Beat Contract
Terms and Conditions
By purchasing / licensing music from BeatCredz you agree to adhere the terms of this License Agreement. If you are accepting these terms on behalf of another person, company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms.
THIS LICENSE AGREEMENT is made between a purchaser using BeatCredz, hereafter referred to as the (Licensee/Buyer), and the beat provider BeatCredz, hereafter referred to as (Licensor/Seller) for good and valuable consideration, the receipt of which is hereby acknowledged. The date of the agreement shall be the date that the Licensee/Buyer purchases and/or downloads any beat provided by the Licensor/Seller from this website or otherwise.
All license terms must be followed correctly. Any breach of license terms may result in the termination of this agreement.
Refunds. BeatCredz does not offer refunds. All licenses are non-refundable and non-transferable If you do not agree to the terms in this license agreement: Do not use the music.
The musical composition, beat / instrumental composition (i.e. the “Beat” or “Beats”) licensed by (Licensor/Seller) is protected by copyright laws and international copyright treaties as well as other intellectual properties and remains the sole property of (Licensor/Seller).
Master Use. (Licensor/Seller) hereby grants (Licensee/Buyer) so long as the terms are adhered to in this unlimited royalty free non-exclusive license to record vocal synchronization on the musical composition, beat / instrumental [“BEAT NAME”] that is being licensed in this agreement in its original form (the “Master Recording” or the “Beat”) and in exchange for the payments required by the Licensor/Seller. The Licensee/Buyer shall have no rights and shall not add anything to a Beat (including but not limited to 3rd party samples of any kind) except for vocal synchronization over the Beat.
Mechanical Rights. (Licensor/Seller) hereby grants the original end-user (Licensee/Buyer) a perpetual royalty free royalty free non-exclusive license to use the Beat as long as it is used with vocal synchronization in the reproduction, duplication, manufacture, promotion, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings (“Derivative Recordings”), worldwide for up to the pressing or selling of an unlimited copies of Derivative Recordings. The Licensee/Buyer and the Licensor/Seller understand and agree that the Licensee/Buyer shall have the right to make multiple derivative recordings of any Beat acquired herein through the Licensor/Seller and under these terms and conditions. No license is granted for use of the Beat other than to create and/or distribute Derivative Recordings.
THE PARTIES UNDERSTAND AND EXPRESSLY AGREE THAT THE LICENSEE/BUYER SHALL HAVE NO RIGHTS AND SHALL NEVER USE, SELL, PERFORM, OR IN ANY OTHER WAY COMMERCIALLY EXPLOIT ANY OF THE LICENSED/PURCHASED BEATS WITHOUT USING THAT BEAT IN A DERIVATIVE RECORDING. THE PARTIES FURTHER UNDERSTAND AND EXPRESSLY AGREE THAT ANY SUCH PROHIBITED USE OR USES SHALL BE DEEMED A COPYRIGHT INFRINGEMENT AS WELL AS A BEING A MATERIAL BREACH OF THIS AGREEMENT.
Public Performances. (Licensor/Seller) hereby grants (Licensee/Buyer) a perpetual royalty free non-exclusive license (including synchronization rights and broadcast rights) to publicly perform any Derivative Recordings, however said right shall not include any rights to the monetization of the performance of the Beat, embedded in Derivative Recordings, on any audio or video platform.
Content ID / Monetization. This license DOES NOT include the ability to register for any content id services (“Content ID”) or monetize any online performance of the Beat on any service, now or hereinafter existing, including but not limited to YouTube Videos. The musical compositions, beat / instrumental that is being licensed (i.e. the Beat) and will be registered for Content ID where available. On YouTube videos, you may see ads alongside your but your video should not be blocked. If YouTube blocks your songs or videos please contact the Licensor/Seller and we will use reasonable efforts to try to solve the issue. If you register for Content ID to the Beat or attempt to monetize your video (including the licensed Beat) on any platform your license will be terminated and become null and void.
Crediting. (Licensee/Buyer) must credit (Licensor/Seller) as providing the Beat on all distributed media and in any performance formats under the name BeatCredz in writing, such as song titles, video titles, song & video descriptions and on any physical and tangible media such as album covers, posters, flyers. Example. “Great Song” (Beat by BeatCredz and featuring “artist”). Music used without crediting is NOT permitted and may result in your license being terminated and may lead to legal action being taken against you for copyright infringement.
Modifications Forbidden. This License FORBIDS modifications to the Beat i.e. removing or altering any content ID or other identifying information embedded by the Licensor/Seller into a Beat or by adding additional instruments, sounds and parts to the musical composition, beat/instrumental. However, the Licensee/Buyer may adjust track length and make small cuts for beat drops as long as this does not interfere with any content ID or other identifying information embedded by the Licensor/Seller into a Beat.
Representations and Warranties. The Licensee/Buyer represents and warrants that it shall have the legal right to add any of the material (including material that the Licensee/Buyer may have licensed from other 3rd parties) that it adds to the Beat to make the Derivative Recordings (the “Added Material”) and that the Added Material shall not constitute an infringement of any confidential information, trade secret, patent, copyright, trademark, trade name, or other legal right of any third party. The Licensor/Seller represents and warrants that it has made reasonable efforts to assure that any Beat provided to assure that the Beat shall not constitute an infringement of any confidential information, trade secret, patent, copyright, trademark, trade name, or other legal right of any third party (the “LS Reasonable Efforts”). For the purpose of this Agreement the parties understand and agree that the LS Reasonable Efforts shall consist of using commercially available software to detect whether the Beat infringes any other copyrighted work, and the LS Reasonable Efforts shall require no further efforts.
Indemnification. (Licensee/Buyer) agrees to indemnify, defend, and protect BeatCredz (Licensor/Seller) from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages (including attorneys’ fees) arising out of or in connection with any claim that the tracks furnished by under this license constitutes an infringement of any confidential information, trade secret, patent, copyright, trademark, trade name, or other legal right of any third party.
Miscellaneous. (Licensor/Seller) maintains and has the right to re-sell and license the musical composition, beat / instrumental to more than one party. (Licensee/Buyer) agrees and understands they CANNOT sell, loan, rent, lease, assign, or transfer all OR any of the products licensed by (Licensor/Seller) to another user in its original format.
Publishing. (Licensor/Seller) grants (Licensee/Buyer) 0% of publishing rights to any beats purchased or licensed hereunder, with the Licensor/Seller retaining 100% of all publishing and copyright rights to each Beat subject to these terms and conditions.
Warranty Disclaimer: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEATCREDZ MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, BEATCREDZ MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. BEATCREDZ WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL BEATCREDZ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. By availing yourself of the Website, Materials or related services, you agree to release and hold BeatCredz and the employees, officers, directors, shareholders, agents, representatives of BeatCredz, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with BeatCredz, any third-party providers or sources of information or data and legal advisers (collectively, "BeatCredz Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of BeatCredz that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold BeatCredz Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL BEATCREDZ BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF BEATCREDZ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. Where state laws apply these Terms and Conditions are governed in all respects by the laws of the Commonwealth of Massachusetts, excluding choice of law principles, as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the state or federal courts of Boston, Massachusetts, United States of America. All parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BeatCredz's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersedes all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
Modification of Terms and Conditions. From time to time BeatCredz may modify these Terms and Conditions in its sole discretion. When such modification is made, BeatCredz will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. BeatCredz is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.
Termination. Licensor/Seller may terminate this Agreement if the Licensee/Buyer breaches any of these Terms and Conditions including but not limited to the warranties and representations made above. In the event of termination, the Licensor/Seller will notify the Licensee/Buyer of the termination by electronic communication to the email address on file with the Licensor/Seller. Upon termination, all licenses granted herein shall cease and be of no further use or effect; Licensee/Buyer shall cease all use and distribution of the purchased or licensed Beats. Licensee/Buyer shall promptly delete all forms of the Derivative Works (containing Beats) from its website and demand that all third-party music distributors delete all Derivative Works (containing Beats) from their platforms within thirty (30) days of termination of this Agreement.
Miscellaneous.
- This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, successors in interest, and assigns.
- In entering into and performing this Agreement, Licensor and Licensee each have the status of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture between the parties, and neither is the other’s partner or employee.
- This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and may only be modified, altered, or amended by a written agreement signed by all parties. For purposes of this provision, a written modification, alteration, or amendment shall include e-mail transmission with proof of receipt and acceptance by the receiving party.
- Licensee/Buyer agrees that it enters into this Agreement with all knowledge of its terms, freely and voluntarily, and with a complete understanding of all the consequences of entering into this Agreement. Licensee/Buyer acknowledges that it has been represented in the negotiation and execution of this Agreement by an independent attorney of its choice who is familiar with the practices of the entertainment industry or Licensee/Buyer has willingly refrained from so doing.
- All notices and communication desired or required between the parties may be made via e-mail transmission, provided however that the sending party obtain proof of receipt of such communication by the recipient either by return e-mail, follow up telephone call, or facsimile.