Duvima Ltd Trading under the business name BeatBae is a limited liability company established in the Republic of Ireland (registration number 518848) having its registered office at Apt 65, Hill of Down House, Spencer Dock, Dublin 1, IRELAND (“BeatBae”/ “us”/ “we”/ “our” which terms shall include BeatBae’s successors and lawful assigns).
BeatBae offers online music services comprising broadly uploading, streaming and licence-purchasing services on its website www.BeatBae.com (“Website”).
The following terms and conditions of use (“Terms and Conditions”) apply to all Website Users using the Services and by using the Services you are deemed to have accepted these Terms and Conditions in original or amended form.
The date on which these Terms and Conditions shall take effect is 01 November 2019 (Effective Date).
BeatBae reserves the right to amend or alter these Terms and Conditions at any time without individual notice to you and such revised Terms and Conditions shall take effect on the Effective Date shown at the top of such revised Terms and Conditions. It is your responsibility to review the Terms and Conditions available on our Website from time to time to be aware of any such amendments. Each time you log on to the Website, following our upload of amended Terms and Conditions, you will be deemed to have accepted such amended Terms and Conditions.
You should be aware in particular that by creating a Producer Subscription account with BeatBae you are accepting and agreeing to BeatBae Music Upload Terms appearing at the end of these Terms and Conditions. These are contractually binding terms creating legal obligations undertaken by you. If you breach those Music Upload Terms you may find yourself liable for the payment of damages under civil law and / or at risk of prosecution and conviction under criminal law. You must read the Music Upload Terms carefully and if you are in any doubt about their meaning or the obligations you are undertaking by accepting them, you should consult with your legal advisor.
Producer
means any person (to include any corporation or organisation or individual representing such corporation or organisation) who has set up a Producer subscriber account on the Website and who is therefore entitled to utilise the Producer functionality and Services available to Producer subscribers on the Website in accordance with their selected Producer subscriber package. Licence Agreement(s)
Agreement(s) means any licensing contract concluded between a Producer and Listener using the licence contracting functions provided on the Website. Listener
means any person (to include any corporation or organisation or individual representing such corporation or organisation) who has set up a BeatBae Listener account on the Website and who can therefore utilise the Listener functions and services available to registered Listeners on the Website. Services
means the totality of the services provided to Website Users by BeatBae to include, where applicable, the specific services made available to Producer subscribers and to registered Listeners respectively. Website User
means any person (to include any corporation or organisation or individual representing such corporation or organisation) using all or any of the facilities and services offered on BeatBae and the term “Website User” shall include visitors to the Website as well as Producers and Listeners “you”/”your”
refer to any Website User and will be construed as the context of the use of those words reasonably implies or requires.A Website User may register separately with BeatBae as both a Producer and a Listener.
This Services are 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.
Some Website Visitors may find some content on the Website offensive and / or some of the content on the Website may be unsuitable listening / viewing for young children. Parents / guardians should exercise appropriate supervision and control of online material accessed by their children and BeatBae suggests that parents should supervise their children’s on-line activities and consider using parental control tools technology to help provide an appropriate on-line environment for their children.
The information, artwork, text, video, audio tracks / recordings, pictures, images, graphics, trade-marks, brand-names, software and other intellectual property (collectively “Materials”) contained in and / or accessible on the Website are protected by international laws including copyright laws. You may only access and use the Materials for personal browsing on the Website and for the purposes provided for in these Terms and Conditions. You may not otherwise copy, download, reproduce, distribute, publicly perform, publicly display, modify or create derivative works of or otherwise use the Materials, unless authorised by the appropriate copyright owner(s) to include Producers and BeatBae. In the event that you print any Materials from the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on the BeatBae server except where expressly authorised by these Terms and Conditions to do so (if at all). You must not, nor must you attempt, to publish or represent any Materials as your own work except where you are the copyright owner of such Materials. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable licence agreement. Before using any BeatBae logo or trademark, you must contact BeatBae to request consent to such use and BeatBae shall be entitled to grant or deny consent to such use in its absolute discretion. BeatBae may modify these Terms and Conditions in its sole discretion. When such modification is made, BeatBae.com will post a revised version of the Terms and Conditions on the website. Modifications will be effective when they are posted.
Producers and Listeners wishing to enter into a Licence agreement in respect of any audio-track uploaded by a Producer to the Website using the contract formation functionality provided on the Website accept and agree that they conclude such Licence Agreements exclusively with each other and not with BeatBae.
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others to include material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, obscene, sexually violative or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without BeatBae’s express prior approval, contains advertising or any solicitation with respect to any products or services other than the content of the Materials and the Services. If we are of the opinion that a user is or may be abusing the Services or violating these Terms and Conditions in any way, we reserve the right to:
BeatBae gives no contractual warranties or representations to Website Users concerning Materials licensed by Producers to Listeners, to include without limitation any warranties as to;(a) the fitness of any Materials for the purposes of any use by a Listener of Materials the subject of a Licence Agreement;(b) the copyright ownership of any Materials the subject of a Licence Agreement; or (c) the Materials being free from any software bugs or viruses. Any warranties (if any) in this regard are made by the Producer to the Listener only. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEATBAE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS AVAILABLE ON OR THROUGH THE CONDUIT OF THE WEBSITE, 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, BEATBAE MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. BEATBAE 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 BEATBAE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH THE WEBSITE. 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.
If there are any issues with your Producer subscription, Listener registration or any of the Services made available to you as a BeatBae Website User, you should contact BeatBae immediately and we will try to resolve those issues with you amicably and in good faith. Website Users may notify us by emailing us on info@BeatBae.com if they have concerns about any alleged offensiveness of any BeatBae Content. BeatBae reserves the right to disable access to any Content or Materials with or without cause at any time, and without any admission of liability or culpability on the part of BeatBae or any Producer who has uploaded the Content in question to the Website and whether in response to a complaint made by a Website User about alleged offensiveness of Content or otherwise.
BeatBae provides both a Premium Producer Subscription package and a Standard Producer Subscription package. Please see the list of Services provided by BeatBae on each package on the “Subscribe” page of our website [INSERT HYPERLINK TO THE RELEVANT PAGE OF THE WEBSITE HERE]. By selecting and paying for a BeatBae Producer Subscription package, you are, by the Music Upload Terms, warranting that all rights, including copyright, in Materials (to include without limitation, audio tracks and graphics) uploaded by you to BeatBae are wholly-owned or sufficiently controlled by you to ensure that availability of, streaming of and download and use pursuant to a Licensing Agreement of any such Materials, will not infringe on the rights, to include intellectual property rights, of any third-party. You must not knowingly upload any Materials to the Website that contain viruses or bugs or software that could corrupt or interfere with the functionality of the Website or any other Website User’s software or hard-ware devices. As a Producer subscriber, you are required to pay BeatBae an annual or monthly subscription fee in accordance with the BeatBae Producer subscription package you have selected. As a Producer subscriber you may cancel your BeatBae Producer subscription at any time by emailing info@BeatBae.com . No refunds will be made for any subscription period already paid at the time of cancellation and your subscription will remain live and active until the end of the period for which you have already paid your subscription.
BeatBae does not own the musical compositions, sound recordings, art or other written or visual images posted by Producers to the Website. All such content is posted by an individual, group or company (collectively, the “Artist”) who has represented and warranted to BeatBae.com that, among other warranties, neither that content nor the names, trademarks and service marks under which such content is promoted (collectively, the “Name”) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or any person’s moral rights. Since BeatBae.com is not in a position to determine who has the prevailing claim to use any particular content or Name posted to the Website, its policy on such matters is that they be resolved directly by the parties alleging misuse of their content and/or Name (the “Complainants”) and the Artists. We recommend that Complainants immediately notify Artists about allegations of infringement by going to the Artist’s page on the Website, clicking the contact link and contacting the Artist directly. It is expected that once notified of a claim, Artists will voluntarily cease using such infringing content and / or Name on the Website and elsewhere unless they contest the claim. Complainants may notify BeatBae concerning any content and / or Name being used on the Website in violation of their rights by sending an email to info@BeatBae.com BeatBae.com only shall use information provided by Complainants in accordance with its then current Privacy Policy and as reasonably necessary to address any allegations of copyright infringement made by the Complainant, which may include disclosing some or all of the information to Artists. In most cases, soon after receiving written notice alleging infringement, BeatBae.com either will remove the allegedly infringing content and / or Name from the Website pages identified or, at its sole discretion remove those Website pages. Such removal shall not determine, nor shall it be regarded as acknowledging or determining in any way the validity or otherwise of any infringement claim made by a Complainant and it is a matter for Complainant and Artist to determine the validity or otherwise of such infringement claim.
BeatBae hereby disclaims all and any liability to either Producers and / or Listeners (to include and their licensees and assignees) arising from the formation of and / or performance by either Producers or Listeners of any Licence Agreement and Website Users acknowledge and accept that in no circumstances shall BeatBae have any such liability to them and they shall not hold or seek to hold BeatBae liable, in court proceedings or otherwise, for any damages, loss, injury, expenses or costs (including legal costs and lawyers’ fees) sustained or incurred by them arising from the formation and / or performance of any Licence agreement. In availing of the Services and / or streaming or downloading Materials from the Website you agree that you will not hold or seek to hold BeatBae (to include its shareholders, directors, associated companies, employees, third-party contractors, agents, representatives, affiliates, subsidiaries, advertising and / or promotion agencies, any entity controlling, controlled by or under common control with BeatBae, professional advisors or information providers collectively referred to as “BeatBae Affiliates”) harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials and / or Services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunction, software viruses or bugs, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed digital transmissions; (c) any condition caused by events beyond the control of BeatBae that may cause the Website or 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 Services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or Services. In addition, you agree to defend, indemnify and hold BeatBae and BeatBae Affiliates harmless from any claim, suit or demand, including reasonable legal costs and lawyers’ fees, made by a third party due to or arising out of your utilising the Website, Materials or Services, your violation or breach of these Terms and Conditions, your violation of any rights of any third party, or any other negligent act or omission by you. UNDER NO CIRCUMSTANCES WILL BEATBAE BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY MATERIALS STREAMED BY OR DOWNLOADED BY YOU FROM THE WEBSITE OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF BEATBAE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BeatBae disclaims liability for the content and security of any website linked from the BeatBae website. The presence of a link to any third party website from the BeatBae Website does not imply endorsement by BeatBae of the content and / or security measures implemented such third-party website. You connect with a third-party website via any link on the BeatBae Website at your own risk.
Additional Definitions
You warrant that you own and / or control one hundred percent (100%) of both the copyright and publishing rights in the musical compositions incorporated in the Sound Recordings.You warrant that you own and / or control one hundred percent (100%) of both the copyright and mechanical rights in the Sound Recordings themselves.You warrant that all performers’ rights in respect of musical or other performances incorporated in the Sound Recordings have been cleared to an extent sufficient to entitle you to upload them to the Website, to offer them as available to be licensed to Listeners and to license them in accordance with the terms of any Licence Agreement you enter into with any Listener and that no claim for performer’s equitable remuneration is payable in respect of the upload of the Sound Recording and streaming of the Sound Recording on the Website. You warrant that no third-party samples are included in the Content.You warrant that no name, trademark and / or service mark under which your Producer Content is posted or promoted by you on the Website infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or any person’s moral rightsYou warrant to us that the upload to, availability of and streaming of Producer Content on the Website will not infringe the moral rights in any jurisdiction or territory of any person.
(i) You hereby grant a royalty-free licence in perpetuity to BeatBae to use your Producer Content or part(s) of the Producer Content for its own promotional and publicity purposes on the Website and in any other format or medium, worldwide and in any language, whether on the BeatBae Website or on any third-party platform or medium.
(ii) You consent to the use in perpetuity by BeatBae of your name and, to the extent provided by you to BeatBae as part of your Producer Content, your biography, image and other personal information or voice recording, for its own promotional and publicity purposes on the Website or in any other format or medium, worldwide and in any language, whether on the BeatBae Website or on any third-party online platform or medium.
(iii) You acknowledge and accept that no fee, residual or royalty shall be paid to any rights holder (to include performers) by BeatBae or any other party in respect of the use by BeatBae of your Producer Content for its own publicity and promotional purposes and confirm that equitable remuneration has been paid to any performers on the Sound Recordings in respect of such publicity and promotional use of the Content.
These Terms and Conditions are governed in all respects by the laws of and subject to the exclusive jurisdiction of the courts of the Republic of Ireland unless BeatBae opts in its sole discretion to submit such interpretation and / or dispute to the laws and courts of any State of the U.S.A. or to the Federal Law of the U.S.A. as appropriate or as selected by BeatBae, in respect of these Terms and Conditions. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deemed deleted from these Terms and Conditions and the remaining Terms and Conditions shall remain in force. Any forbearance by BeatBae from asserting or enforcing any entitlement or right it may have against you in respect of a breach by you of all or any of these Terms and Conditions shall not preclude BeatBae from asserting or enforcing that entitlement in respect of a subsequent breach by you. 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 othe business documents and records originally generated and maintained in printed form.
END OF TERMS AND CONDITIONS
Version 2020