Terms and Conditions

Terms and Conditions

A. Beatport General Terms and Conditions Visit Beatport General Terms and Conditions

B. Beatport Sounds Terms and Conditions Visit Beatport Sounds Terms and Conditions

C. Beatport Mixes Terms and Conditions Visit Beatport Mixes Terms and Conditions

D. Beatport API Terms and Conditions Visit Beatport API Terms and Conditions

E. Beatport Social Media Official Rules Visit Beatport Social Media Sweepstakes Official Rules

F. Beats in School Contest Official Rules Visit Beats In School Contest Official Rules

Last Updated: January 24, 2017

 

A. General Terms and Conditions

This is a legal agreement ("Agreement") between and among you and LiveStyle, Inc., Beatport, LLC, Beatport Europe B.V., and any other entity affiliated with LiveStyle, Inc., Beatport, LLC, and Beatport Europe B.V., (collectively, "Beatport") stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Beatport website, including any Beatport branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the "Website", as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Beatport reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).

1. Age Requirement.

In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws.  If there are parts of the Website where you need to register and provide certain information to Beatport:  You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click "AGREE" or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.

Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Website, including all financial charges and legal liability that he or she may incur.  

2. Content and Products.

All "Content", including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Beatport, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Beatport or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is "Products," which is certain Content made available by Beatport for streaming, purchase and/or download.  The Content is only for your personal, noncommercial use, except for those Products provided for by Beatport Sounds.

3. Objectionable Material.

When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Beatport shall have no liability to you for Content that may be found objectionable, indecent, or offensive.  Beatport reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.

4. Account Registration.

(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Beatport ("Registration Data") for the purposes of creating an account (your “Account”).  You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Beatport may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Beatport, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Beatport may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.

(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Beatport immediately of any unauthorized use of your password and/or Account. Beatport shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Beatport, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your
Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Beatport shall have the right to terminate your Account and pursue all available remedies at law.

5. Consent to our communication with you by E-Mail.

By establishing an Account, you grant permission for Beatport to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.).

6. System Requirements for Usage.

You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply. 

7. Charges and Billing.

You agree to pay for all for-fee Products that you purchase through the Website. Beatport may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Beatport to charge your credit card for the above at Beatport's convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING BEATPORT WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Beatport may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.

Beatport may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Beatport will not be liable to you or to any third party should it exercise such rights.

8. Limitation on Sales

Beatport sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Beatport reserves the right to refuse access to the Website or Beatport API or sale of Products, to any end user. Beatport may terminate any offers for free or special promotions or pricing on merchandise at any time.

9. Right to Change Prices and Content Availability.

Prices and availability of Content offered through the Website are subject to change at any time. Beatport does not provide price protection or refunds in the event of a price drop or promotional offering.

10. Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Beatport charts and other marketing data, Beatport reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Beatport’s sole discretion, falsely inflate sales data.

11. No Refunds.

 All sales are final and all charges from those sales are nonrefundable. Beatport will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Beatport.

12. No Responsibility for Typographical Errors.

Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Beatport reserves the right not to accept end user orders with prices based upon typographical errors.

13. Taxes.

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

14. Order Acceptance Policy.

Your receipt of an electronic or other form of confirmation does not (1) constitute Beatport's offer to sell or (2) convey Beatport's acceptance of your order. Beatport reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Beatport reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Beatport chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.

15. Charges and Billing.

Beatport currently accepts American Express, Visa, Master Card, JCB and PayPal. Beatport does not accept cash, money orders, or checks. Beatport reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Beatport, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Beatport will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Beatport's management's sole discretion.

16. Currency.

Beatport accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Beatport, LLC. All purchases made using currency other than US Dollars shall be processed by Beatport Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.

17. Limitations of Content Usage and Copyright.

Beatport may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Beatport ("Content Rules") and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content.  You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. BEATPORT RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.

A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback.  You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Stream.

A "Download" is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Beatport shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.

Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.

18. Prohibited Uses of Content.

You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any "derivative works" by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.

19. Stems File Format

The Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format.  For clarity, any digital download of a sound recording, including those in the Stems file format, other than those specifically purchased on the Beatport Sounds platform, are provided only for your personal, noncommercial use, or performance, unless you have cleared all necessary rights in the Content.

20. Loss of Rights by Beatport.

Beatport may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.

21. Electronic Signatures and Contracts.

Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.

22. Community and Brand Features / Public Areas.

The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded.  These features may include access to a user’s   charts and a user's collection of Content. BEATPORT HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Beatport is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.

23. Beatport Username Policy.

No two users or DJs can have the same Beatport Username or DJ name (collectively, “Beatport Username”) on the Beatport platform. Beatport Usernames are provided on a first-come basis.

Beatport will not typically intervene in Beatport Username disputes.  Disputes should be resolved between the parties. However, Beatport reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Beatport Username in situations where: 

(i) an account has been inactive for a period of time;
 
(ii) Beatport determines that a Beatport Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Beatport to be otherwise misleading;

(iii) Beatport suspects that a Beatport Username is being squatted;
 
(iv) the registered Beatport Username is that of a more established, well-known DJ, and Beatport’s decision not to reassign the Beatport Username will lead to consumer confusion; and

(v) Beatport has determined, in its own discretion, the situation is such that removing or reassigning the Beatport Username is most appropriate under the circumstances.

Any attempts to sell, buy, or solicit other forms of payment in exchange for a Beatport Username is strictly prohibited and may result in permanent account suspension.

24. User Generated Content.

Beatport may permit users to create customized landing pages and post or upload content, including mixes, tracks, playlist compilations (also referred to as charts), performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with Beatport users (“User Content”).  You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that (i) you own or otherwise control all applicable rights to the User Content, (ii) have the necessary rights to post, upload, transmit or display the User Content on Beatport, and (iii) that such User Content, or its use as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others; (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by Beatport or any unwilling, or unknowing, third-party, without that party’s express written consent, or (c) cause injury to any person or entity.  You agree to defend indemnify and hold harmless Beatport, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content.  You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility.  The rights granted herein shall inure for so long as the User Content is provided by you on the Beatport Website. Except from those rights specifically granted herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Beatport.  Beatport reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. Beatport reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. Beatport does not monitor, review, edit, or endorse User Content. If you believe that User Content violates your intellectual property, please review the “Report Copyright Infringement” page for instructions on how to file a copyright claim with Beatport.

25. Restrictions. You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.

26. Beatport's Rights.

By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Beatport may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Beatport's use of such Content exploits any proprietary rights you may have in such material, you agree that Beatport has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.

27. Privacy.

For additional information regarding Beatport's use of information collected in connection with the Website, please refer to Beatport's Privacy and Cookie Policy, which is incorporated into these Terms and Conditions for reference: https://support.beatport.com/hc/en-us/articles/200353215-Privacy-and-Cookie-Policy

28. Copyrights.

All copyrights in and to the Website (including the organization of content and charts,) and software, are owned by Beatport and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Beatport and/or is licensors.

29. Trademarks.

All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Beatport and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.

30. Violation of Intellectual Property Rights.

This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Contentother than for the purposes stated for herein are  prohibited.

If Beatport receives a notice alleging that you have engaged in behavior that infringes Beatport's or an other's intellectual property rights or reasonably suspects the same, Beatport may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.

If you believe that any information or material on the Website constitutes copyright infringement, instructions on how to file an infringement claim with Beatport can be found here:

https://support.beatport.com/hc/en-us/articles/200353245-Violation-of-Intellectual-Property-Rights

31. Enforcement of These Terms.

You agree that Beatport has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Beatport believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Beatport's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).

32. No Responsibility for Third-Party Materials or Web Sites.

The Website may include Products, Content, and services from third parties available via the Website. Beatport may include links to third party websites, which are provided solely as a convenience to you. Beatport assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Beatport is not responsible for evaluating or examining the content or accuracy of such.

33. Indemnity and Waiver.

By using the Website you agree to defend, indemnify and hold harmless Beatport and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Beatport and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.

34. Termination/Cancellation.

If you fail, or Beatport suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Beatport with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Beatport believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Beatport, at its sole discretion, without notice to you, may: (i) terminate  your Account, and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.  In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.

35. Governing Law.

The laws of the State of Colorado, of the United States of America, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Beatport or relating in any way to your use of the Website resides in the courts of the State of Colorado, U.S.A.

36. Export Controls.  

The Content offered by Beatport may be subject to U.S. export and control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.

You warrant that you are (1) not located in Congo,  Cote d’Ivorie, Cuba, Iran, Libya, Myanmar, North Korea, Sudan, Somalia, or Syria, and (2) are not a denied party as specified in the regulations listed above.  You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Beatport under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.

37. Disclaimers and Limitations of Liability.

(a) You agree that from time to time Beatport may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.

(b) Beatport makes no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.

(c) Under no circumstance shall Beatport be liable for any unauthorized use of the Website or its Content.

(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Beatport shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.

(e) All Content on this Website is provided to you on an "as is" "as available" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Beatport makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk.  Beatport makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.

(f) Beatport specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Beatport has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.


B. Beatport Sounds Terms and Conditions

Please read these Beatport Sounds Terms and Conditions (“Sounds Terms”) carefully before purchasing any Products in the Beatport Sounds catalogue. By using Beatport Sounds or purchasing or downloading any Sounds Product, you are agreeing to be bound by these Sounds Terms.

If you do not wish to be bound by these Sounds Terms, do not use Beatport Sounds or download or purchase any Sounds Product. 

1. Sounds Terms and Conditions

These Sounds Terms are applicable for all purchases made on the Beatport Sounds section of the Website (“Beatport Sounds”). These Sounds Terms are not applicable to purchases made on any other portion of the Website.

All of the general terms and conditions set forth above are incorporated herein. If there is any conflict between those general terms and conditions and these Sounds Terms, these Sounds Terms shall apply (for Beatport Sounds purchases only)

2. Sounds Product License.

This is a non-exclusive, non-transferrable, terminable license agreement between you and Beatport. Upon your purchase or download of any Sounds Product and subject to your compliance with these Sounds Terms and the general terms and conditions, you are granted a royalty free, non-exclusive license in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively “Sounds Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the Sounds Product and should be saved by you as evidence of such.

You are not the Copyright Holder. Your use of the Sounds Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them isolated. Likewise, any Sounds Product which is a rhythm loop sample must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.

3.Territory.

 Worldwide.

4. Nontransferable.

This non-exclusive license is granted for a single user only, on a global basis, for the full copyright protection period (unless earlier terminated) and is not transferrable. Only the original purchaser of the Sounds Product has the right to embody and utilize the Sounds Product within their derivative work.
This license expressly forbids the copying, lending, duplicating, sublicensing, trading, resale, rental, loan, gift or transfer of any part of the Sounds Product or a copy thereof, in any format or via any medium, to another person or company, except as  a derivative work created by you.

You may not electronically transfer the Sounds Product or place the Sounds Product in a file-sharing or service bureau operation or a computer/sampler network.The purchased Sounds Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product. Any unlicensed usage will be prosecuted to the maximum extent possible by law.

5.Termination.

Beatport may terminate your rights in a purchased Sounds Product upon written notice to you if it believes you have breached any of the Sounds Terms. Upon such termination you must return, destroy, remove, and cease all use of the identified purchased Sounds Product. No refunds shall be granted for such terminations.  

6. Indemnification.

You agree to defend, indemnify and hold Beatport harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your breach of these Beatport Sounds Terms and Conditions and/or misuse, deliberate or otherwise, of the Sounds Product, and/or violation of the rights purchased pursuant to this Agreement.

7. Agreement.

These Sounds Terms express the entire understanding between you and Beatport in relation to the Sounds Product and shall supersede all other oral or written communications relating to the Sounds Product or its use.

 

C. Beatport Mixes Terms and Conditions

The Beatport Mixes ("Mixes") program, on the Beatport platform, allows you to create your own unique "mixtape" compilations using recordings purchased from the Beatport Website (the “Beatport Recordings”), and any recordings that 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. The Mixes program is open only to registered Beatport users that have purchased content on Beatport.

1. Eligibility and Terms. 

These Beatport Mixes Terms & Conditions (" Mixes Terms") supplement Beatport's Terms and Conditions and Privacy Policy, which continue to apply and are incorporated by reference into these Mixes Terms.

2. Mixes Requirements.

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

A. Consist solely of purchased 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, but more than one recording;

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 Mix. We will make available for that purpose a list of all Beatport Recordings that we have a record of you having purchased from us; and,

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 Mix may not contain any offensive, vulgar, or unapproved commercial language in the audio, name of the Mix, or in the corresponding artwork, where the primary intent is to sell, promote, or generally offend, in Beatport’s sole discretion.

4. Availability and Pricing.

Beatport will have the right, but not the obligation, to review your Mix if alerted to a potential issue or concern.. We may refuse to post your Mix, for any reason or no reason at all, in our sole discretion. However, this will not limit your representations and warrants or your indemnification obligations. Retail price for a Mix will be set by Beatport 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 Mix 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 a non-exclusive, irrevocable, perpetual, sub-licensable and assignable right and license to any and all rights you have to your Mix, under copyright or otherwise, to store, save, copy, promote, market, advertise, offer, stream, distribute, publicly perform, sell and otherwise use and exploit your Mix (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 Mixes Terms and have the full legal right, power and capacity to grant Beatport the rights granted herein and to agree to these Terms; and

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 Mixes Terms.

6. Royalties for Sale of Mixes

For each copy of one of your Mixes sold by Beatport, we will pay to you a royalty of 10% of 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 Mixes 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 user (a) attempting to defraud or in any way tamper with the Mixes program, (b) that has not provided adequate or correct PayPal account information for Beatport to send payments to, (c) who does not fully comply with these Mixes Terms, and/or (d) in relation to any indemnifiable claim hereunder.

7. Accounting.

Payments for Mixes will only be made to a valid PayPal account. In order to be paid, you must provide a valid PayPal account in your account settings. Payments will be made quarterly within thirty (30) days after the end of each quarter. You forfeit any royalties owed to you one year after the quarter such royalties are due to be paid, if a valid PayPal account has not been provided.

Beatport is not responsible for any errors or omissions in the provided PayPal account details. If you are a party to a separate sales or supplier agreement with Beatport, Beatport may instead pay and account to you under that agreement.

8. Miscellaneous.

The Mixes program may be amended, suspended or discontinued at any time in Beatport's sole discretion. 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 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.

9. Removal of Mixes

Beatport reserves the right to remove your Mix for any reason or no reason at all.

D. API Terms and Conditions

1.Terms of Use.

If you are requesting access to the Beatport API on behalf of an organization, you are agreeing to these Beatport API Terms of Use for that organization and promising that you have the authority to bind that organization to these Terms of Use. As such, the terms "you" and "your" will refer to that organization.

If you are requesting access to the Beatport API on behalf of yourself, "you" and "your" shall refer to you as a contracting individual.

A. Services. 

The Beatport API is a service that allows pre-approved licensees to retrieve select content available at the Website for inclusion on your Beatport approved domain.

B. Your Use of the Beatport API

(i) Generally.
You must apply for access to utilize the Beatport API and to gain certain access levels. Beatport may deny requests or revoke access if we believe you are in violation of these API Terms of Use in letter or spirit (or Beatport takes issue with your use of the Beatport API for any reason or no reason at all).

(ii) Prohibited Actions.
You, as the user of the Beatport API, must not attempt to:

(a) encourage or facilitate the violation of any aspect of Beatport's Website Terms and Conditions ;

(b) use, display, mirror or frame (including in meta-tags or hidden text) the Website or any individual element of the Website without Beatport's express written consent;

(c) use the API in conjunction with a subscription service or the distribution of  any content, for free or for sale, whether or not you have the appropriate license and rights to distribute such materials, without express written permission by Beatport (except that your use of the API may provide a link to the Website where the user may purchase or download the associated content); or,

(d) mislead, misguide, or confuse users.

(iii) Use of Beatport Logos and Trademarks.

Beatport grants you a non-exclusive license to use the Beatport trade name, logo, and trademark solely to identify the source of the Beatport API content or as direct links to the Beatport Website. This right does not extend to any other brand element featured prominently on the Website or associated with the Beatport brand. All permitted use of the Beatport trade names, logos, trademarks, and other distinctive brand features must be presented as provided through the Beatport API or as defined in the Beatport Style Guide: https://support.beatport.com/hc/en-us/articles/200353255 .

(iv) Link to Purchase Pages.

The Beatport API may only be used with those platforms from which a functional link is made available that, when accessed, takes the user to the page on Beatport's Website where the user can access the associated content. 

2. Platform Usage. 

A. Beatport may sometimes review the API platform (including how our services are being accessed and used), but you acknowledge we have no obligation to do so. Beatport is not responsible for files, content, or any other information accessible through the API platform.

B. We may limit the number of calls accepted by the API if we believe the number of calls to the Beatport API may negatively impact the Beatport API or Website performance.

C. Our API platform is a work in progress. Please keep that in mind. It may continue to change over time as Beatport refines and adds more features with the needs of our audience and any feedback received.

3. End User Data.

If you collect any personally identifiable information through use of the Beatport API, you must ensure that it is collected, processed, transmitted, maintained and used in compliance with all applicable laws and a privacy policy that you post and make available to your users.

4. Other Platforms and Users.

Beatport has no obligation to provide support to your users. Unless you have written permission to do so from Beatport, you must not state or imply any endorsement by Beatport of your site or the content of your site. Providing links to the Beatport store to enable purchasing of products shall not be considered an endorsement.

5. Copyright and License

Beatport grants you a limited, non-sublicensable right to access the API and use the Beatport data for non-commercial and informational use. Any commercial use must be pre-approved in writing by Beatport and any options to purchase content provided by the API must link back to Beatport's website, unless otherwise permitted by Beatport.

6. Proprietary Rights and License.

A. Beatport Property.

As between you and Beatport, Beatport retains all rights, title and interest, including without limitation all intellectual property rights, in and to, (a) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating to; (b) the Content available through the API; (c) the Beatport brands; and (d) any feedback from users, developers, or others (including suggestions, comments, improvements, ideas, etc.) about the Beatport services, the content, the API, or any applications Beatport may be developing at the time of feedback or chooses to develop at a future date.

B. No Implied Rights.

These API Terms of Use do not grant you any rights in any of Beatport's services or software or the content accessed through them. If you elect to provide Beatport with any feedback, you hereby assign all right, title and interest in and to such feedback to Beatport, and acknowledge that Beatport will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.

C. Beatport Development.

You understand and acknowledge that Beatport may be independently creating applications, content, web-based tools and other products or services that may be similar to or competitive with your use of the API and its content, and nothing in these API Terms of Use will be construed as restricting or preventing Beatport from creating and fully exploiting such development. You further agree that Beatport and its designees will be free to copy, modify, create derivative works, publicly display, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.

7. Term and Termination.

Beatport may suspend your access to the Beatport API or immediately terminate your right to utilize the Beatport API: (1) if you breach any provision of these API Terms of Use; (2) if Beatport is required to do so by law; (3) if Beatport ceases to offer the API service; (4) you are flagrantly violating the intended purpose of the Beatport API; (5) Beatport views your use of the API as competitive to its own platform or its best interests; or (6) for any other reason.

8. Restrictions.

Your use of the Beatport API is subject to the following restrictions:

A. All calls to the Beatport API must reference the API Key issued to you as an approved licensee. You will not share the API Key and any other authentication details with any third party.

B. You will provide the Beatport content to your users on "As Is" terms.

C. You may not use the Beatport content in a product, service, or for commercial use without Beatport's express permission.

D. You further agree not to otherwise reproduce, modify, distribute, or reverse engineer any portion of the Beatport API or any content or data provided through the Beatport API.

E. You agree not to use the Beatport API, Content, Products, or the Beatport trade names, logos, and trademarks in any way that harms Beatport, its service providers, its suppliers, its artists, its labels, Beatport or your end users, or any other person.

F. You may not use the Beatport API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights.

9. Representations and Warranties.

You represent and warrant that: (1) all information you have provided and will provide to Beatport is true, accurate, and complete; (2) you have not previously had access to the Beatport API terminated by Beatport; (3) you have the full right, power and authority to enter into these API Terms of Use; and (4) your intended uses of the Beatport API will not violate the intellectual property rights, copyrights, or other rights of others or violate any laws.

10. Disclaimer.

The Beatport API is provided "As Is", use at your own risk, without express or implied warranty or condition of any kind. Beatport also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement.

11. Indemnity.

You will indemnify, defend and hold Beatport, our affiliates, agents, and licensors harmless from any third party claim (including reasonable attorneys fees) relating to: (1) any allegation that your use of the Beatport API infringes the intellectual property rights of any third party; (2) your breach of these API Terms of Use or any act or omission by you in connection with your use of the Beatport API; and/or (3) your collection or use of user's information and data. You may not settle claims that limit Beatport's rights without our prior written consent, which shall not be unreasonably withheld.

12. Limitation of Liability.

In no event will Beatport, its affiliates, agents or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Beatport has been warned of the possibility of such damages. Beatport assumes no liability for any of your activities in connection with the Beatport API or for your use of the Beatport API in connection with your website.

13. Modification.

We may revise these API Terms of Use from time to time and the most current version will always be posted on our Website. If you do not agree to the new terms, please stop using the Beatport API and cease all use of the Beatport API.

14. General.

These terms and the use of the Beatport API shall be governed by the laws of the state of Colorado except for its conflicts of laws principles. All claims arising out of or relating to these terms or the services provided must be litigated exclusively in the federal or state courts of Denver, Colorado, and both parties consent to venue and personal jurisdiction there. These terms constitute the entire and exclusive agreement between you and Beatport, LLC with respect to the Beatport API and supersede and replace any other terms of use applicable to the Beatport API, unless you and Beatport have contracted directly for more favorable terms and such agreement states that its terms shall supersede those provided here.

These API Terms of Use create no third party beneficiary rights. Beatport's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these API Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights in these API Terms of Use and any such attempt is void. Beatport may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Beatport and you are not legal partners or agents.

 
E. BEATPORT SOCIAL MEDIA SWEEPSTAKES - OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, TWITTER OR ANY THIRD PARTY SOCIAL MEDIA PLATFORM.  VOID WHERE PROHIBITED BY LAW.  

BY ENTERING ANY BEATPORT SOCIAL MEDIA SWEEPSTAKES, PARTICIPANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES.  ANY VIOLATION OF THESE OFFICIALS RULES MAY, AT BEATPORT’S, OR IDENTIFIED SPONSOR’S, DISCRETION, RESULT IN DISQUALIFICATION.

Beatport may run, from time to time, Beatport Social Media Sweepstakes (individually and collectively, “Sweepstakes”), sponsored by Beatport, LLC and Beatport Europe B.V. (collectively “Beatport”). Such Sweepstakes shall take place on Beatport’s various social media platforms. These Official Rules shall apply to each Sweepstakes unless the Sweepstakes states otherwise and alternate terms and conditions are provided.

The “Sweepstakes Period” for each Sweepstakes shall be stated on the post/tweet for the specific Sweepstakes. All submissions must be provided by 12:01am Mountain Standard Time (USA) by the date posted.  Beatport may, at its discretion, extend the Sweepstakes Period for each Sweepstakes by changing the entry date on the selected post.

The Winner for each Sweepstakes will be identified in the comments section of the Sweepstakes post. Beatport may also reach out to the Winner via messaging on the social media platform.  By entering, you give Beatport permission to message you if you are the Winner.

1. What Can I Win?

There will be one (1) prize (“Prize”) for each Sweepstakes. Winning a Prize does not disqualify you from participating in or winning future Sweepstakes. Prize for each Sweepstakes will be identified with the Sweepstakes post/tweet.

Prize is non-transferable and no substitution, exchange or cash equivalent will be allowed except by Beatport. Beatport reserves the right to substitute prizes of equal or greater value and approximately similar features for any Prize due to unavailability or difficulty in shipping.

The odds of winning depend on the number of eligible entries received.

2. Who Can Enter?

This is a worldwide promotion. You are eligible if you are 18 years of age or older as of February 26, 2016 or are between the ages of 13 and 18 years of age and have your parent’s permission, and reside in a country where Beatport content can be purchased.  Entrants must also be legal, non-fraudulent, registered members of beatport.com and the social media platform where the Sweepstakes is conducted.

You are ineligible to enter and will be disqualified if:

• You are an employee or director of, or a member of the immediate family (parent, children, sibling, spouse, regardless of where they live) of, or live in the same household (whether related or not) with, such employees and directors (collectively, an “Employee”) of Beatport or LiveStyle, Inc, or if you are an employee of their respective parent and subsidiary companies, or of an advertising, promotion, judging, production or publicity agency doing business with any of the above, or of any of their respective parents, subsidiaries, and affiliated companies, or of anyone connected with the production and distribution of the Sweepstakes.

• You have attempted to enter the Sweepstakes via multiple accounts or multiple entries from the same account.

• You have not complied with these Official Rules or the final decisions of Beatport, in Beatport’s sole discretion.

3. How Do I Enter?

• Become a registered member of beatport.com and the social media platform the Sweepstakes is posted on, if you are not already, and follow or friend the Beatport profile page. Registrations are free.

• And, either:

a.) Follow the instructions for entry associated with the Sweepstakes post/tweet; or,

b.) Enter by mail-in entry to: Beatport, LLC, Schlesische Str. 29/30, 10997 Berlin, Germany Attention:  Beatport Social Media Sweepstakes Entry. Entry must be received by Beatport on or before the posted Sweepstakes Period associated with the Sweepstakes, and must include the participant’s registered Beatport username.

Multiple entries or submissions are prohibited.

Beatport may disqualify any entrant violating these Official Rules, in letter or in spirit.  Beatport may prohibit any individual from participating in the Sweepstakes or winning a prize if, in Beatport’s sole discretion, it determines that said individual: is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, fraud, theft, or other unfair practices; violates the Official Rules; or acts in any disruptive manner during the Sweepstakes.

Your contact information may be shared with Beatport’s representatives for the sole purpose of prize fulfillment.  By submitting your entry, you accept the terms of the Official Rules and agree to be bound by the decisions of Beatport, which will be final.

4. How Will Winners Be Chosen?

Winner shall be selected by random number generator.  Winner will be notified in the comments section of the Sweepstakes. Beatport reserves the right to select an alternate winner for an individual that is unreachable or unresponsive seventy-two (72) hours after notification.

Beatport reserves the right to verify the validity of any entry, including entrant’s identity, age, address, email address, Beatport account, and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry, in Beatport’s sole judgment.  Inappropriate language, in Beatport’s sole discretion, may also be cause for disqualification.

5. Winner Obligations.

Selected winner agrees to return any prize received if a representation made proves to be untrue, and shall defend, indemnify and hold harmless Beatport against any and all claims, damages and expenses, including attorneys’ fees incurred as a result of any such misrepresentation.  If you are selected as a winner, you hereby consent to the use of your name and likeness by Beatport for the purposes of publicity and release to the media, without any further consent or compensation, unless prohibited by law.

6. Release and Indemnity.

By participating in the Sweepstakes, each participant and winner waives any and all claims of liability against Beatport, its employees and agents, for lost, late, damaged, undelivered, unseen, or miscounted entries, whether due to technical or human error, any personal injury or loss which may occur from the conduct of, or participation in, the Sweepstakes, or from the award, receipt and/or use or misuse of any Prize.  In order to receive a Prize, winner may be required to sign an official waiver form provided by the Beatport.

7. Modifications.

Beatport may revise these Official Rules (and/or cancel, modify or suspend a Sweepstakes, including altering the Prize) if, in its sole discretion, the Sweepstakes cannot reasonably be conducted as specified at any time.  Such changes will be posted online and you agree to be legally bound by the Official Rules as updated, modified and/or amended.

8. Other Things You Should Know.

You agree that:  (i) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for the State of Colorado, or the appropriate Colorado State Court located in Denver, Colorado; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but you may not recover any attorneys’ fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, you waive any right to a jury trial in any forum in respect to any issue, claim or cause of action arising out of or based on the subject matter hereof.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Beatport in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules.  The Sweepstakes is void where prohibited, restricted or regulated by law. Failure by Beatport to enforce any of its rights or these Official Rules at any stage does not constitute a waiver of those rights.  You hereby represent and warrant that you have read these Official Rules and are fully familiar with the contents.

9. For a paper copy of winners and Prizes, please send a self-addressed, stamped envelope to Beatport, LLC, Schlesische Str. 29/30, 10997 Berlin, Germany Attention: Beatport Social Media Sweepstakes.

 

F. BEATS IN SCHOOL CONTEST - OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.  PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

1. INTRODUCTION

These are the official rules (the “Rules”) for the “Beats in School” Contest (the “Contest”).  The Mixcloud website terms and conditions (https://www.mixcloud.com/terms/) and Beatport’s posted privacy policy (https://support.beatport.com/hc/en-us/articles/200353215-Privacy-and-Cookie-Policy) are incorporated herein.

Beatport may conduct several contests under the Beats in School name – these Rules are specific to the Contest these Rules are posted with or linked to.

2.  SPONSOR

Beatport, LLC (“Beatport”) and Circus Recordings (“Label”) (individually and collectively, the “Sponsor”) are in search of the next great electronic dance music artist.  By taking part in the Contest (thus, being a “Participant”), you agree to be bound by these Rules.  The Sponsor reserves the right to disqualify any Participant and/or Winner who does not comply with the Rules.  Internet access is required.  Participants must have an account on Mixcloud.com (“Mixcloud Website”), which is free.  No purchase necessary in order to participate.  Decisions of the judges are final in all matters relating to the Contest. 

2.  CONTEST PERIOD:

The Contest consists of certain phases as set forth below:

Submissions for the Contest (each, an “Entry”, collectively, the “Entries”) will be accepted from 19 June 2017, 5:00am, Central European Time zone (“CET”) to 23rd July 2017 11:59pm CET (“Entry Period”).

Between the dates of 23rd July 2017 and 04 August 2017, selected Finalists will be required to submit a video and any other information or production as may be required by the Sponsor. Deadlines for Finalist submissions will be communicated at time of selection directly to selected Finalists.

A Winner will be announced on 04 August 2017 on the Contest web page and Beatport social media platforms.

NOTE: ALL DATES ARE SUBJECT TO CHANGE AT SPONSOR’S SOLE DISCRETION. PLEASE REFER TO THE CONTEST WEBSITE FOR ACTUAL DATES.  IF ANY DATES ON THE CONTEST WEBSITE ARE DIFFERENT THAN THOSE POSTED HERE, THE CONTEST WEBSITE WILL BE THE TRUE AND ACTUAL DATE.

3. ELIGIBILITY:

The Contest is open only to those Participants that are at least eighteen (18) years old and have DJ experience. You may enter as a solo, duo, or group act. The Prize will not be increased if the Winner has multiple Participants. The Contest is subject to all applicable laws and regulations and is not valid in Brunei, Afghanistan, Cuba, Democratic Republic of Congo, Eritrea, Fiji, Gambia, Indonesia, Iran, Iraq, Kyrgyzstan, Libya, Micronesia, North Korea, Pakistan, Palau, Somalia, Sri Lanka, Sudan, and Syria, and anywhere else such Contests may be void by law. 

In addition, the Contest is not open to: (a) Beatport, Label, Mixcloud,  any other participating sponsor, any advertising, promotion, production or publicity agency doing business with any of the above, or any of their respective parents, subsidiaries, and affiliated companies, or any member of the immediate family or individual living in the same household of such employees (whether related or not) or of anyone connected with the administration of the Contest; (b) any Participant currently engaged in a contractual agreement (verbal or written) which would prohibit him or her from participation or restrict Sponsor’s rights to exploit the Winner’s name for publicity or for use in any video content produced during the Prize Period, including, but not limited to, any tracks produced during the Prize Period.

Sponsor may prohibit any Participant from participating in or winning the Contest if, in Sponsor's sole discretion, Sponsor determines the Participant is attempting to undermine the legitimate operation of the contest by (i) cheating, deceiving, or utilizing other unfair practices; (ii) violating the Rules; (iii) refusing to accept the Prize or complete the Prize obligations; or (iv) acting in any disruptive manner during, or after, the Contest. By submitting an entry, the Participant accepts the terms of these Rules and agrees to be bound by the decisions of the judges, which will be final.

4. HOW TO ENTER:

If you do not have an existing Mixcloud account, you must create a free account on the Mixcloud Website. Please fill in all the information requested on the Contest online entry form completely. All Entries must be received by the deadline specified on the Contest web page. Each Entry should be submitted only once. Use of automatic devices to submit the same material more than once is not permitted. Beatport is not responsible for any changes or effects caused to the Participant's computer system as a result of a submission of an Entry. Only electronic Entries submitted via the Contest web page will be accepted. Entries submitted via any other method, including, but not limited to, US Postal Service, fax, or express delivery service will NOT be accepted.

A "Participant" is any individual who has provided and satisfies all of the following criteria:

  • Uploaded an original mix (the “Mix”) with at least one original track produced and created by Participant contained in the Mix (the “Track”);
  • Mix is no longer than sixty (60) minutes in length;
  • Posted Mix title must contain a timestamp identifying where in the Mix the Track begins and ends.
  • Mix is timely submitted during the Entry Period before the deadline.   
  • Participant is able to fulfill all of the posted Winner obligations.

By uploading a Mix, Participant warrants and affirms that Participant is the sole creator of the Mix and the Track.

5. FINALISTS ROUND

Label will judge Entries submitted during the Entry Period and select up to twenty (20) Participants to advance further in the Contest (“Finalist(s)”).  The selection of Finalists will not be publicized. The number of Finalists selected will be at Sponsor’s sole discretion based on the Entries received. The Finalists will be required to make a video of themselves discussing the hardware used or other aspects of their production process (the “Video Submission”). More direction on the Video Submission will be communicated directly to the selected Finalists.

Video Submissions will be judged on Participant’s appearance and comfort level on camera, ability to communicate and entertain, and general “star appeal”. Winner

Sponsor reserves the right, but not the obligation, to publicly display and distribute Finalists’ videos.

6. HOW WILL ENTRIES BE JUDGED

One Winner will be selected. Judge(s) shall be provided by the Label unless stated otherwise in the Rules. Factors that the judges may consider include, but are not limited to: style and fit with the sponsoring Label, track selection, originality, demonstration of technical abilities, audience engagement via plays/likes/comments, use of social media to promote the Mix, and overall positive reflection of Sponsor.

The Winner will be selected based on overall performance in the Contest (Mix, Track, Video Submission, social engagements) and the criteria listed above.

7. PRIZES:

There will be one (1) prize (“Prize”)* awarded to the Winner of the Contest (“Winner”) (unless multiple winners are selected, at Sponsor’s discretion).  The Prize will consist of:

  • One year Label scholarship**
  • One pair of Urbanears Zinken Headphones
  • One copy of iZotope Music Production Bundle 2 (software download)
  • One Adam Audio A5X Monitors (pair)
  • One Lifetime Roland Cloud Subscription (software download)
  • One Allen & Hearth Xone: K2 midicontroller
  • One Native Instruments KOMPLETE 11
  • One Landr Two Year Unlimited Mastering Subscription
  • Hardware Provided for Homework Assignments in Coordination with Label Scholarship (TBD and dependent on Winner’s participation during the Prize Period)

All prizes are subject to availability.

All incidental expenses not expressly set forth in the Prize will be Winner’s responsibility.  No substitution, cash redemption or transfer of the Prize by the Winner is permitted, but Sponsor reserves the right to substitute a prize of equal or greater value for all listed Prize items.

Odds of winning depend on the number of eligible Entries received. Any taxes owed as a result of winning are the sole responsibility of the Winner.

*Prize is contingent on winner’s continued participation in all aspects of the Prize throughout Prize Period. “Prize Period”, as it is used throughout these Rules, is defined as a one year period starting on the date of winner’s public announcement and expiring one year later. Winner may be required to: participate in videos, be available for publicity interviews, complete “homework assignments” as instructed by Label or Beatport, and produce original tracks and/or mixes during the Prize Period in order for Label to effectively provide training and instruction under the Label scholarship. Sponsor may choose to terminate the Prize and winner’s selection, at any time during the Prize Period, if Sponsor determines, in its sole discretion, that Winner is not participating or fulfilling obligations to Sponsor’s expectations. In such case, it shall be Sponsor’s sole discretion as to whether an alternate Winner is selected or not.

Winner is expected to create videos throughout the year that Sponsor may feature on various platforms, including corporate websites, social media platforms, online features, and other brand affiliated promotional forums. By accepting the Prize, Winner agrees to participate in such videos and grants all rights to Sponsor for purposes intended herein.

**Label scholarship is intended to provide Winner with one year of access to Label’s talent and representatives for coaching sessions via Skype. Coaching sessions are contingent on Label’s availability and may be cancelled if Winner and Label are unable to find a mutually available time.   

8. Notification of FINALISTS and Winner:

Finalists and the Winner will be contacted at the email address provided with the Entry. Any Finalist that fails to respond within 48 hours of notification may forfeit their right to proceed to the Finalist round.  Sponsor reserves the right to select a substitute Finalist or to proceed with the remaining Finalists if a Finalist is removed due to non-responsiveness.

The Winner will be announced on 4th August 2017. If Sponsor deems the Winner unreachable after 72 hours, Sponsor reserves the right to select an alternate winner in its sole discretion.

9.  Release:

By participating in the Contest, Participants agree to be bound by the Rules and the decisions of the judges.  By participating in the Contest, Participants hereby waive and release, and agree to hold harmless Sponsor, along with Sponsor’s parent, subsidiaries, affiliates, distributors, licensors, advertising and promotion agencies and all of its respective officers, directors, employees and representatives and agents (the “Released Parties”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, and/or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the Prize, or their participation in this Contest, or any Contest or Prize-related activity.  Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in the Contest or use or redemption of the Prize. 

10. Ownership and Publicity:

By entering the Contest, Participant grants Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees, a royalty-free, unconditional, irrevocable, and perpetual right, license and consent, without any compensation, consideration or further notification, to use and refer to the participant, his or her name, likeness, image, distinctive characteristics, city, state, any statements made and prize information, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes in any media throughout the world, unless prohibited by law.  Sponsor also has the right to arrange for the news media and journalists to attend and, if applicable, record, any public appearances and statements of the Prize winner. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.

Label is granted a first right of refusal in all tracks produced during the Prize Period and the Track. Participant will be paid a standard royalty rate for any fees earned from distribution or licensing of the selected tracks. 

11.  Limitation of Liability:

Sponsor and its respective agencies are not responsible for lost, late, damaged, delayed, incomplete, illegible, or misdirected entries, or for electronic, network or computer failures or malfunctions, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Contest, or other hardware, software or technical errors of any kind including any injury or damage to any person’s computer related to or resulting from participating in the Contest. Sponsor reserves the right to cancel or modify the Contest (or any portion thereof) if fraud, misconduct or technical failures destroy the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest, as determined by Sponsor, in its sole discretion. Participant may be requested to provide Sponsor with proof that the Participant is the authorized producer of the submitted Mix and Track. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Rules. 

12. Disputes: 

Each Participant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or the Prize, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in the State of New York, (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of participant and the Sponsor in connection with this Contest shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of New York.

By entering the Contest, Participants acknowledge that they are familiar with the provisions of California Civil Code Section 1452, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Accordingly, by entering the Contest, Participants (on their behalf and on behalf of their heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of the participant) hereby waive and relinquish any right or benefit which participant or such persons has, have or may have against Sponsor and their respective agencies under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Rules and Sponsor’s Privacy Policy.

13.  Sponsor:

Beatport, LLC, Pfuelstraße 5, 10997 Berlin, Germany

 

 

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