Beatport Mixes Terms and Conditions

The BEATPORT MIXES (“MIXES") program allows you to create your own unique “mixtape" compilations using recordings purchased from any Beatport online stores, including Beatport SoundsSM (the “Beatport Recordings"�), and any recordings that, together with the underlying compositions, are owned and controlled solely by you (“Your Content"), to upload those MIXES for Beatport to sell, and to earn a royalty for each of your MIXES sold by Beatport.

1. Eligibility and Terms.

The MIXES program is open only to individual registered Beatport users. These Terms & Conditions (“Terms") supplement Beatport's Terms and Conditions and Privacy Policy, which continue to apply and are incorporated by reference into these Terms. If you are not already a registered user and wish to participate in the MIXES program, please click to register.

2. MIXES Requirements.

You may submit as many MIXES as you like, but each must:

A. consist solely of Beatport Recordings and/or Your Content. Beatport Recordings and Your Content are sometimes referred to below collectively as "Content".

B. be one continuous file up to one (1) gigabyte in size and containing no more than twenty-five (25) total recordings.

C. be uploaded to the Beatport server per our instructions as an MP3, WAV or AIFF audio file format. Files must not include any viruses, corrupted files or other harmful software elements, and will not be returned.

D. be accompanied by a full and complete playlist of all track names and any other Content embodied in the MIXES. We will make available for that purpose a list of all Beatport Recordings that we have a record of you having purchased from us.

E. be accompanied by your desired cover artwork, which also must be 100% original and owned by you (i.e., must be your own creation or used with the authorization of the copyright owner) and will also be considered “Your Content"� for purposes of these Terms.


3. Restrictions.

Your MIXES must not contain any Content other than Beatport Recordings and Your Content, and must comply with all of the representations and warranties below.

4. Availability and Pricing.

Beatport will have the right, but not the obligation, to review your MIXES before making them available for sale. We may refuse to offer and sell your MIXES (or any particular Content) for any reason or no reason, and may also stop selling it at any time in the future, temporarily or permanently, in our sole discretion. However, this will not limit your representations and warrants or your indemnification obligations. Beatport will set the price of your MIXES in our sole discretion, and we may change the price or our pricing policy from time to time, territory by territory.

5. Representations and Warranties.

By uploading and submitting one or more MIXES to Beatport, you represent and warrant to us that:

A. your MIXES and all associated Content comply with these Terms. Your Content shall not contain any unauthorized samples or any other material that infringes upon the rights of any third parties or violates any applicable law or any codes of conduct that we may adopt and post from time to time.

B. you grant and assign to Beatport an exclusive, irrevocable, perpetual, sub-licensable and assignable right and license to any and all rights you have to your MIXES, under copyright or otherwise, to store, save, copy, promote, market, advertise, offer, stream, distribute, publicly perform, sell and otherwise use and exploit your MIXES (including, without limitation, the compositions embodied in Your Content) , as well as your personal and user names, in any and all media and formats and channels now or hereafter known throughout the universe and to do all things incidental, necessary or desirable in connection with the foregoing. For the avoidance of doubt, you retain the right to sell and otherwise exploit Your Content independently of the compilation embodied in your MIXES.

C. all registration details, Content information, and all other information and materials that you provide to us are true, complete and correct in all material respects. You must maintain the accuracy of such information to ensure that it is always current.

D. you have read these Terms and have the full legal right, power and capacity to grant Beatport the rights granted herein and to agree to these Terms.

E. Beatport and its affiliates, licensors and licensees will have no liability for, and you release and agree to defend, indemnify and hold Beatport and its affiliates, licensors and licensees harmless from and against, any and all claims, damages, expenses, costs, losses and/or liabilities resulting from or associated with your MIXES, Your Content, your participation in the MIXES program, and/or your breach of these Terms.


6. Royalties.

For each copy of one of your MIXES sold by Beatport, we will pay to you a royalty of 10% the amount actually received by Beatport. For any sales made in Euro (EUR) or British Pounds Sterling (GBP), the royalty will be calculated based on the conversion to United States Dollar (USD) using the rate as published on xe.com. Notwithstanding the foregoing, if you are party to a separate sales or supplier agreement with Beatport, then we will instead pay and account to you under that agreement rather than in accordance with these Terms, unless we agree otherwise. Your royalty is your sole compensation and includes all payments due to you in connection with the Content, including any mechanical royalties, public performance monies, or other music publishing monies to which you may be entitled as a writer or composer. In addition to its other rights and remedies, Beatport may withhold payment from any person attempting to defraud or in any way tamper with the MIXES program, who does not fully comply with these Terms, and/or in amounts reasonably related to any indemnifiable claim hereunder.

7. Accounting.

After an initial 60-day period following public launch of the MIXES program, statements of activity will be made available on your Beatport account within thirty (30) days after the end of each calendar month. Payments for each month's activity will be made within thirty (30) days after the end of such calendar month. Payment will be made to the valid PayPal account you provided in your Beatport registration account details. As noted above, if you are party to a separate sales or supplier agreement with Beatport, then we will instead pay and account to you under that agreement, unless we agree otherwise.

8. Miscellaneous.

The MIXES program may be amended, suspended or discontinued at any time in Beatport's sole discretion. We will notify you at the e-mail address you provided upon registration of any changes to the MIXES program or to these Terms; if you do not notify us by return e-mail within ten (10) days thereafter that you wish to withdraw your MIXES from the program, then you will be deemed to have agreed to the amended Terms. You may not assign, delegate or otherwise transfer any or all of your rights or responsibilities hereunder, including but not limited to your right to receive royalties. Some restrictions may apply, based on your territory of sale. Void where prohibited. Beatport may sublicense, assign, delegate or otherwise transfer or encumber any or all of its rights and/or responsibilities hereunder. Beatport is not responsible for lost, damaged, misdirected, corrupted or misappropriated files, nor for Internet delay or failure, outages or overload of the Beatport or other websites, faulty file uploads, or other occurrences beyond its reasonable control.

Beatport, LLC© 2012 All Rights Reserved

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