TERMS & CONDITIONS OF USE
Access to and use of the Bidbeatz Media ("Bidbeatz") website ("site" or "Bidbeatz.com") is provided subject to these Terms and Conditions ("Terms and Conditions"). PLEASE READ THESE AND CONDITIONS CAREFULLY. ACCESSING AND BROWSING THIS SITE (OTHER THAN TO READ THIS NOTICE FOR THE FIRST TIME) CONSTITUTES ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THESE TERMS AND CONDITIONS.
Ownership
This site is owned and operated by Bidbeatz and contains material that is the legal property of Bidbeatz, which actively and aggressively enforces its intellectual property rights to the fullest extent of the law. You may not modify, copy, reproduce, publish, upload, post, distribute, transmit or in any way exploit any material from this site, including code and software. Without limiting the generality of the foregoing, unless expressly authorized you may not distribute any part, feature or element of this site over any network, including a local area network, nor sell nor offer it for sale. This site (including, but not limited to, text, content, photographs, graphics, video, and audio content) is protected under the copyright laws of the United States and other countries and under international law. Bidbeatz.com is specially designed to let producers sell their exclusive and non exclusive beats and rap instrumentals, and engage in online producer battles. ANY UNAUTHORIZED PRESENTATION, MODIFICATION OR RECASTING OF THIS SITE IS EXPRESSLY PROHIBITED.
Trademarks, service marks, and logos ("Trademarks") displayed on this site are registered and unregistered Trademarks of Bidbeatz LLC. All other Trademarks, product names, and company names or logos displayed on this site are the property of their respective owners. The use of Bidbeatz's Trademarks in the HTML code of any website other than those which have received the express authorization of Bidbeatz constitutes trademark infringement and is expressly prohibited.
Users producers beats on Bidbeatz.com are not owned by Bidbeatz.com, but by the producer who created the beat. Users are only able to sell their beats or add their beats to their profile if they pay the fee which is $3.00 USD per 1 beat, and $10.00 USD per 5 beats.
If an exclusive beat instrumental is purchased by through the profile or through any other form on Bidbeatz.com, then rights are no longer in possession of the creator, but the user who purchased the beat instrumental.
User Restrictions
This site includes an audio interface which allow real-time interaction between members, including via a chat feature. Bidbeatz neither monitors nor exerts editorial control over such communication and assumes no responsibility for its content or nature. Participants are allowed to use the chat feature as long as they do not: Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Although Bidbeatz.com does not monitor for such behavior, it reserves the right to terminate access to any user who does not abide by these User Restrictions.
License to Bidbeatz.com
Testimonials of Producer's music posted to Bidbeatz.com e-mail or otherwise submitted to it will not be used by Bidbeatz.com for commercial purposes, without written or verbal consent from that producer. Disclaimer of Warranty
This site, its audio interface, and other elements are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions. Bidbeatz.com makes no representation or warranties of any kind with respect to this site or its contents. Specifically, Bidbeatz.com does not warrant that this site, the audio interface, and other elements herein will be uninterrupted or error-free. USE OF THIS SITE IS AT THE RISK OF THE USER OR PARTICIPANT.
Rules for Uploading Beats
Any beat that is being posted by a producer must be a beat that is produced/or owned by the producer.
If a seller is selling beats on Bidbeatz.com, they must be original and not sampled. Bidbeatz.com has no way to tell if a beat is sampled and they cannot be held liable for any sampled or falsely presented beats. The producers who claim this is their original work are to be held liable for any issues dealing with beat fraud or sampling.
Purchasers of Beats on Bidbeatz.com
It is important to understand how the Non Exclusive and Exclusive beats works when you are buying a beat on Bidbeatz.com
A Non Exclusive beat is a beat that the producer offers anyone the right to use after they purchase it on Bidbeatz.com A Non Exclusive beat is a beat where the producer is able to sell its rights multiple times. This means even though you buy the rights to use the beat, you are not the only entity who has the right to use this beat.
An Exclusive Beat is a beat that only one person can purchase and own the rights to use it. If an Exclusive beat is sold on Bidbeatz.com, the buyer gains rights to use to beat. The buyer of the beat is the only person or company allowed to use this beat. The buyer gains the sole rights to use the beat, but cannot re sell the purchased beat. If the beat is used for commercial purposes with a record label with gross revenue of over $1,000,000, the producer must receive credit for the beat, unless agreed upon otherwise by the two parties.
Payment
Payment can either be with any major credit card or a Paypal account. After that time they can go back to their paypal account and continue downloading the beat.
Sellers of Beats on Bidbeatz.com
It is important to understand how the Non Exclusive and Exclusive beats works when you are selling a beat on Bidbeatz.com.
A Non-Exclusive beat are beats that a producer can sell the rights to use the beat to multiple people on Bidbeatz.com This means even though you have sold the beat once, you are able to sell it to as many people as you would like.
Buyers of Non-Exclusive beats are subject to the following license agreement:
NON EXCLUSIVE BEAT LICENSE AGREEMENT
The Bidbeatz.com Exclusive Producer (hereinafter referred to as the "Licensor") in accordance with the terms stated in this agreement gives __Purchaser__ (hereinafter referred to as the "Licensee") a license to lease a non-exclusive beat purchased from Bidbeatz.com
RIGHTS GRANTED TO THE LICENSEE
Licensee does have the worldwide, non-exclusive, non transferable right for the use of the Music as long as additional audio/visual performances are recorded with our musical compositions (hereinafter referred to as “synchronization”) The licensee is granted permission to sell or broadcast only in synchronization or mechanical reproduction with other visual or audio performances (vocals) added by Licensee. Rights include distribution of phono-record demos created using the Bidbeatz.com Exclusive Producer compositions. Licensee has distribution, performance and radio rights as long as they adhere to the following restrictions. Licensee understands that the rights that are being granted to the Licensee in this Agreement are non-exclusive and that the Licensor will have the full authority and full right to issue other parties the right to use the Original Instrumental Composition that is being licensed in this agreement.
1) The License expressly FORBIDS resale or other distribution of the Bidbeatz.com Exclusive Producer''s compositions, either as they exist or any modification thereof. You CANNOT sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all OR any of the products sold or their rights under Bidbeatz.com to another user (example - Record Label, another production company, another producer), or for use in any competitive product.
2) The Licensee understands that the Original Instrumental Composition that is being licensed in this agreement does not contain any unapproved samples. The Licensee also understands that they are responsible for clearing all samples that they choose to use and that the Licensor cannot and will not be held liable for the misuse of any sampled material that the Licensee uses in conjunction with the Original Instrumental Composition that is being licensed in this agreement.
3) Licensee cannot resell, lease or license any compositions to another user without written permission from licensor. The Licensee understands that The Licensor maintains 100% copyright and ownership of the Original Instrumental Composition that is being licensed in this agreement, and the Licensee has neither the right nor authority to sell or license the rights to the Original Instrumental Composition weather in whole or part to any other party.
4) Licensee cannot use beat compositions as a background element in TV, Film and DVD projects without obtaining written consent and or another license agreement.
5) Licensee must supply the Bidbeatz.com Exclusive Producer with at least 1 copy of each final recording made using the Bidbeatz.com Exclusive Producer''s Music.
6) Licensee must include on all productions the producer''s name. Licensee agrees to display this statement on all physical media containing a portion or sum of the Original Instrumental Composition that is being licensed in this agreement. Including but not limited to CD's, CD covers, Cassette tapes, Cards, etc.
Example Credits
Music produced by [the Bidbeatz Exclusive Producer].
Music © 2008 All Rights Reserved. Used under License.
MP3 Files Must Include - Produced by [the Bidbeatz Exclusive Producer].
7) Licensee may sell completed work using music from Bidbeatz.com in any format.
8) Licensee must contact and inform licensor of CD sales exceeding 2,000 units. Licensor is only bound to this particular agreement until sales exceed 2,000 records distributed and sold at which licensor and licensee will adhere to another fair and honorable agreement. Licensor will remain copyright holder.
9) Use of the Bidbeatz.com Exclusive Producer''s compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the Bidbeatz.com Exclusive Producer. If you are interested in using the Bidbeatz.com Exclusive Producer''s compositions for Radio Broadcast, Commercial Advertisement , Television Broadcast, Video Games, Internet, On-hold & In House Background Music, or film Soundtracks you must contact the Bidbeatz.com Exclusive Producer directly in order to be granted such license.
PERFORMANCE AGREEMENT
1) Licensee has the right to perform with the Bidbeatz.com Exclusive Producer''s music in public. If the Bidbeatz.com Exclusive Producer''s music composition purchased by licensee is exploited regionally, nationally or world wide via radio, television, motion picture or in any other form of entertainment, licensee must contact licensor so that licensor can take proper steps in obtaining any performance royalties generated.
2) Licensor is the sole owner of the music referred to in this agreement. Licensee has no ownership of the Bidbeatz.com Exclusive Producer''s copyrights.
3) Licensee must comply with every aspect of this agreement or this license will be terminated.
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An Exclusive Beat is a beat that the producer can only sell the beat once. Once the beat is purchased, the buyer becomes the only person with rights to use the beat. The user gains the right to use it in commercial and non commercial venue. The buyer is not allowed to resell the beat to a third party. If the beat is used for commercial purposes with a record label with gross revenue of over $1,000,000, the producer must receive credit for the beat, unless agreed upon otherwise by the two parties.
Buyers of Exclusive beats are subject to the following license agreement:
EXCLUSIVE BEAT LICENSE AGREEMENT
The Bidbeatz.com Exclusive Producer (hereinafter referred to as the "Seller") in accordance with the terms stated in this agreement gives __Purchaser__ (hereinafter referred to as the "Buyer") the rights to exclusive beats purchased from Bidbeatz.com.
RIGHTS GRANTED TO THE BUYER
Buyer does have the worldwide, exclusive, transferable right for the use of the Music as long as additional audio/visual performances are recorded with our musical compositions (hereinafter referred to as “synchronization”) The Buyer is granted permission to sell or broadcast only in synchronization or mechanical reproduction with other visual or audio performances (vocals) added by Buyer. Rights include distribution of phono-record demos created using the Bidbeatz.com Exclusive Producer compositions. Buyer has distribution, performance and radio rights as long as they adhere to the following restrictions. Buyer understands that the rights that are being granted to the Buyer in this Agreement are exclusive and that the Seller will have the no authority and no right to issue other parties the right to use the Original Instrumental Composition that is being licensed in this agreement.
1) The License expressly FORBIDS resale or other distribution of the Bidbeatz.com Exclusive Producer''s compositions, either as they exist or any modification thereof. You CANNOT sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all OR any of the products sold or their rights under Bidbeatz.com to another user (example - Record Label, another production company, another producer), or for use in any competitive product without written consent and or another license agreement.
2) The Buyer understands that the Original Instrumental Composition that is being licensed in this agreement does not contain any unapproved samples. The Buyer also understands that they are responsible for clearing all samples that they choose to use and that the Seller cannot and will not be held liable for the misuse of any sampled material that the Buyer uses in conjunction with the Original Instrumental Composition that is being licensed in this agreement.
3) Buyer cannot resell, lease or license any compositions to another user without written permission from Seller. The Buyer understands that The Seller maintains 100% copyright and ownership of the Original Instrumental Composition that is being licensed in this agreement, and the Buyer has the right to sell or license the rights to the Original Instrumental Composition weather in whole or part to any other party with written permission from the Seller.
4) Buyer cannot use beat compositions as a background element in TV, Film and DVD projects without obtaining written consent and or another license agreement.
5) Buyer must supply the Bidbeatz.com Exclusive Producer with at least 1 copy of each final recording made using the Bidbeatz.com Exclusive Producer''s Music.
6) Buyer must include on all productions the producer''s name. Buyer agrees to display this statement on all physical media containing a portion or sum of the Original Instrumental Composition that is being licensed in this agreement. Including but not limited to CD's, CD covers, Cassette tapes, Cards, etc.
Example Credits
Music produced by [the Bidbeatz Exclusive Producer].
Music © 2008 All Rights Reserved.
MP3 Files Must Include - Produced by [the Bidbeatz Exclusive Producer].
7) Buyer may sell completed work using music from Bidbeatz.com in any format.
8) Buyer must contact and inform Seller of CD sales if the Original Instrumental Composition is used for commercial purposes with a record label with gross revenue of over $1,000,000, the Seller must receive credit for the Original Instrumental Composition, unless agreed upon otherwise by the two parties.
9) Use of the Bidbeatz.com Exclusive Producer''s compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the Bidbeatz.com Exclusive Producer. If you are interested in using the Bidbeatz.com Exclusive Producer''s compositions for Radio Broadcast, Commercial Advertisement, Television Broadcast, Video Games, Internet, On-hold & In House Background Music, or film Soundtracks you must contact the Bidbeatz.com Exclusive Producer directly in order to be granted such license.
PERFORMANCE AGREEMENT
1) Buyer has the right to perform with the Bidbeatz.com Exclusive Producer''s music in public. If a Bidbeatz.com Exclusive Producer''s music composition purchased by Buyer is exploited regionally, nationally or worldwide via radio, television, motion picture or in any other form of entertainment, Buyer must contact Seller so that Seller can take proper steps in obtaining any performance royalties generated.
2) Buyer is the sole owner of the music referred to in this agreement. Buyer has no ownership of the Bidbeatz.com Exclusive Producer''s copyrights.
3) Buyer must comply with every aspect of this agreement or this license will be terminated.
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Fees for Selling
Bidbeatz.com does not make any money off the producers in terms of payment fees. Although Bidbeatz.com offers a no commission fee, producers will be liable for all Paypal and credit card fees incurred in a transaction. For example if a producer sells a beat for $12USD they may only receive $10 for the beat after all Paypal fees are covered. There is a beat transfer fee for selling beats, but the buyer pays for it. This is to ensure that producers get the full amount for the beat.
Fraud/Sampling
If a seller is selling beats on Bidbeatz.com, they must be original and not sampled. Bidbeatz.com has no way to tell if a beat is sampled and they cannot be held liable for any sampled or falsely presented beats. The producers who claim this is their original work are to be held liable for any issues dealing with beat fraud or sampling.
Payment
Producers will be paid out once the auction ends or when the seller uses the buy out option. The producer can accept payment by credit card, Paypal or option the producers selects. The producer is responsible for all service fees of Paypal if accepting payment by Paypal.
Sampling
Bidbeatz.com has a secure system to prevent sampling. If any sort of sampling does occur, it is not the responsibility of Bidbeatz.com.
Fraud
Anyone found attempting to scam or fraud Bidbeatz.com, will be banned from Bidbeatz and the proper authorities will be notified. They will not be entitled to any money owed to them for violating our policies.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Bidbeatz be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, this site, and other elements herein. Bidbeatz is not liable for the defamatory, offensive or illegal conduct of any user or participant. The sole and exclusive remedy for a user or participant dissatisfied with this site or with any of its Terms or Conditions is to discontinue using the site. BY CONTINUING TO USE Bidbeatz.com, A USER OR PARTICIPANT AGREES TO ABIDE BY THESE TERMS AND CONDITIONS.
Links to Other Websites
This site may include links providing direct access to other Internet sites maintained by third parties. Bidbeatz has no control over the development of these sites, exerts no control, editorial or otherwise, over their contents, assumes no responsibility for material at these sites, nor recommends any information, products or services presented on these sites.
Links to Bidbeatz.com
Links to Bidbeatz.com are welcomed and encouraged. Any links, however, should be to the homepage (www.Bidbeatz.com) and not to any internal pages of the site.
Applicable Law
These Terms and Conditions and resolution of disputes that might arise thereof shall be governed by and construed in accordance with the laws of the United States and Canada, without regard to its conflict of laws rules. This site is controlled and operated by Bidbeatz from its offices within The United States.
Miscellaneous Provisions
Bidbeatz may at any time revise these Terms and Conditions by updating this page. Users of this site and participants in the games contained herein are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound.
If any provision of these Terms and Conditions shall be unlawful, void, of for any reason unenforceable then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments regarding the Terms and Conditions of use for Bidbeatz.com should be directed to:
support@Bidbeatz.comForum Rules
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Although the administrators and moderators of Bidbeatz.com will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of Bidbeatz.com will be held responsible for the content of any message.
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