Terms and conditions

These terms and conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use the Website (as defined below). Please read these terms and conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using the Website immediately. We do occasionally update these terms and conditions so please refer back to them in the future. Your statutory consumer rights are in no way affected by these terms and conditions.
Definitions

• • “We”, “us” and “our” means Beatpick (company registration number 927962872) whose registered office is at 64 Southwark Bridge Rd. London, SE1 OAS, UK, United Kingdom
  • “You” and “your” means the user.
  • “Website” means www.beatpick.com

1. Use of Website
1.1 You are permitted to use our website for your own purposes and to download material from the website provided that you do so strictly in accordance with the permissions granted to you in our Licensing Agreement.

1.2 The copyright and other intellectual property rights in all material on the website are owned by us and/or our Artists and must not be reproduced without our prior consent as set out in the License Agreement.

1.3 Subject to paragraph 1.1, no part of the Website may be reproduced without our prior written permission.

1.4 Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

2. User Conduct & Privacy
2.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to the Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

2.2 When using the Website you shall not post or send to or from the Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is unlawful. You warrant that any material uploaded to or sent to the Website shall not infringe the rights (including without limitation the copyright or similar intellectual property rights) of any third party.

3. Website Uptime
We take all reasonable steps to ensure that the Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore we will not be liable if the Website is unavailable at any time.

4. Subscription Terms
4.1 Annual Subscription with Yearly Billing – By purchasing an Annual Subscription with Yearly Billing, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

4.2 Annual Subscription with Monthly Billing – By purchasing an Annual Subscription with Monthly Billing, you agree to twelve monthly payment installments, with the first payment being on the date that you commence your subscription and payments subsequently being made each month thereafter. After one year and annually thereafter, your Annual Subscription contract will renew and you agree to the successive twelve monthly payment installments at the then-current Annual Subscription rate, with the first payment being billed on the date of renewal. We will notify you before the date of renewal. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy. If you cancel, this prevents automatic renewal of your Annual Subscription – note that any/all remaining monthly payments within the current Annual Subscription term must be paid until the term has completed.

4.4 Subscription Service and Differing Subscriptions – By purchasing and holding an active Beatpick subscription, you are permitted to generate any number of License Agreements, the validity and terms of which are set out in each individual License Agreement document. We offer a number of different subscriptions (which may include special promotional plans), each providing access to License Agreements with a specific set of conditions and restrictions, as outlined on the Beatpick website. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans.

4.5 Price Changes – We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT rate (or other included tax or duty) changes during your Annual Subscription term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.

4.6 Payment Methods – You may change your payment information by visiting your account page on the Beatpick website. For all Beatpick Annual Subscriptions, payment processing is provided by Stripe and is subject to the Stripe Services Agreement. By agreeing to these Subscription Terms or continuing to use your Beatpick subscription, you agree to the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of Beatpick processing your payment via Stripe, you agree to provide Beatpick with accurate and complete information about you and/or your business, and you authorize Beatpick to share both this and your transaction information with Stripe. For certain payment methods, your bank or credit card issuer may charge you a foreign transaction fee or other charges. Check with your payment service provider for details.

4.7 No Refunds – All payments are nonrefundable and we cannot provide refunds or credits for periods when you don’t make use of your subscription.

4.8 Payment Failures – If a payment fails to process for any reason, we will notify you via email. You will be unable to generate new licenses until the payment has been made and you remain fully responsible to pay any/all remaining payments within the current annual subscription term.

4.9 Cancellation Policy – You can cancel your subscription to prevent annual renewal anytime via your Beatpick Account page by switching ‘Auto-Renew’ to ‘Off’, or by contacting Customer Support. If you cancel, this prevents automatic renewal of your Annual Subscription – note that any/all remaining monthly payments within the current Annual Subscription term must be paid until the term has completed.

4.10 Abuse Prevention Measures – Beatpick subscriptions grant access to an unlimited number of licenses. However, as a measure to prevent abuse, automatic generation of licenses via the Website is limited to 20 per day (midnight to midnight GMT) and 80 per paid month of your subscription. Additional licences may be requested as needed by contacting Beatpick support.

5. Pay-Per-Use Terms
5.1 We do not store debit/credit card information; all payments are dealt with by one of two secure online payment gateways, PayPal or Stripe.

5.2 You confirm that the debit/credit card used is your own. All card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your card refused to authorise the payment, or us or our authorised agents are unable to contact your card issuer, we will not be liable for any delay or non-delivery and we are no obliged to inform you of such refusal. We are not responsible for your card issuer or bank charging you as a result of our processing your card payment. You further confirm that all account details supplied by you when you order goods and true and accurate so please double check them before paying.

5.3 If you are dissatisfied with any service and/or product you have obtained from us, please get in touch with us by email at [email protected] within 48 hours of receiving the service/download and let us know the issue. We will then decide what the best course of action should be to resolve the problem.

6. Proprietary Rights
Save for the license granted under the Licensing Agreement, your use of the Website does not grant you any ownership or interest in any content, code, data or materials you may access on or through the Website or any intellectual property rights subsisting any content, code, data or materials you may access on or through the same.

7. Links To Third Party Websites
7.1 Any links to third party websites located on the Website are provided for your convenience only. We have not reviewed each third party website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage you to be aware of when you leave our Website and to read the privacy statements and terms and conditions of these sites. You should evaluate the security and trustworthiness of any other site connected to this Website or accessed through this Website yourself, before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

7.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any page on the Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us. We reserve our right to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.

7.3 If you choose to link to our Website in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

8. Copyright Policy
We respect the intellectual property of others. If you believe that your copyrighted work has been used in way that constitutes copyright infringement and is accessible on this Website, you must notify us in writing. In order for us to investigate your claim you must provide the following information when providing notice of the claimed copyright infringement:

• a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed;
• information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
• a statement that the complaining party “in good faith believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law”;
• a statement that the “information in the notification is accurate,” and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
  The above information must be submitted in writing to us at our registered office or by email to [email protected]. We will use reasonable care in investigating all claims which are made and include the information set out above.

9. Intellectual Property Notice
9.1 Copyrights, trademarks and other relevant intellectual property rights exist on all pages relating to our services and the full content of the website. Our logo and brand name are the trademarks of our company (whether registered or unregistered). At times, other intellectual property owned by other entities may be hosted on this Website. You agree that you are not to use any of this intellectual property without the express written consent of the intellectual property rights holder or as set out in the Licensing Agreement and Licensing Terms and Conditions.

9.2 Nothing contained on the Website should be construed as granting expressly or by implication any license or right to use any trademark displayed on the Website without our written permission or the third party that may own the applicable trademark/intellectual property.

10. Exclusion of Liability
We take reasonable steps to ensure that the information on the Website is correct. However, we do not guarantee the correctness or completeness of material on the Website and to the fullest extent permitted by law we hereby exclude all representations and warranties in respect of such material. Neither we nor any other party (whether or not involved in producing, maintaining or delivering the website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs (whether of a hardware, software or other nature) and, without limitation, any other direct, indirect, consequential or business loss.

11. Force Majeure
Neither you nor us shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including (but not limited to) any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade disaster outside of the control of either you or us, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If you or we are affected by such event they shall forthwith inform the other of the same and shall use all reasonable efforts to comply with the terms and conditions of any agreement.

12. Law and Jurisdiction
These Terms of Website Use shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with the website and/or the disclaimer are subject to the exclusive jurisdiction of England and Wales.

13. Notification of Changes
We reserve the right to change these conditions from time to time as we see fit and your continued use of the website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on the website. If there are any changes in how we use your personally identifiable information, notification by email or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

14. Waiver
Failure of either you or us to insist upon strict performance of any provision of this or any agreement or the failure of either you or us to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both you and us.
15. Indemnity
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, directors, officers, employees advisers, lenders and investors harmless from and against any and all liability and costs, including reasonable professional fees incurred by such parties, in connection with or arising out of your (a) violation or breach of any term of this disclaimer and the terms and conditions of use or any law, regulation, policy or guideline applicable to the use of the website, (b) violation of any rights of any third party, (c) use or misuse of the services provided by us or (d) use or misuse of the website.