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 and User Generated Content Streams Terms and Conditions Visit Beatport Mixes and User Generated Content Streams Terms and Conditions

D. Beatport Contest and Play Rules Visit Contest Rules

E. Beatport API Terms and Conditions Visit Beatport API Terms and Conditions

F. Beatport News Terms and Conditions Visit Beatport News Terms and Conditions

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

H. Beatport’s 12 Days of Xmas Social Media Sweepstakes Visit Beatport’s 12 Days of Xmas Social Media Sweepstakes

 

 Last Updated: July 17, 2015

 

 

A. General Terms and Conditions

This is a legal agreement ("Agreement") between and among you and LiveStyle, Inc, Beatport, LLC, Beatport Europe, Sounds to Sample and any other entity affiliated with LiveStyle, Inc., Beatport, LLC, Beatport Europe, and Sounds to Sample (collectively, "Beatport") stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Beatport websites, including the streaming service, music store, sounds store, DJ profiles, remix contests, label profiles, news service, concert listings, or other services located at websites owned by Beatport or Beatport branded (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, IOS and/or Android application). 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 this Website or services being offered on 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 and news, 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 or Sounds to Sample.

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.

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, 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 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 you 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, including Sounds To Sample, 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 and Subscriptions that you purchase through the Website. Beatport may charge your credit card for any Products and Subscriptions 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 mentioned 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, unless as may be required to process pre-order purchases at your request. 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 or content thereof) 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 sale of Products or offering of streaming music for any reason, 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, Solo credit cards, 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. 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 described in this Agreement or on the Webpage where you acquire access to such Content.  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 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 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 "Preview" is a promotional portion of a sound recording which is made available to you by Streaming while you are logged onto the Website. Previews may also consist of a promotional music video. Previews are offered at no cost to you, via Streaming, and you may play as many Previews as you like. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Preview.

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 Previews, Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use. Any 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, Streams and/or Previews. 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, STREAMS OR PREVIEWS 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.

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 most recently played list and access to a user's collection of Content. Further, Beatport may feature message boards, comment areas, and/or chat rooms that allow for communication and posting of public profiles between users of the Website. The public areas are offered on a read only basis until a user signs up for the ability to post messages in the various forums. BEATPORT HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, 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, 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 via Streaming or otherwise (“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 by herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Beatport.  You acknowledge that no payments shall be made to you for the User Content, except as provided for in Section C of this Agreement or as may be provided under a separate Agreement between you and 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 “Copyright Information” 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, but not limited to, Beatport Pro and the streaming service, (including the compilation of content, postings, DJ profile pages, links to other Internet resources, and descriptions of those resources), 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 copyright. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the works other than for the purpose of individual and private reproduction and use is 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. We take alleged copyright infringement seriously. 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

30. Enforcement of These Terms.

Beatport reserves the right to enlist and take measures that Beatport believes are reasonably necessary to enforce, or appropriate to enforce, 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). 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 any such third-party material or websites.

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, 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 and squatting usernames or profile accounts, as well as using explicit language or indecent photographs/videos in any profiles, 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 this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.

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 Cuba, Iran, North Korea, Sudan, 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, 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 and on Sounds to Sample, located under the domain soundstosample.com (collectively “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.


All Sounds Products remain the property of Beatport or its Licensor (the “Copyright Holder”) and are licensed to you only for use in the creation of a live or recorded performance that includes the licensed samples as part of a derivative musical or visual work created by you, the licensed end user.

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 in accordance with a permitted use contained herein in 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 and User Generated Content Terms and Conditions

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

The Website also allows users to upload User Generated Content (“UGC Stream(s)”) to the Beatport streaming platform, enabling other users to stream the UGC Streams on the Website and other Beatport branded channels. Users will earn royalties for each play of your Mix (so long as Beatport does not suspect falsely inflated plays). UGC Streams will not be available for sale or download.

1. Eligibility and Terms.

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

2. Mixes and UGC Stream 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 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; 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.

You may submit as many UGC Streams as you like, but each UGC Stream upload must:

a. Consist solely of your original Content, Content that you have the appropriate rights to incorporate into your UGC Stream, or certain Content on Beatport’s platform that is available for incorporation into UGC Streams*;

b. Be one continuous file up to one (1) gigabyte in size;

c. Be original to you; and

d. Be uploaded to the Beatport server per our instructions as an MP3, WAV or AIFF audio file format. Beatport, may, at its discretion, permit other file formats to be uploaded. Files must not include any viruses, corrupted files or other harmful software elements, and will not be returned.

e. UGC Streams may be accompanied by cover artwork, which 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.

*A majority of the Content available on Beatport’s platform has been licensed for UGC Streams on, and only on, the Beatport websites and Beatport branded channels. Beatport cannot advise as to which Beatport Content can and cannot be incorporated into your UGC Stream and must remove any UGC Stream that is unlicensed to Beatport for such purposes and violates the copyright of a third party.

3. Restrictions. Your Mix and UGC Stream may not contain any offensive, vulgar, or unapproved commercial language in the audio, name of the Mix or UGC Stream, 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 and UGC Stream before making them available on the Website. We may refuse to post your Mix or UGC Stream (or any particular Content) for any reason or no reason, and may also stop selling or streaming 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. 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 or UGC Streams to Beatport, you represent and warrant to us that:


  1. A. Your Mix or UGC Stream 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 Mix and a non-exclusive, irrevocable, perpetual, sub-licensable and assignable right and license to any and all rights you have to your UGC Stream, under copyright or otherwise, to store, save, copy, promote, market, advertise, offer, stream, distribute, publicly perform, sell and otherwise use and exploit your Mix and UGC Stream (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; 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 UGC Streams, your Content, your participation in the Mixes program or Beatport streaming service, and/or your breach of these Terms.

    6. Royalties for Sale of Mixes and plays of UGC Streams.

    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 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.

For each play/stream your UGC Stream receives on the Website or Beatport branded channels, we will pay to you a royalty of 5% of the amount that the UGC Stream receives, based on a pro rata share (a fraction, the numerator of which is the number of plays/streams on the Website and Beatport branded channels and the denominator of which is the total number of plays/streams on the Website or Beatport branded channels) of funds made available for the payment of streams on the Website or Beatport branded channels. 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, falsely inflate plays/streams, or in any way tamper with the UGC Streams, who does not fully comply with these Terms, and/or in amounts reasonably related to any indemnifiable claim hereunder.

7. Accounting.

Payments for Mixes or UGC Streams will only be made to a valid PayPal account. In order to be paid, you must provide a valid PayPal account where direct 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.

Payment will be made to the PayPal account you provided in your Beatport registration account details. 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 and UGC Stream 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 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.

9. Removal of Mixes and UGC Streams

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

 

D. Contest Rules

Contained in this Section D are the official Contest rules ("Official Rules") for all Beatport Play and Producer Challenge Contests (collectively, the "Contest(s)"); specific details about individual Contests, including the Contest name, dates, Sponsor, prizes and rules that are specific to each Contest ("Contest Rules", may be found on the Contest specific webpages for each Contest. The Contest Rules are a part of this Section D. All of the terms and conditions of Section A above apply in addition to these Official Rules.
No purchase is necessary to enter. All prizes are non-transferable and no substitutions or exchanges or cash equivalents will be allowed except by the official sponsor(s) of the applicable Contest ("Sponsor"). Sponsor reserves the right to substitute prizes of equal or greater value or approximately similar features for any prize identified in the Contest Rules due to unavailability. The Sponsor for each Contest will be identified within the Contest Rules. If no Sponsor is identified within the rules, than the term Sponsor shall refer to both Beatport and the participating Label.

If the Contest Rules for a specific Contest conflicts with these Official Rules on any matter, the Contest Rules shall govern for that particular Contest only.

1. Who Can Enter?

You are eligible if you are 18 years of age or older as of the Contest start date 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. Contest participants ("Participants") must first be registered members of Beatport.com. You are not eligible to enter and will be disqualified if:
    •     You are an employee or director of Label, Beatport, Sponsor and/or other prize sponsors, an advertising, promotion, judging, production or publicity agency doing business with any of the above, or any of their respective parents, subsidiaries, and affiliated companies, or a member of the immediate family (parent, children, sibling, spouse, regardless of where they live) or live in the same household of such employees (whether related or not) or of anyone connected with the production and distribution of the Contest, or an artist who has previously signed a contract with Label, or an artist who is presently signed to any record label or publisher under an exclusive agreement and/or contractual arrangement which would prohibit you from participation.
    •     You have not complied with these Official Rules or the final decisions of Sponsor, in Sponsor's sole discretion.
    •     You are selected as the winner but fail to respond to the Sponsor in a timely manner, as determined by the Sponsor, or refuse to sign any waiver or releases, as required by the participating label for distribution of the winning remix, in which case the Sponsor may choose an alternate winner.
    •     You have used "un-cleared samples;" defined as those works of music that are subject to copyrights of third parties and for which a license to use it for the purposes of the Contest has not been obtained by Participant.
    •     You reside in a location where the Contest is prohibited.

2. How Do I Enter?

Fill in all the information requested on the contest online entry form completely. All entries must be received by the deadline specified on the entry form. Each entry should be submitted only once. Use of automatic devices to submit the same material more than once is not permitted. Contest Sponsors are not responsible for any changes or effects caused to the Participant's computer system as a result of submitting electronic entries. Only electronic entries submitted via the electronic entry form provided on the website above 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 considered to be a participant who provided all of the following criteria:
    •    Uploaded and Titled Remix
    •    Remix is in MP3 format and less than 20MB
    •    Parts from the original track are used
    •    Parts were downloaded from Beatport.com, and
    •    You have obtained the rightful use of all additional musical works under applicable license terms. For example, each sample (a musical work, loop, sample) that is subject to copyright protection or license from third parties is properly credited, and the right to use that sample has been obtained.

Stems, parts, sound pack, or any other content downloaded from the Contest page in conjunction with the Contest are being provided for the purposes of the identified Contest only. No further rights are granted in the downloaded parts or sound pack or vested in you by the act of downloading the provided parts or sound pack.

Sponsor may prohibit any individual from participating in the contest or winning a prize if, in Sponsor's sole discretion, Sponsor determines that said individual is attempting to undermine the legitimate operation of the contest by cheating, deception, or other unfair practices; violates the Official Rules; or acts in any disruptive manner during the contest. By submitting your entry, you accept the terms of the Official Rules and agree to be bound by the decisions of the judges, which will be final.

3. License to Entries

Participant hereby grants to Sponsor an irrevocable, fully-paid, perpetual world-wide license to reproduce, edit, adapt, copyright, publish, transfer, distribute, perform, stream, display and use any or all of the entries, without compensation to you or any third party. Entries will not be acknowledged or returned.

All rights in and to the stems are reserved by the Sponsor (or copyright holder if different than Sponsor). All entrants, including the winner, will not be entitled to make their remixes derived from or incorporating the stems provided for participation in the Contest available in any way (other than as uploaded for the purposes of the Contest).

4. How Will Entries Be Judged?

There are two selected winners for each Contest. The following provides how a winner is selected for each Contest, unless the Contest Rules state otherwise.

Grand Prize Winner:

One Grand Prize Winner will be selected by a judge or judges. Judge(s) shall beprovided by the participating label unless stated otherwise in the contest rules. Judging criteria may vary for individual Contests. Factors judges may consider include but are not limited to: feedback, tune selection, originality, demonstration of technical abilities, votes, and overall positive reflection of Sponsor. Sponsor may provide additional judging criteria in the Contest Rules. The Grand Prize for each Contest is identified in the Contest Rules.

Community Pick (public vote) Winner:

One Community Pick Winner will be selected by tallying votes each entrant has received on Beatport's site. The entry with the most votes will be named the Community Pick winner. Sponsor may, at its sole discretion, disqualify any entrant from the Community Pick contest that it suspects of falsifying votes. The Community Pick prize is identified in the Contest Rules.

5 . Winner Obligations.

Winners will be notified via email and may be required to send additional information necessary to complete the transfer of the prize to the winner. Selected winners may be required by Sponsor to sign an Affidavit of Eligibility, a Confidentiality Agreement, and a Liability Release/Assignment of Rights and return these documents to Sponsor within a specified time period. Winners may also be required to sign a release to grant the Sponsor permission to use winner's name, likeness and personal information in any media relating to their participation for publicity, promotion, advertising and other purposes without further notice or additional compensation (the "Consent"); and may request that Participant further assign to the Sponsor, all rights of ownership, including copyright, in any such entry and return the Consent as specified by the Sponsor. The Sponsor may require the aforementioned documents as a contingency for being named the winner. In the event of failure to return the above documents, if requested, in the time permitted or if notification is returned as undeliverable, Participant may, at Sponsor's sole discretion, be disqualified, in which case an alternate Participant shall be selected.
Winners will be required to certify that their entries are their original creation and have not been previously published or distributed. Decisions of the Sponsor are final in all matters relating to the Contest.

6. Release and Indemnity.

Sponsor is not be responsible for any damages, taxes, or expenses that any winner might incur as a result of the contest or receipt of any prize.

All Participants agree to release, indemnify, defend and hold harmless the Sponsor, its directors, officers, employees and representatives from all claims, losses, liabilities and demands arising out of or in connection with (i) participation in any contest, (ii) the downloading or accessing of contest or entry materials, (iii) acceptance, possession, or use of any prizes, and, without limiting the generality of the above, from any loss of or damage to property or injury or death to any person while using the prize or participating in the contest, or (iv) any claim that Participant's entry or Sponsor's use, distribution or commercialization of the entry violates any copyright, intellectual property right or other proprietary right of any party. Prize winner waives the right to (1) to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem that prize, and (2) any liability claim which might arise from redeeming or seeking to redeem that prize. Any contest is void in whole or in part where prohibited, licensed, or restricted. Participants agree that their contact information may be shared with Sponsor's representatives and other participants. These terms are in addition to those in Section A above.

It is expressly understood that Sponsor is under no obligation to the winners other than as expressly set forth in these Official Rules. The winners are solely responsible for all federal, state and local taxes and fees associated with the receipt of any prize. In the event that the selected winner of a contest is ineligible, cannot be traced or does not respond within five (5) business days to a winner notification, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another Participant.

Contest Sponsors and their promotion agencies are not responsible for phone, network, electronic or computer hardware or software failure or technical failures of any kinds, lost or unavailable network connections, fraud incomplete, garbled or delayed computer transmissions, whether caused by contest Sponsors, Participants or by any of the programming or equipment associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a participant's ability to participate in the promotion.

If for any reason a Participant's submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant's sole remedy is the opportunity to provide another submission in the applicable contest provided the contest has not expired.

7. Modifications.

Sponsor may revise these Official Rules (and/or cancel, modify or suspend a contest (including altering prizes) if, its sole discretion, the contest 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.

Likewise, these Official Rules may be subject to revisions, from time to time. All Contests hosted on the Beatport platform shall be subject to the Officials Rules, as updated, modified and/or amended.

8. Other Things You Should Know.

Participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with a contest 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 contest(s) but Participants may not recover any attorneys' fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, Participants 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 obligation of the Participant and the Sponsor in connection with a contest, 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. Any contest is void where prohibited, restricted or regulated by law. Entries are void if the Sponsor determines an entry to not be original, or if an entry is illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft. Failure by the Sponsor to enforce any of its rights or these Official Rules at any stage does not constitute a waiver of those rights. Participants hereby represent and warrant that they have read these Official Rules and are fully familiar with the contents.

9. Contest is void where prohibited.

Any Contest is void in whole or in part where prohibited or restricted.

 

E. 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 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 located at: https://knowledgebase.beatport.com/ kb/article/000115;

(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, whether for free or for sale, any content that is available for purchase or free download on the Website, whether or not you have the appropriate license and rights to distribute such materials, without express 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://knowledgebase.beatport.com/kb/article/000124.

(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. You may not utilize the Beatport API in a manner that does not permit successful linking to, redirection to or delivery of the applicable Beatport web page.

2. Platform Usage.

A. Beatport may sometimes review the API platform (including how our services are being accessed and used), but you acknowledge that 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 that 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 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 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 and is not prohibited by these Terms of Use.

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 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 (including suggestions, comments, improvements, ideas, etc.) about the Beatport services, the content, the API, or any applications Beatport may be developing.

B. No Implied Rights.

These 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 Terms of Use will be construed as restricting or preventing Beatport from creating and fully exploiting such development without any obligation of any kind to you. 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 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 User 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, Beatport content, 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 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 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 will 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 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 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 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 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.

 

F. Beatport News

 

1. General Terms and Conditions

This is a legal agreement (“Agreement”) between and among you and LiveStyle, Inc., Beatport, LLC, Beatport Sarl, and any other entity affiliated with LiveStyle, Inc., Beatport, LLC, and Beatport SARL (collectively, “Beatport”). By interacting with the content on news.beatport.com (“Beatport News”), 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. If you do not agree to the terms provided for in this Agreement, please do not use Beatport News.
By using Beatport News, you additionally signify your agreement to the Beatport Terms and Conditions provided in Section A.

2. Age Requirement

Beatport News contains comment sections in which you may post or upload comments and interact with the web site and other users (collectively, “User Comments”). By using the Beatport News website or submitting User Comments, you represent that you are 13 years of age or older and, if you are under 18, you have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, interact with the Beatport News platform, and fulfill the obligations set forth herein.

3. Rules of Conduct

If you submit any User Comments within or in connection with Beatport News, you agree to abide by the following rules of conduct:
(i) You agree not to upload, post, or otherwise transmit any User Comments that violates or infringes upon the rights of others, including any statements which may defame, harass, stalk or threaten others, or is offensive to the Beatport community, including blatant expressions of bigotry, racism, abusiveness, vulgarity, profanity, or language that is generally considered hateful;
(ii) You agree not to upload, post or otherwise transmit any User Comments that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
(iii) You agree not to upload, post or otherwise transmit User Comments which contain advertising, unrelated links to third party websites, unrelated links to content on the Beatport platform, or any solicitation with respect to products or services;
(iv) You agree not to create or transmit unwanted electronic communications such as “spam,” or otherwise interfere with others’ use of Beatport News;
(v) You agree not to upload, post or otherwise transmit User Comments that do not generally pertain to the content on Beatport News;
(vi) You agree not to impersonate any person or entity, including, but not limited to, any LiveStyle or Beatport employee or representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(vii) You agree not to interfere with any other user’s right to privacy, including posting private information about a third party or attempting to contact another user on the platform;
(viii) You agree not to upload, post, or otherwise transmit any User Comments protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; and,
(ix) You acknowledge that Beatport is not responsible for any User Comments submitted on Beatport News.
Beatport shall have the right, but not the obligation, to monitor User Comments posted or uploaded and to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Although Beatport has no obligation to monitor, screen, edit or remove any of the User Comments posted or uploaded, Beatport reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Comments posted or uploaded to Beatport News at any time and for any reason.

 4. License to User Comments

By submitting User Comments to Beatport News, you grant Beatport the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Comments (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Comments. Additional uses by Beatport, or other companies, organizations or individuals who partner with Beatport, may be made with no compensation paid to you with respect the User Comments that you submit, post, transmit or otherwise make available on Beatport News.

5. Reliance on Content

The content provided for on Beatport News is editorial in nature. To the extent permitted by law, Beatport does not accept any responsibility for any statement provided for on Beatport News. Opinions and other statements expressed by DJs, interview subjects, profiled personalities, content contributors, and User Comments, are theirs alone and do not necessarily represent the opinions of Beatport. The accuracy and completeness of any information provided herein is not endorsed or guaranteed and you acknowledge that Beatport is not undertaking any obligation or liability relating to the content. For the avoidance of confusion, Beatport will not be liable for any loss caused as a result of your doing or not doing, anything as a result of viewing, reading, or listening to any content provided for on Beatport News.

6. Suggestions and Other Submissions

Any feedback, suggestions, ideas, videos, stories, or other similar submissions (“Ideas”) disclosed, submitted, or offered to Beatport in connection with Beatport News, via email, User Comments, text, oral, or other communication with Beatport shall be the exclusive property of Beatport. You agree that unless otherwise prohibited by law, Beatport may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

 

G. 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 THIS SWEEPSTAKES, PARTICIPANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES.  ANY VIOLATION OF THESE OFFICIALS RULES MAY, AT 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.

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 the Sponsor, 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, Aufgang 4 / 3 etage, Pfuelstrasse 5, Berlin, Germany 10997 Attention: Beatport Social Media Sweepstakes.

 

H. Beatport’s 12 Days of Xmas Social Media Sweepstakes

The following rules are specific to the Beatport’s 12 Days of Xmas Sweepstakes (“12 Days of Xmas Sweepstakes”) conducted on Beatport’s Facebook profile page. The Beatport Social Media Sweepstakes Official Rules, as provided for in Section G of these Terms and Conditions, are applicable herein. If there are any contradictions between these Section H terms and those provided for in Section G, these Section H
rules will apply for the 12 Days of Xmas Sweepstakes.

1. The 12 Days of Xmas Sweepstakes

Each day, between, and including, December 13, 2016 to December 24, 2016, (a total of twelve days), Beatport will post a prize opportunity to be awarded for that day. All eligible entrants that comply with the directions in Beatport’s Facebook prize post, within 24 hours of the post, will be eligible. Each prize opportunity is closed when a winner is announced and the post states the prize opportunity is now closed. The 24 hour period is approximate and may be shortened or lengthened at Beatport’s discretion. Time of day each prize opportunity is posted live may vary.

2. How Are Winners Selected

Twenty-four hours from posting, a Beatport representative will use a random number generator to identify a winner from all eligible responses. The winner will be announced in the comments section by Beatport and that prize opportunity will be closed. Only responses posted on Facebook, as directed by the daily prize
opportunity post, will be eligible for that prize opportunity.

3. Winner Responses

If you are the winner, you will have 48 hours from the time you are announced as the winner on Facebook, to email social@beatport.com with notification of your acceptance of the prize. Beatport may require some verification that you are the individual from the winning Facebook account before awarding the prize. If any
winner fails to email Beatport within 48 hours, Beatport may disqualify that individual from the prize opportunity and select an alternate winner.

4. Disqualification

You may only enter each prize opportunity once. Multiple entries under any prize opportunity is cause for disqualification from that prize opportunity and any other prize opportunity in the 12 Days of Xmas Sweepstakes.

Each individual is only eligible to win one prize throughout the 12 Days of Xmas Sweepstakes. If an individual is selected as a winner for any prize opportunity, they will not be eligible for any future prize opportunity in the 12 Days of Xmas Sweepstakes. In such case, the Beatport representative will discard the duplicate
winner entry and a new winner will be selected. The duplicate winner will be awarded whichever prize opportunity that individual won first with no opportunity to switch to the second prize.

In addition, if any winner is deemed unreachable after 48 hours of notice of winning, if any winner is unable to receive or use the awarded prize for any reason, or, if any winner is deemed ineligible at Beatport’s sole discretion, then Beatport may consider that entrant disqualified and select an alternate winner, with no further compensation to the disqualified entrant.

5. Prizes

Each prize opportunity will be revealed with the posting for the specific prize opportunity. Only that which is specifically mentioned or described in the daily post is available as part of the prize package. You are solely responsible for any additional or supplemental costs (travel, taxes, etc.) that may be incurred by accepting the prize and agree to such by accepting the prize.

Prizes are non-transferrable and not available for re-sale. If you are unable to use any prize, you will notify Beatport and Beatport will select an alternate winner, with no further obligation to you.

6. For a paper copy of winners and prizes, please send a self-addressed, stamped envelope to Beatport, LLC, Aufgang 4 / 3 etage, Pfuelstrasse 5, Berlin, Germany 10997 Attention: Beatport 12 Days of Xmas Sweepstakes.

 

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