TheBeatTrader.com Terms & Conditions

Please fully read the following terms & conditions before joining. If you are unsure of the meaning of any of the terms & conditions of this web site please contact us at: support@thebeattrader.com before joining.

Use of this web site constitutes full agreement and acceptance of the terms & conditions set forth in this document as well as the privacy policy of this web site. TheBeatTrader.com reserves the right to change the terms & conditions of this web site at any time, for any reason, without notice.

I. Accounts

1. Valid Information

(a). All users shall provide accurate information.

(b). A user shall not use another persons name or information to create an account on TheBeatTrader.com, i.e. A user may not signup for another person.

(c). A user is entitled to 2 upload credits. Users may not create multiple accounts to receive free upload credits. TheBeatTrader.com reserves the right to screen for multiple accounts. In the event a user has violated this policy, all accounts will be immediately closed without refund or commission. This includes, but is not limited to commissions of sales, and payments made to TheBeatTrader.com for upload credits, featured listings, feature member payments, bold purchase payments, and any other expenses made to TheBeatTrader.com.

2. Cancellation of Account

(a). If a user no longer wishes to be a member of this web site, please contact us at support@thebeattrader.com

3. Security

(a). Users are responsible for the security of their own accounts. A user should not share their account information with others and is responsible for keeping their password secure. TheBeatTrader.com is not liable for any loss due to the theft or misuse of your account or it's information.

(b). Any unauthorized use or entry into this web site is illegal and will result in the offender being punished to the fullest extent of the law.

4. Damages

(a). Signing up as a member of this web site waives any claim for damages, whether direct or indirect, consequential, or punitive, which you may have against TheBeatTrader.com, and you agree to hold harmless and indemnify TheBeatTrader.com from any such claim for damages regardless of cause.

5. Failure to Operate

(a). TheBeatTrader.com may change, suspend or discontinue any aspect of this site

at any time, including the availability of any feature, data, or Content. TheBeatTrader.com may also impose limits on certain features and services or restrict your access to parts or all of TheBeatTrader.com without notice or liability.

6. General Account Guidelines

• A members is entitled to 1 account. Members suspected of having more than 1 account based on, but not limited to IP address, will be terminated without commission or refund.
• Your audio materials must be an Instrumental (beat) not a song.
• Your audio audition files must be stereo MP3 files and encoded at least at 128kbps/44.1khz.
• You have unlimited space. You sell as many beats as you want on TheBeatTrader.com
• You must choose the single genre that best fits the nature of your submission.
• Descriptions must pertain to the specific beat listing you are submitting.
• Beat descriptions should not contain marketing language that promotes non-relevant entities, and should not include any links to images, unrelated sites, email address, phone numbers, or any information which provides a method to circumvent the purpose of this website.
• Beat Descriptions should not contain email or website address. We will remove any content that is not suitable for the general public
• The audition file you submit must be 60 seconds in length. Beats over 60 seconds in length will be truncated.
• You may post beat that contains sample in it. If you haven't made the sample yourself and it's from someone else is but not limited to, musical compositions, sound recordings, written, you have to somehow obtain rights at least from the publisher, and possibly from the label as well in order to post the beat on the website. If we determine that a producer has violated this rule, the beat posted will be removed from the website without notice or refund of any type.
• If we determine that someone other than the legal copyright or trademark holder (or his or her official agent) has submitted material, we will suspend that material and the members account without notification.
• It is your responsibility to determine whether you have the legal right to use materials that you submit to our site.
• If you do not hold the copyright and/or trademark for the composition(s) you are submitting, but you have documented permission from the trademark or copyright holder, please submit written evidence of your permission with your product. We will review your evidence as part of our evaluation process.

II. Uploaded Material

1. Copyrights

(a). TheBeatTrader.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on TheBeatTrader.com are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content.

(b). You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through TheBeatTrader.com any materials which:

·        restrict or inhibit any other user from using and enjoying TheBeatTrader.com;

·        are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;

·        constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;

·        violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;

·        contain a virus or other harmful component;

·        contain any information, software or other material of a commercial nature;

·        contain advertising of any kind, or

·        constitute or contain false or misleading indications of origin or statements of fact

2. Perpetual Royalty-Free License

(a). By uploading files, inputting data or engaging in any other form of communication (individually or collectively 'Communications') to TheBeatTrader.com, you hereby grant to TheBeatTrader a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against TheBeatTrader for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. This waiver does not and shall not be construed to include beats posted for sale on Company Web Site. Company hereby acknowledges that all beats placed for sale on Company Web Site shall remain the property of the seller, until title passes to a buyer through the sale process. If such beat is not sold, its seller shall retain all rights, duties and liabilities associated with ownership of the beat.

3. Security of Transmission

(a). You acknowledge that transmission to and from this Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied, or any other relationship is created between you and Company other than pursuant to this Agreement.

III. Sale of Uploaded Material

1. Availability

(a). Uploads are available for sale when the Master Files are uploaded.

(b). Uploads are posted for 90 days. After 90 days, unsold uploads are expired and you must purchase an upload credit to re-post the upload for an additional 90 days. If the auto-renew feature is active for a particular beat, the auto-renewal will occur 3 days prior to the beats expiration. If the auto-renew does not process, a 2nd and 3rd attempt will be made before the beat is officially expired.

2. Exclusive Rights Transfer

(a). By purchasing any beat available on TheBeatTrader.com, the buyer acquires the OWNERSHIP right of the Beat.

(b). All the beats purchased are Royalty Free, which means no royalties are paid to the producer(seller) for any reason after the exclusive purchase.

(c). Credit to the producer of the beat must be given if the beat is used for any commercial purpose.

(d). Once a beat has been purchased, that beat will not be available for sale.

(e). TheBeatTrader.com prohibits the re-sale of an exclusively purchased beat. ie. A producer cannot sell an exclusive beat again for any reason.

3. Non-Exclusive Rights Transfer

(a). Non-exclusive beats grant the purchaser the right to make one master recording for profitable commercial or broadcast purposes.

(b). Non-exclusive beats purchased are limited to distributing that recording for no more than 2500 copies/units.

(c). Credit to the producer of the beat must be given if the beat is used for any commercial purpose.

(d). Once a beat has been purchased, that beat may be sold on a non-exclusive basis to another party.

(e). TheBeatTrader.com prohibits the re-sale of any non-exclusive beat. ie. A producer cannot sell exclusive rights to a beat which has been sold as non-exclisuve to one or more parties.

4. Buyer Payment

(a). Payments are accepted in the form ofPaypal, Visa, Mastercard, American Express, and Discover.

(b) Your payment will be secured and your Credit Card or Financial information will not be revealed to TheBeatTrader.com. Once your payment is completed you will be able to download your beat instantly. PayPal accounts are not required to make a purchase.

(c) Some of your private information is sent to PayPal using Secure Sockets Layer (SSL), the Internet encryption standard for secure commerce transactions. Internally, PayPal adheres to the high standards of security necessary to safeguard your information and protect your payments. In addition, PayPal protects your privacy and does not sell or share any of your personal information.

5. Seller Fee

(a). A 20% service fee is charged to each sale. ie, If a beat is sold for $100.00, a $20.00 service fee will be charged. The producer will receive an $80.00 credit to their account for the sale.

6. Downloading Master Files

(a). Master files are available immediately after purchase.

(b). Downloads may exceed 20MB and we encourage users to have at least a DSL, Cable Modem, or equivalant connection.

(c). Master files are available in .mp3 format only. If you wish to obtain the master file in an additional format such as .wav or aiff, please contact support@thebeattrader.com.

(c). Master files are available specifically in a Stereo Mixdown or Seperated Tracks. The download format is specified in the beat details.

7. Commission Withdrawals

(a). Commissions may be withdrawn at any time by logging into the account and selecting 'Withdraw' from the account page.

(b) Commissions are paid in the form of PayPal payments, on a weekly basis. The day payments are made is at the discretion of TheBeatTrader.com.

8. Return Policy

(a). Due to the nature of this service, no refunds will be issued unless the buyer is not completely satisfied with the sound quality of the beat. In the event the buyer is not completely satisfied with the sound quality, the seller will have 14 days to re-master the material and contact us at support@thebeattrader.com.

9. Upload Credits

(a). New accounts are credited with 2 upload credits.

(b). Additional credits may be purchased at $2.00 each, 4 for $7.00, and 10 for $15.00.

VI. Member Conduct

1. The Rating System

(a). Any member who is suspected of purposely rating down other members material will be terminated from this site without notice.

1. Member Forum

(a). Any member who is suspected of making false claims which degrades members of TheBeatTrader.com, as well as the website itself will be terminated without notice or compensation for commissions.

1. Beat Purchasing

(a). Any member who is suspected of purchasing their own material to drive their sales status up will be terminated without notice or compensation for commissions.

VII. Customer Service

1. Contacting Customer Service

(a). While we make an effort to reply to customer service inquires in a timely fashion, We do not make any guarantee to respond to them in certain time frame, or at all.

(b). Due to heavy volume of customer service requests, We do not provide telephone support. All questions, comments, concerns, should be sent to our Customer Service via our web site.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA , WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF VIRGINIA .