0. This is the license that allows copyright holders to easily inform others that their works are free for copying under the conditions that i. credit for their works is provided; ii. their works can not be used for commercial purposes without permission; and iii. Derivative Works can be distributed but only under an identical license. The Creative Commons License has effect for the Universe and it is not revocable.
-"Derivative Works" means a work based upon the work or upon the Work and other pre-existing works, such as a translation, musical arrangement, sound recording, reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted.
-"Digital Audio Transmission" means a transmission that embodies a sound recording including the performance thereof.
-"Digital Phonorecord Delivery" means each individual delivery of a phonorecord by digital transmission of a sound recording, or part thereof, which results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording.
-“Formats” means all electronic media formats including, but not limited to, the following: MP3, MP2, CD-ROM, Windows Media WMA, RealAudio, OGG Vorbis, Samples, AIFF, WAV, Flash, MIDI, Cubase, Sequencer file, SampleCell and the new SlotMusic.
-“User Generated Content” refers to various kinds of media content, publicly available, that are produced by end-users.
- “Territory” means the Universe.
-“Work” means all forms of sound, music, rhythm and lyrics that Artists provide to BEATPICK including, but not limited to: sound recording, compositions, song lyrics, written prose, musical recordings, vocal recordings, vocal solos, samples, field recordings and ambiences.
- IDENTITY OF THE SERVICE PROVIDER. The service of music on line is provided by the website www.BEATPICK.com which is owned by BEATPICK Ltd.
- DESCRIPTION OF THE SERVICE. BEATPICK is an online platform that distributes musical works under Creative Commons License Attribution Non Commercial Share Alike 3.0 as described on the http://creativecommons.org/ site and approved by Creative Commons. You commit to strictly comply to the terms and conditions of use and, more generally, to refrain from infringing on the artists’ intellectual property rights.
- OWNERSHIP OF THE SITE AND ITS’ CONTENTS. This Site is owned by BeatPick. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, musical compositions, sound recordings, illustrations, software, and the selection and arrangement thereof ("BEATPICK Content"), is owned by BEATPICK and its licensors. All elements of the Site, including the BEATPICK Content, are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.
- USE OF THE SITE. This Site and the BEATPICK Work are intended for customers and content providers of BEATPICK. You may not use this Site or the BEATPICK Work for any purpose not related to your business with BEATPICK. Therefore You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all BEATPICK Work without, or in violation of Creative Commons License Attribution Non commercial Share Alike 3.0 and/or any other agreement with BEATPICK; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the BEATPICK by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any BEATPICK product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the BEATPICK Work other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and privacy laws.
- PAYMENT The fee requested for any transaction may be paid through Pay Pal (www.paypal.com) and/or Credit Cards. The cost of the services offered by PayPal or by Credits Cards will be charged totally to you. BEATPICK will be not responsible regarding the use of the service offered by third parties (e.g. Pay Pal and credit cards). The Credit Card payments over the BEATPICK website are combined with the services of a secure Payment Processor or Gateway. The Payment Gateway provider assumes the risk and responsibility of securely passing the payment account information from the web portal to the Merchant Bank provider. The services offered through the BEATPICK website are not to be used by under age persons in absence of the supervision of a parent or a legal tutor.
- COPYRIGHT INFRINGEMENT POLICY. In accordance with European Directives on Electronic Commerce n. 30/2001, implemented in U.K. by Statutory instruments 2002 no. 2013- Electronic Communications-, BEATPICK has adopted a policy of terminating, in appropriate circumstances and at BEATPICK’s sole discretion, account holders who infringe the intellectual property rights of BEATPICK or any third parties. The Credit Card payments over the BEATPICK website are combined with the services of a secure Payment Processor or Gateway. The Payment Gateway provider assumes the risk and responsibility of securely passing the payment account information from the web portal to the Merchant Bank provider.
- COPYRIGHT COMPLAINTS. If you believe that any Work on the Site infringes upon any copyright that you own or control, you may file a notice of such infringement with our Designated Agent as set forth below: Copyright Agent Sophie Herslow, BEATPICK Ltd, Fax: +390696708800 E-mail: Sophie@BEATPICK.com. Any notice shall include: (i) the full name and address of the sender of the notice (ii) details of the location of the information in question; and (iii) details of the unlawful nature of the activity or information in question. We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address or by written communication sent by first-class mail to a user's address.
- TRADEMARKS. BEATPICK Trademarks, the BEATPICK logo, and any other Work or service name or slogan contained in the Site are trademarks of BEATPICK and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BEATPICK or the applicable trademark holder. You may not use meta-tags or any other "hidden text" utilizing "BEATPICK" or any other name, trademark or product or service name of BEATPICK without its’ prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BEATPICK and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
- LINK. You may not use a BEATPICK logo or other proprietary graphics of BEATPICK to link to this Site without the express written permission to do so. Furthermore, you may not frame any BEATPICK trademark, logo or other proprietary information, including the BEATPICK Content, without BEATPICK’s express written consent.
- REGISTRATION DATA AND ACCOUNT SECURITY. In consideration of your use of the BEATPICK Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration form on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to BEATPICK, in order to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify BEATPICK immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to your account and any other information you provide to BEATPICK.
- LIMITATION OF LIABILITY. In no event shall BEATPICK, its’ parent company, subsidiaries, directors, members, employees or agents be liable for any direct, special, indirect or consequential damage, or any other damage of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the BEATPICK content or the materials contained in or accessed through the site, including without limitation any damage caused by or resulting from reliance by user on any information obtained from BEATPICK, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications’ failure, theft, destruction or unauthorized access to BEATPICK records, programs or services. In no event shall the aggregate liability of BEATPICK, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to BEATPICK for access to or use of the site.
- ARBITRATION AND APPLICABLE LAW. Any and all disputes that may arise between You and BEATPICK under or in connection with this Agreement shall be resolved in accordance with the laws of England and Wales.
- TERMINATION Notwithstanding any of these Site Terms, BEATPICK reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
- TERMS AND CONDITIONS AMENDMENTS. BEATPICK reserves the right to amend, at any time, the terms and conditions of this agreement. BEATPICK will release the new version of terms and conditions on its website www.BEATPICK.com as soon as they are ready. You recognize and accept that if you use the service after new terms and conditions have been released on BEATPICK website, this means You agree with and accept them. BEATPICK suggests you should check the terms and conditions periodically. BEATPICK may temporarily suspend exploitation of Services in order to improve them or carry out maintenance operations.
- EVENTS BEYOND BEATPICK REASONABLE CONTROL We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. These conditions do not affect your statutory rights.
- WARRANTIES. The BEATPICK Site, the Downloads, the audio samples and all other relevant digital files as well as all artwork, software, data are offered on an "as is" basis only. BEATPICK provides a warranty only with respect to Downloads legally obtained by You from BEATPICK pursuant to this agreement. The warranty is as follows: any defective Download(s) will be replaced upon request within thirty (30) days of the original purchase date. EXCEPT AS EXPRESSLY STATED, BEATPICK EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE BEATPICK WEBSITE OR THE USE OF BEATPICK SERVICES HEREUNDER. It is hereby expressly agreed that there shall be no implied warranties of merchantability or suitability with respect to any aspect of BEATPICK Site, software, services, Downloads or any other materials featured on or obtained from BEATPICK. BEATPICK specifically disclaims any warranties against viruses, software incompatibilities, or any other effect which BEATPICK Downloads, software, Site or services may have on the computer, telecommunications and/or other electronic equipment owned or operated by the End User.