Effective Date: July 2024
Welcome to BeatsDen. These Terms of Use (“Terms and Conditions”) govern your use of the BeatsDen website and services (collectively, the “Service”). By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
1. Acceptance of Terms
By accessing and using the Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service. We reserve the right to change these Terms at any time without prior notice. Your continued use of the Service after such changes are posted constitutes your acceptance of the new Terms.
2. Privacy Policy
Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference.
3. Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and that all information you provide is accurate and truthful. If you are under 18, you may use the Service only with the involvement of a parent or guardian.
4. User Accounts
You may need to create an account to use certain features of the Service. You agree to provide accurate and complete information when creating your account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. Intellectual Property
All content on the Service, including text, graphics, logos, images, audio clips, and software, is the property of BeatsDen or its content suppliers and is protected by international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Service without our prior written consent.
6. User-Generated Content
6.1 License Grant
By submitting content, including music, comments, and other materials, to the Service (“User-Generated Content”), you grant BeatsDen a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Service.
6.2 Representations and Warranties
You represent and warrant that you own or have the necessary rights to the User-Generated Content and that the use of the User-Generated Content does not violate any third-party rights or applicable laws.
7. Prohibited Conduct
You agree not to:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
- Post, upload, or distribute any content that is unlawful, defamatory, obscene, pornographic, abusive, or otherwise objectionable.
- Use the Service to harass, threaten, impersonate, or intimidate others.
- Use the Service to post or transmit any virus, worm, Trojan horse, or other harmful or disruptive software.
- Attempt to gain unauthorized access to any part of the Service, accounts, computer systems, or networks.
8. Payment Terms
8.1 Payment Obligations
You agree to pay all amounts due for purchases made through the Service. Payments are due at the time of purchase unless otherwise agreed upon.
8.2 Taxes
You are responsible for any taxes applicable to your transactions.
9. Affiliate and Placement Programs
9.1 Affiliate Program
To participate in the BeatsDen Affiliate Program, you must have a valid account, apply and be approved, and comply with the Affiliate Program terms. Commissions are issued at our discretion and cannot be transferred, bartered, or sold.
9.2 Placement Program
Participation in the BeatsDen Placement Program requires a valid account and compliance with the Placement Program terms. Commissions are issued based on compliance with these terms.
10. Termination
We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice and liability, for any reason, including if we believe that you have violated these Terms.
11. Disclaimers
11.1 Service Provided “As Is”
The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.
11.2 Campaigns and Promotions
We do not guarantee the performance of any promotional campaigns or advertisements. All campaigns must comply with applicable laws, regulations, and guidelines.
12. Limitation of Liability
To the fullest extent permitted by applicable law, BeatsDen and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
13. Indemnity
You agree to, and you hereby, defend, indemnify, and hold BeatsDen and its affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any BeatsDen Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) BeatsDen Parties’ use of the information or content that you submit to us (including your User-Generated Content and Music Content) (all of the foregoing, “Claims and Losses”).
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms and any Additional Terms will be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflicts of law principles.
14.2 Arbitration
Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in Tel-Aviv, Israel, in accordance with the rules of the American Arbitration Association.
14.3 No Class Action Matters
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons similarly situated.
15. Notices and Communications
You agree that we may give you notices of new, revised, or changed terms and other important matters by prominently posting notice on the homepage of the Service, or in another reasonable manner that we may elect. You agree to promptly notify us if you change your email or mailing address by updating your account information.
16. General Provisions
16.1 Entire Agreement
These Terms constitute the entire agreement between you and BeatsDen regarding the use of the Service.
16.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16.3 Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.
16.4 Assignment
You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without your consent.
17. Contact Information
If you have any questions about these Terms, please contact us at:
By Mail:
BeatsDen,
[email protected]