Welcome to TheBeatMachine.net. We are a subscription service that provides our members with access to audio files including but not limited to instrumental tracks, songs, audio loops, sound-kits and one-shot samples.
THE BEAT MACHINE, LLC. (“THEBEATMACHINE.NET”)
END USER LICENSE AGREEMENT "EULA"
Last updated December 1, 2019
We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.
1. Your Account
1.1 In order to use the Service and have access to the digital audio content such as sound recordings, samples, beats and loops (each, an “Audio File” and collectively, the “Audio Files”) you will need to create an account. You must be 18 (eighteen) years of age or over to create an account, and you confirm that you are legally capable of entering into binding contracts.
1.2 You can choose the following membership accounts:
1.2.1 Paid Membership for which we will need your name, email address, country of residence, postcode and payment method. You will be charged in accordance with clause 3 and following payment, your subscription will become active automatically and you will have access to download certain amounts of Audio Files on the Service according to these Terms (especially clause 3).
1.2.2 Free Membership is for users who wish to have limited access to our “Audio Files”.
1.3 You are responsible for your own account, including making sure that your details are correct and kept up to date and for ensuring that your password is secure. If you think that your account is being used by anyone else, please Contact Us immediately. If we believe that your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.
2. Rights Granted
2.1 Subject to the restrictions set out in these Terms, we hereby grant you a limited, non-exclusive, non-transferable, perpetual, worldwide right to use any Audio File you download from the Service solely as incorporated into a musical work created by you (“Your Music”).
2.2 You may use the Audio Files as incorporated into Your Music in nearly any work (commercial or non-commercial), including music, sound design, feature films, broadcasting, commercials, industrial, educational videos, multimedia, games, merchandise, and the internet.
2.3 With respect to any online exploitation of any Audio File, you agree to use your best efforts to protect and secure your downloaded Audio Files so that they cannot be searched for, downloaded, or otherwise used by non-members.
2.4 You may not sell, rent, loan, lend, give, sublicense, or otherwise transfer to anyone the Audio Files other than as incorporated into Your Music or the right to use the Audio Files. This license authorizes only one natural person to license, download and use the Service and download the Audio Files on one or more devices. We reserve the right to limit the number of devices on which you may simultaneously use the Service.
2.5 The usage of the Audio Files for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument is strictly prohibited. Individual samples, sound sets or audio loops may not be distributed (commercially or otherwise) on a standalone basis. Furthermore, the Audio Files may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.
2.6 You shall own all intellectual property rights in all Your Music incorporating any of the Audio Files, provided, however, that you shall not own any underlying Audio Files incorporated into Your Music.
3. Paid Subscriptions
3.1 In order to register for Membership Plans, you are required to provide a valid debit or credit card or other payment methods that we accept (“Payment Provider”) and by subscribing to a Membership Plan, you agree that we are authorized to charge you immediately and at the beginning of any subscription period. You also agree that you shall promptly notify us of any change in your billing information.
3.2 You agree to pay all fees and taxes for your Membership Plan in accordance with the fees, taxes, and billing terms in effect at the time a membership fee is due and payable. To the extent that the Services are subject to value added tax (“VAT”), such VAT is included in the total purchase price.
3.3 You may purchase your Membership Plan on a monthly basis. ONCE PURCHASED, YOUR MEMBERSHIP PLAN WILL AUTOMATICALLY CONTINUE ON A RECURRING MONTHLY BASIS UNTIL YOU CANCEL YOUR MEMBERSHIP PLAN, OR WE TERMINATE IT. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL YOUR MEMBERSHIP PLAN BY LOGGING IN INTO YOUR ACCOUNT AND VISITING THE BILLING SECTION OF YOUR PROFILE. YOU MUST CANCEL YOUR MEMBERSHIP PLAN BEFORE IT RENEWS EACH MONTH IN ORDER TO AVOID BEING BILLED FOR THE NEXT MONTH'S MEMBERSHIP FEES. MEMBERSHIP PLANS WHICH HAVE BEEN PAID FOR CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, EXCEPT AS EXPRESSLY SET FOR IN THESE TERMS, AND WE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. An upgrade of your paid subscription goes into effect immediately, whereas a downgrade takes place in the next billing period.
3.4 We may in the future offer an annual payment option or a lifetime subscription in which case you will be required to make an annual payment or a one-off payment, respectively, when subscribing to the Service.
3.5 Your subscription will continue indefinitely unless terminated in accordance with these Terms.
3.6 We may, at any time, change our prices or billing methods, either immediately by posting on the Service or by notifying you via email. Please note that prices may differ depending on your geographic or regional location, or at our discretion.
4. Your Right of Withdrawal
4.1 If you are a consumer resident in the European Union, then you may have the right of withdrawal of your Membership Plan without giving any reason, and ask for a refund within 14 (fourteen) days of purchasing such membership. However, as explained below, this right is lost as soon as you download or use any of the Audio Files, or use any of the Services.
4.2 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (using the tools provided on the Service or e.g. a letter sent by post, fax or email). You may use the model withdrawal form, but this is not obligatory. Please make sure that you include the details of your membership purchase so that we can identify it. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4.3 If you validly withdraw from our contract, we shall reimburse to you the price you paid for your Membership Plan without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
4.4 If you subscribe for a Membership Plan, you expressly accept that we start providing you this Service within your 14-day withdrawal period and you accept these Terms, conditions, limitations and requirements. You acknowledge that by receiving or accessing the Service, you will lose your statutory right to cancel the purchase.
4.5 These rights of withdrawal do not affect your legal rights.
5. Accessing The Service
5.1 We may change or remove any Audio File, Service or parts of the Service at any time.
5.2 The legal rights (including the intellectual property rights) in the Service and any content on it is owned by us, or licensed to us by third parties. The Service and content is protected by international copyright laws and database rights. Subject to your rights under clause 2.1, nothing on the Service grants you any license or right to use, alter or remove such material. You may not use our trademarks, logos or other intellectual property without our prior written permission.
5.3 From time to time the Service may include links to other websites. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked website(s).
5.4 We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
5.5 We may suspend, withdraw, discontinue or change all or any part of the Service without notice.
5.6 We do not guarantee that the Service, or any content on it, will be free from errors or omissions.
6. Your Use of the Service
6.1 You agree that you will not:
6.1.1 impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;
6.1.2 use virtual private networks, false email addresses or any other means to mask your identity;
6.1.3 attempt to access the accounts of other users or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, or Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
6.1.4 disable or modify any copy protection technology used on the Service;
6.1.5 abuse the rating system on the Service;
6.1.6 alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
6.1.7 collect, harvest or ‘scrape’ any data from any web pages contained in the Service;
6.1.8 upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner), offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
6.1.9 upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, or confidence, under data protection legislation or other intellectual property law;
6.1.10 do or omit to do anything which would bring us, the Service, our suppliers or other users into disrepute or in any way damage our or their reputation; or
6.1.11 interfere with another user’s use and enjoyment of the Service or the Audio Files in any other manner that could damage, disable, overburden or impair the Service or the Audio Files.
6.2 The download of Audio Files for you is limited according to the price plan you choose.
6.3 We may suspend, restrict or terminate your account and your access to the Service if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
7. Copyright Infringement and Content Takedown
7.1 Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Service. Nevertheless, we reserve the right to take any such actions in our sole discretion.
7.2 If you believe that your work, or the work of someone you are authorized to represent, has been uploaded to the Service, without your authorization, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information:
7.2.1 a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;
7.2.2 a description of the works that you claim is infringing or where it is located on the Site, with enough detail that we may verify its existence;
7.2.3 a description of the copyright works that you claim have been infringed;
7.2.4 your full name, address and telephone number and a valid email address on which you can be contacted;
7.2.5 a statement that you believe in good faith that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
7.2.6 a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorized to act on behalf of the owner of the copyright work that is allegedly infringed.
7.3 Please send the notice containing the above information by email to help@TheBeatMachine.online.
7.4 Notwithstanding our position that we are not obliged to monitor any content uploaded to the Service (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Service.
7.5 We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Service.
8.1 From time to time, we may offer some of the Audio Files for free and/or for a limited period of time. This may include Free Trials or coupons but such offers are at our sole discretion and may be subject to specific terms and conditions.
9. Limitation of Liability
9.1 Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
9.3 We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. Any liability we do have for losses you suffer is strictly limited to the purchase price you paid and we are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
9.4 Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited under applicable law.
9.5 Where we provide digital content (including Audio Files) as part of the Service, then the following will apply for consumers resident in the European Union:
9.5.1 If an Audio File is faulty, you are entitled to request that it is repaired or replaced;
9.5.2 If the fault cannot be fixed within a reasonable time, you may be entitled to receive a full or partial refund of any fees paid (if any); and
9.5.3 If you can demonstrate that the fault has damaged your device and that we have not used reasonable skill and care, then you may be entitled to a repair or to compensation.
9.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.
9.7 We assume no responsibility for the content of websites linked on the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10. Other Important Terms
10.2 These Terms do not affect your legal rights. For further information about your legal rights please contact your local authority.
10.3 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
10.4 This contract is between you and us. No other person has any rights to enforce any of its terms.
10.5 Except as provided in clause 2, you may not assign, sublicense or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms.
10.6 If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
10.7 These Terms, and any contract between you and us, are in the English language.
10.8 These Terms shall be governed by and interpreted in accordance with the laws of the State of California, USA. To the extent permitted by local law, conflict of laws principles under the United Nations Convention on the International Sale of Goods (CISG) shall be excluded. All claims, disputes, or disagreements relating to these Terms shall be submitted non-exclusively to the jurisdiction of the state or federal courts located in Los Angeles County, California, USA, and the parties waive any and all objections to the venue and jurisdiction of those courts.
11. How to Contact Us and Further Information
11.1 If you have any feedback, questions or complaints or any requests for technical support, please submit a request online to administrator@TheBeatMachine.com.
11.2 We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.
Thank you for visiting TheBeatMachine.net.