Welcome to Beat Builder, a service provided by Beat Builder LLC. ("Beat Builder", "we", "our", or "us").
These Terms and Conditions govern your use of Beat Builder (the "Website"), and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use), and other services provided by Beat Builder (the "Services").
These Terms and Conditions, together with our Privacy Policy, Cookies Policy, Community Guidelines, and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and Beat Builder in relation to your use of the Website and Services (together, the "Platform").
Please read these Terms and Conditions carefully before using the Platform. By accessing or using the Platform, you agree to be legally bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, you should not access or use the Platform.
Our Services and Paid Subscriptions: Beat Builder provides a cloud-based collaborative platform for music production, mental health resources, life coaching, and personal development solutions. Certain Beat Builder services are provided to you free-of-charge. Other Beat Builder services require payment before you can access them. You can learn more about our services by visiting our website.
Acceptance of Terms and Conditions: Please read these Terms and Conditions, our Privacy Policy, Cookies Policy, and Community Guidelines very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Website or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading, or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms and Conditions, Privacy Policy, Cookies Policy, and Community Guidelines, will abide by them, and that you are either 13 years of age or older or have parental consent to use the Platform.
Changes to Terms and Conditions: We reserve the right to change, alter, replace, or otherwise modify these Terms and Conditions at any time. The date of the last modification is stated at the end of these Terms and Conditions. It is your responsibility to check this page from time to time for updates.
Description of the Platform: Beat Builder provides a platform for users to create, edit, and collaborate on music projects, access mental health resources, life coaching, and personal development questionnaires or solutions. Users can interact with each other, share content, and receive personalized recommendations based on their preferences and questionnaire responses.
Your Beat Builder Account: To use certain features of the Platform, you must register for a Beat Builder account. You are responsible for providing accurate and complete information when registering for an account and maintaining the security of your account credentials.
Your Use of the Platform: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal, non-commercial purposes, subject to these Terms and Conditions. You agree not to use the Platform for any illegal activities, to infringe upon the rights of others, or to engage in any conduct that is harmful or offensive.
Your Content: You retain all ownership rights in any content you create or upload while using the Platform. By uploading content to the Platform, you represent and warrant that you have all necessary rights to do so and that your content does not infringe upon any third-party rights.
Grant of License: By uploading content to the Platform, you grant Beat Builder and other users a non-exclusive, royalty-free, worldwide, perpetual license to access, use, reproduce, distribute, display, and perform your content, subject to these Terms and Conditions.
Representations and Warranties: You represent and warrant that any content you upload to the Platform is owned by you and does not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
Liability for Content: You understand and agree that Beat Builder is a hosting service and is not responsible for the content uploaded by its users. You are solely responsible for the content you upload to the Platform and any consequences that may arise from its use.
Reporting Infringements: If you believe that any content on the Platform infringes upon your intellectual property rights or is otherwise offensive, abusive, defamatory, or contrary to our Terms and Conditions or Community Guidelines, please contact us with the relevant information so that we can take appropriate action.
Third-Party Websites and Services: The Platform may contain links to third-party websites and services that are not under the control of Beat Builder. You acknowledge and agree that Beat Builder is not responsible for the content, products, or services provided by such third parties and that your use of these third-party websites and services is at your own risk.
Blocking and Removal of Content: Beat Builder reserves the right, at its sole discretion, to block or remove any content from the Platform that it deems to be in violation of these Terms and Conditions, Community Guidelines, or any applicable laws.
Repeat Infringers: Users who repeatedly infringe on third-party rights or breach these Terms and Conditions or Community Guidelines may have their Beat Builder accounts suspended or terminated at Beat Builder's sole discretion.
Disclaimer: While Beat Builder strives to provide a high-quality platform, we cannot guarantee that the Platform will be available or function without interruption. You acknowledge and agree that your use of the Platform is at your own risk and that Beat Builder is not liable for any damages arising from the unavailability or malfunction of the Platform.
Limitation of Liability: To the fullest extent permitted by law, Beat Builder shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the Platform.
Indemnification: You agree to indemnify and hold harmless Beat Builder, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Platform, your violation of these Terms and Conditions, or your infringement of any third-party rights.
Data Protection, Privacy, and Cookies: Your privacy is important to us. We collect, store, and use your personal information in accordance with our Privacy Policy. Please read and understand that policy to learn how we handle your personal information. Our use of cookies is detailed in our Cookies Policy, which you should also read and understand.
Competitions and Other Promotions: From time to time, Beat Builder may host competitions, contests, or sweepstakes. These events will be subject to separate terms and conditions, which will be made available to you when you choose to participate.
Use of Beat Builder Players and Widgets: You may use Beat Builder players and widgets for personal, non-commercial use, but you may not use them to create a new music or audio streaming service.
Changes to the Platform, Accounts, and Pricing: Beat Builder may, at its sole discretion, make changes to the Platform, its features, functionality, or pricing. If any changes materially affect your use of the Platform, we will notify you in advance, and you will have the option to continue using the Platform under the new terms or to terminate your account.
Termination You may terminate your Beat Builder account at any time by contacting us. Beat Builder reserves the right to terminate your account or access to the Platform at its sole discretion, for any reason, and without notice.
Assignment to Third Parties: Beat Builder may assign, transfer, or sublicense its rights and obligations under these Terms and Conditions to a third party without your consent. Severability If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement: These Terms and Conditions, together with the Privacy Policy, Cookies Policy, and Community Guidelines, constitute the entire agreement between you and Beat Builder regarding your use of the Platform. Any changes to this agreement must be made in writing. Third-Party Rights These Terms and Conditions apply only to the relationship between you and Beat Builder and do not confer any rights on third parties.
Applicable Law and Jurisdiction: These Terms and Conditions and any disputes arising out of or in connection with them shall be governed by the laws of the country in which Beat Builder is located. Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of that country.
Disclosures: Please refer to our contact information provided on the Platform to reach Beat Builder for any inquiries, concerns, or to exercise your rights under these Terms and Conditions. By Description of the Platform The Beat Builder technology, is a recording and hosting service. Registered users can submit, upload, and post various types of content, which will be stored by Beat Builder and can be shared and distributed using the tools and features provided on the Platform. The Platform also enables users to interact with one another and contribute to discussions. New tools, resources, versions of apps, or services may be released from time to time, and these will also be subject to these Terms and Conditions and any additional terms released for those specific services or features.
Your Beat Builder Account: You do not need to register to use the Platform, but access to certain features is available only to registered users. You are responsible for maintaining the confidentiality and security of your username and password, as well as all activities on your account. If you suspect unauthorized access to your account, you should notify Beat Builder in writing and change your password as soon as possible. Beat Builder reserves the right to disallow, cancel, remove, or reassign usernames and permalinks in certain circumstances and may suspend or terminate your account if it detects any violations of these Terms and Conditions or any infringement of third-party rights or applicable laws.
Your Use of the Platform: Subject to your compliance with these Terms and Conditions and our Community Guidelines, Beat Builder grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Platform to view, listen to, share, and download content, as well as to submit, upload, and post your own content. You must adhere to the conditions and restrictions set forth in these Terms and Conditions and our Community Guidelines, which include prohibitions on copying or capturing content from the Platform, republishing or redistributing content without permission, using automated techniques to manipulate the popularity of content or user activity, and uploading content that is offensive, infringes on third-party rights, or is otherwise illegal.
You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping. You must not violate, circumvent, or attempt to violate or circumvent any data security measures employed by Beat Builder or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Beat Builder’s servers, system or network or attempt to breach Beat Builder’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Beat Builder’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Beat Builder under these Terms and Conditions, Beat Builder reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
Your Content: Any and all audio, text, photos, pictures, graphics, comments, and other content, data, or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned, and controlled solely by you, and not by Beat Builder. Beat Builder does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright-protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available, or otherwise communicating to the public via the Platform) may constitute an infringement of third-party rights and is strictly prohibited. Any such infringements may result in the termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
If you have entered into an agreement with a collective rights management society (that administers creator’s and publisher’s copyrights when performed publicly), you hereby expressly acknowledge that you will not share any of Your Content publicly without obtaining the necessary consent of your relevant management society.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Beat Builder shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Grant of License: By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct Beat Builder to store Your Content on our servers, from where you may control and authorize the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services.
To the extent it is necessary in order for Beat Builder to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms and Conditions, and/or to enable your use of the Platform, you hereby grant such licenses to Beat worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the settings on the sound page for each sound you upload, subject to the provisions of the Disclaimer section below.
Notwithstanding the foregoing, nothing in these Terms and Conditions grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.
The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms and Conditions) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable and will continue notwithstanding any termination of your account.
Removal of audio Content from your account will automatically result in the deletion of the relevant files from Beat Builder's systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Beat Builder is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.
Any Content other than Your Content is the property of the relevant Uploader and is or may be subject to copyright, trademark rights, or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available, or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Representations and Warranties: You hereby represent and warrant to Beat Builder as follows:
Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents, and permissions necessary in order to use, and (if and where relevant) to authorize Beat Builder to use, Your Content pursuant to these Terms and Conditions, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available, and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, any and all Services, and any Linked Services.
Beat Builder reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule, or regulation.
You hereby acknowledge and agree that Beat Builder (i) stores Content and other information at the direction, request, and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage, and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on, or through the Platform, and to the extent permissible by law, Beat Builder excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that Beat Builder cannot and does not review the Content created or uploaded by its users, and neither Beat Builder nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third-party rights, or has otherwise been uploaded in breach of these Terms and Conditions or applicable law.
Beat Builder and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Beat Builder or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages. If you would prefer to send us your own written notification, please make sure that you include the following information:
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
Your notice should be sent to us by email and/or by mail:
The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at trademarks[at]beatbuilder.com. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist, or otherwise liable to cause widespread offense, or which constitutes impersonation, harassment, spam, or otherwise violates these Terms and Conditions, our Community Guidelines, or applicable law, please report this to us at legal[at]beatbuilder.com.
If we have taken down any of Your Content due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail to our designated agent below. That written communication should include the following:
Your notice should be sent to us by email and/or by mail:
The Platform may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services, including without limitation, Linked Services (hereinafter “External Services”). Beat Builder does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation, or use. By linking or otherwise providing access to any External Services, Beat Builder does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such External Services.
External Services may have their own Terms and Conditions and/or privacy policy, and may have different practices and requirements to those operated by Beat Builder with respect to the Platform. You are solely responsible for reviewing any Terms and Conditions, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Beat Builder disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Beat Builder with respect to the content or operation of any External Services.
Notwithstanding the fact that Beat Builder has no legal obligation to monitor the Content on the Platform, Beat Builder reserves the right to block, remove, or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms and Conditions, our Community Guidelines, or applicable law, or is otherwise unacceptable to Beat Builder.
Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content, and Beat Builder shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Beat Builder or the relevant Uploader.
Beat Builder will suspend or terminate your access to the Platform if Beat Builder determines, in its reasonable discretion, that you have repeatedly breached these Terms and Conditions or our Community Guidelines.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Beat Builder at its discretion. Please note we do not offer refunds to Pro and Pro Unlimited account holders whose accounts are terminated as a result of repeated infringement of these Terms and Conditions or our Community Guidelines.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, OR OTHERWISE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
WHILE BEAT BUILDER USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO BEAT BUILDER'S ATTENTION, BEAT BUILDER MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. BEAT BUILDER DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEAT BUILDER DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING, OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
BEAT BUILDER AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
IN NO EVENT SHALL BEAT BUILDER'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 110 USD OR THE AMOUNTS (IF ANY) PAID BY YOU TO BEAT BUILDER DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. BEAT BUILDER AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;
AND/OR ANY LOSS OF PROFITS, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT BEAT BUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless Beat Builder and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and shareholders, from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, and settlements (including without limitation attorneys' fees) arising out of or in connection with your use of the Platform, your Content, your breach of this Agreement, or your violation of any rights of another. Beat Builder reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Beat Builder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Beat Builder. Beat Builder will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
All personal data that you provide to us in connection with your use of the Platform is collected, stored, used, and disclosed by Beat Builder in accordance with our Privacy Policy. In addition, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies and how to disable cookies is explained in our Cookies Policy. By accepting these Terms and Conditions and using the Platform, you also accept the terms of the Privacy Policy and our Cookies Policy.
From time to time, some Beat Builder users may promote competitions, promotions, prize draws, and other similar opportunities on the Platform (“Third Party Competitions”). Beat Builder is not the sponsor or promoter of these Third-Party Competitions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer, or are otherwise involved in the promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements and are lawfully able to participate in such Third-Party Competitions in your country of residence.
The Platform includes access to customizable players (“Players”) and an embeddable version of the Beat Builder waveform player (“Widget”) for incorporation into users' own sites, third-party sites, or social media profiles. This functionality is provided to enable users to put their Content wherever they wish and to enable other users of the Platform to share and distribute Content within the parameters set by the user.
You may not, without the prior written consent of Beat Builder, use the Players or the Widget in such a way that you aggregate Content from the Platform into a separate destination that replicates substantially the offering of the Platform, or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of Beat Builder, use the Players or the Widget to embed Content into any website or other destination dedicated to a particular artist or genre. You may not use the Players or Widget in any way that suggests that Beat Builder or any artist, audio creator, or other third party endorses or supports your website, or your use of the Players or Widget. Beat Builder reserves the right to block your use of the Players and the Widget at any time and for any reason in its sole discretion.
Beat Builder reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination, or cessation of access, Beat Builder shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that Beat Builder and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to you or to any third party for any changes or modifications to the Platform and/or any Services that Beat Builder may wish to make from time to time, or for any decision to suspend, discontinue, or terminate the Platform, the Services, or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
Beat Builder may change the features of any type of account, may withdraw or introduce new features, products, or types of accounts at any time and for any reason, and may change the prices charged for any of its accounts from time to time. In the event of any price changes, Beat Builder will notify you in advance through the Platform or via email. If you do not agree with any changes to your account, your sole remedy will be to cease using the Platform and/or the affected Services.
You may terminate these Terms and Conditions at any time by sending an email to support@beatbuilder.com Beat Builder may terminate these Terms and Conditions and/or suspend your access to the Platform if you breach any of the provisions herein. Upon termination of these Terms and Conditions, all licenses and rights granted to you under these Terms and Conditions shall immediately cease, and you shall promptly cease all use of the Platform.
You understand and agree that your use of the Platform and any Content therein is at your own risk. The Platform and all Content therein are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Beat Builder does not warrant that the Platform will be available, uninterrupted, secure, or error-free, that defects will be corrected, or that the Platform or the server that makes it available are free of viruses or other harmful components.
In no event shall Beat Builder or its affiliates, directors, employees, agents, licensors, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, or goodwill, arising out of or in connection with these Terms and Conditions, the Platform, or any Content therein, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Beat Builder has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
You agree to defend, indemnify, and hold harmless Beat Builder and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Platform, your violation of any term of these Terms and Conditions, your violation of any third-party right, including without limitation any copyright, property, or privacy right, or any claim that your Content caused damage to a third party.
These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Beat Builder on the Platform, shall constitute the entire agreement between you and Beat Builder concerning the Platform. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Beat Builder's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. You and Beat Builder agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
These Terms and Conditions shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Beat Builder that arises in whole or in part from the Platform shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Texas.
Beat Builder reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Platform following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. If you do not agree to the new terms, please stop using the Platform.
If you have any questions about these Terms and Conditions, please contact us.
If you are not an administrator or teacher entering this Agreement under an Educational Plan, you may terminate this Agreement at any time by sending a written notice confirming such termination to Beat Builder, by removing all of your content from your account, by deleting your account, and thereafter by ceasing to use the Platform. If you have paid for your use of the Services and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.
If you are an administrator or teacher entering this Agreement under an Educational Plan, the term of the Agreement will last until the expiry of your purchased educational license. You also acknowledge that the term of the Agreement will be automatically renewed on a rolling one (1) year basis unless terminated by an authorized representative upon thirty (30) days' written notice before the expiry of the relevant license period.
Beat Builder may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a repeat infringer; (ii) you are in breach of any material provision of these Terms and Conditions or our Community Guidelines, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of License, and Your Representations and Warranties; (iii) Beat Builder elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by Beat Builder at its discretion. If you have a Pro Account, Premium Account, or Education Account and your account is suspended or terminated by Beat Builder pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of Beat Builder.
Once your account has been terminated, any and all content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Beat Builder, except to the extent that we are obliged or permitted to retain such content, data, or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Beat Builder assumes no liability for any material that is irretrievably deleted following any termination of your account. Beat Builder is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
If you access the Platform via any of our Apps or via any third-party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website.
The provisions of these Terms and Conditions that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those sections entitled Your Beat Builder Account, Your Content, Grant of License, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.
Beat Builder may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Beat Builder. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Beat Builder.
Should one or more provisions of these Terms and Conditions be found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms and Conditions, which will remain in full force and effect.
These Terms and Conditions, together with the Community Guidelines, Privacy Policy, and Cookies Policy, constitute the entire agreement between you and Beat Builder with respect to your use of the Platform (other than any use of Beat Builder's APIs which may also be subject to separate API Terms and Conditions), and supersede any prior agreement between you and Beat Builder. Any modifications to this Agreement must be made in writing.
These Terms and Conditions are not intended to give rights to anyone except you and Beat Builder. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.
Except where otherwise required by the mandatory law of the United States or any member state of the European Union:
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Beat Builder seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Beat Builder or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Beat Builder, including with respect to your content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms and Conditions.
The services hereunder are offered by Beat Builder, a company incorporated under the laws of Texas and with its main place of business at 511 E. John Carpenter Fwy #400 Irving, Texas 75062. You may contact us by sending correspondence to the foregoing address or by emailing us.
