Please completely read the following terms and conditions before completing the registration process as an artist or a producer. If you would like clarification of any portion of the following terms and conditions, please contact us at support@beatpal.com before completing the registration process. It must be understood that agreeing to these terms and conditions signifies that you agree to all sections of these terms and conditions including all types of accounts whether they do or do not currently apply to you because of the ability to upgrade and downgrade accounts at a later time.
The use of this website constitutes full agreement and acceptance of the terms and conditions set forth in this document. Accessing and browsing this site (other than to read this notification for the first time) constitutes unequivocal acceptance, without limitation, of these terms and conditions. BeatPal.com reserves the right to change the terms and conditions of this web site at any time and for any reason. Should any changes to the terms and conditions be made which affect the operation of the site or relate to matters of legality, all registered users of BeatPal.com will be notified of the changes via the e-mail address provided by each user upon registering. Users who do not agree to any revisions made in the terms and conditions must request the termination of their account. Please see section 7 for more information. Users will have one month to review changes to terms and conditions before they take effect. At any time, if users do not agree to the changes made, they must cancel their account. Please see section 7 for more information on cancelling accounts. No request for cancellation for a user's account will be taken as a formal agreement of the changes made in the terms and conditions.
Section 1 Ownership of BeatPal.com
This site is owned and operated by the directors of 1502607 Alberta LTD. As such, BeatPal.com and all material contained within this site is the property of the aforementioned limited company. As such, any further reference to BeatPal.com is synonymous to making reference to 1502067 Alberta LTD. The directors of 1502607 Alberta LTD. and BeatPal.com will aggressively enforce its intellectual property rights to the fullest extent of the law. You may not modify, copy, reproduce, publish, upload, post, distribute, transmit or in any way exploit any material from this site, including code and software. Unless expressly authorized, you may not distribute any part, feature, or element of this site over any network, including a local area network. Neither can you sell or offer any part or feature of this site for sale. This site, which includes, but is not limited to, text, content, photographs, graphics, video, and audio content is protected under the copyright laws of Canada and the United States and other countries under international law. BeatPal.com is specially designed to let producers sell their exclusive and non-exclusive (leases) beats and rap instrumentals and to interact using BeatPal.com's social networking components and rating systems.
All trademarks, logos, and service marks displayed on this site are the registered and unregistered trademarks of 1502607 Alberta LTD. and the use of any of the aforementioned trademarks of BeatPal.com in the HTML code of any website other than those which have the express written consent of the directors of 1502607 Alberta LTD. is expressly prohibited.
Section 2: Ownership of Producer's Intellectual Property
By uploading music into the BeatPal.com player, BeatPal.com becomes the official licensor of the uploaded intellectual property. As licensor, BeatPal.com is made the exclusive agent of licensing and as such controls the mechanical rights in and to the copyrighted musical work. This intellectual property remains the property of him or her who uploaded their compositions into the BeatPal.com player; however, the rights to license the intellectual property are surrendered to BeatPal.com for the duration that the composition remains uploaded in the producer's BeatPal.com player. While users with producer's accounts may at any time remove their own beats and rap instrumentals from the BeatPal.com player, they must understand that BeatPal.com will continue to act as licensor to any licensee, i.e. purchasers of leases or exclusives, made during the period when the producer user had his or her intellectual property uploaded into the BeatPal.com player. As such, any licenses issued during the period when the user producer had his or her intellectual property uploaded into the BeatPal.com player must be honoured indefinitely by the aforementioned user producer. User producers are only entitled to showcase, sell, and lease beats and rap instrumentals using the BeatPal.com player if they comply with the terms and conditions of this site.
Section 3: Licensing and the Licensee
Through the purchase of beats and rap instrumentals using the BeatPal.com player, the licensor (BeatPal.com) hereby grants to the licensee (purchaser) a non-transferable licence for the use of the music. Different terms apply to each of the three different types of licenses, i.e. basic lease, premium lease, or exclusive sale. These different terms are explained below in section 3 paragraphs 7, 8, and 9.
The licensee shall acknowledge the original authorship of the composition appropriately and reasonably in all media and performance formats. While BeatPal.com is the licensor of the composition, the original authorship of the composition is the user producer who created this composition.
If the licensee fails to abide by the conditions of the lease or exclusive sale that they have purchased, the licensor shall have the rights to terminate this license upon written notice to the licensee. Such termination shall render the recording, manufacture, and/or distribution of recordings for which monies have not been paid subject to and actionable as infringements under applicable law, including, without limitation, the United States Copyright Act, as amended.
Accordingly, the licensee agrees that the licensor is harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys' fees, arising out of or resulting from a claimed breach of any of the licensee's representations, warranties or agreements hereunder. Accordingly, the licensee agrees that the licensor is harmless from and against any and all claims, losses, damages, costs, and expenses, including without limitation, reasonable attorneys' fees, arising out of or resulting from a claimed breach of any of the licensor's representations, warranties or agreements hereunder.
This license is non-transferable and is limited to the composition in question and constitutes the entire agreement between the licensor and the licensee relating to the composition in question. This license shall be binding upon the licensor and the licensee and their respective successors, assigns, and legal representatives.
Any licence issued by 1502607 Alberta Ltd. expressly forbids the resale or distribution of intellectual property for which 1502607 Alberta Ltd. is the licensor as they exist or any modification made thereof. The licensee cannot sell, loan, lease, rent, remix, rearrange, remove melodies, instruments, drum programming, or transfer the products, licensed to the purchaser by BeatPal.com, to any other record label, production company, individual producer, or to any product that is competitor (this includes re-selling using 1502607 Alberta Ltd. as licensor).
BeatPal.com will be the licensor to three different types of licences for compositions, leases, premium leases, and exclusive sales. In a basic lease, the licensor hereby grants to the licensee a non-exclusive license to use the compositions partly or in its entirety and substantially in its original form in the recording, manufacture, and distribution of phonograph records, cassette tapes, compact discs, internet downloads, ring tones, video and any other audio and digital recordings and any lifts and versions thereof (a "Recording") worldwide for up 2000 pressings/copies. The basic lease also entitles the licensee to broadcast rights for a maximum of 5 radio stations, profitable performance rights for up to $2000.00 (USD) personal profit (live shows, concerts), and unlimited non-commercial, non-profit use and non-profit performance rights. The licensee will receive an untagged, high quality mp3 for the purchase of a basic lease. If after 2000 copies are made, or $2000.00 (USD) in performances has been made, if the licensee wishes to make additional pressings/copies or make profit from further performances, another licence must be negotiated. Until such time, the licensee is not permitted to make further pressings/copies or generate any further income from the beat or rap instrumental.
In a premium lease, the licensor hereby grants to the licensee a non-exclusive license to use the composition partly or in its entirety and substantially in its original form in the recording, manufacture, and distribution of phonograph records, cassette tapes, compact discs, internet downloads, ring tones, video and any other audio and digital recordings and any lifts and versions thereof (a "Recording") worldwide for up 50 000 pressings/copies. The premium lease also entitles the licensee to the rights for radio play on an unlimited number of radio stations, earn up to $20000.00 (USD) from performances (live slows, concerts), and unlimited non-commercial, non-profit use, and non-profit performance rights. The licensee will receive an untagged, high quality mp3 file in addition to the tracked out .wav file for optimal mixing/mastering for the purchase of a premium lease. If after 50 000 copies are made or $20000.00 (USD) in performances has been made, the licensee wishes to make additional pressings/copies or make profit from further performances, another licence must be negotiated. Until such time, the licensee is not permitted to make further pressings/copies or generate any further income from the beat or rap instrumental.
In an exclusive sale, the licensor hereby grants to the licensee an exclusive license to use the compositions partly or in its entirety and substantially in its original form in the recording, manufacture, and distribution of phonograph records, cassette tapes, compact discs, internet downloads, ring tones, video and any other audio and digital recordings and any lifts and versions thereof (a "Recording") worldwide for an unlimited number of pressings/copies. The licensee will receive an untagged, high quality mp3 file in addition to the tracked out .wav file for optimal mixing/mastering for the purchase of an exclusive beat. It must be understood that possessing an exclusive licence means that from the date of purchase, no further leases of any type will be issued for that composition; however, and leases or premium leases that have been issued by the licensor for the aforementioned composition will still be valid.
Section 4: Accounts
Subsection 1: Artist Accounts
Those who sign up for an artist account will be able to participate in the rating of producers' compositions, the purchase of contracts at the reduced rate of $2.00 (USD) per licence, and will have their transaction history and contracts stored electronically. Artists may also interact with other users using the messaging system.
Subsection 2: Producer Accounts
BeatPal.com offers two different producer accounts. The first is a free account, which enables the user to upload his or her beats and rap instrumentals into a fully automated player which is pastable on any other site. This player enables others to listen to and purchase the user producer's compositions. Also, users with this account will be given their own page which they can use to showcase themselves and their products to other producers and artists. Users with this account are able to upload an unlimited number of mp3s into their BeatPal.com player. Users with free producers' account will be charged a 5% commission on each individual transaction (sale of composition). This 5% is based upon the price of each individual composition. Please note that transactions made through PayPal™ are subject to PayPal™'s administrative fees; please see section 5 for more information.
The premium producer account costs $12.50 (USD) per month and removes the 5% commission on each transaction; however, PayPal™'s administrative fees still apply. Please see section 5 for more information regarding PayPal™ fees. The premium account user will be billed $12.50 (USD) immediately upon his or her acceptance of the terms for the premium account and will continue to be billed this amount every month thereafter. This monthly fee is subject to change by the directors of 1502607 Alberta Ltd.; however, a minimum of 1 month's notice will be given before any changes are made. Please see section 7 for the terms and conditions of cancelling and changing memberships.
Both the holders of free producer accounts and premium producer accounts will receive the payment for their sold compositions on scheduled intervals of once per week. If a sale is concluded before the scheduled payment time but has not been processed yet, the payment will be made to the producer on the next scheduled payment date. If a producer cancels his or her account, they will not receive payment for any outstanding sales. If a producer downgrades from a premium account to a free account, he or she will still receive their payment for the compositions they sold on the next scheduled payment day.
The charges for a premium producer account will be made monthly; however, allowances must be made for the number of days in a month. For example, if the initial billing date for a premium account was January 30th, then the next months billing date would fall on February 28th.
Section 5: PayPal™
BeatPal.com uses the most efficient and cheapest method available to facilitate online transactions, PayPal™'s Website Payments Pro. The use of BeatPal.com constitutes an agreement to adhere to the costs involved with using PayPal™'s Website Payments Pro system which facilitates all of the financial transactions made on BeatPal.com, this includes, but is not limited to, monthly memberships, fees, and purchases. As of 12/02/2009 the fee system, as outlined on https://merchant.paypal.com/cgi-bin/marketingweb?cmd=_render-content&content_ID=merchant/wp_pro is as follows: for each transaction made, PayPal takes a 2.2-2.9% commission and a fee of $0.30 (USD) for each transaction. This PayPal commission and transaction fee will be subtracted from each online transaction.
Section 6: Downloading
When an artist makes a purchase from a BeatPal.com player, the mp3 files and .wav files (premium leases and exclusives only) will be available for immediate download by the purchaser. All transactions are conducted through PayPal using the BeatPal shopping cart.
All beats available for free download from the chart section are for promotional use only. This includes MySpace, YouTube, Soundclick, etc. Any mixtape (non-profit or commercial), album, digital download, radio-play, concerts, or videos require, at minimum, a leasing license. Credit must be given to the producer who created the composition in question.
The optional contracts for each lease and exclusive (available for $2.00 USD for those with artist accounts and $4.00 USD for those without) will be available at the time of purchase. You will be prompted to purchase an official contract for each composition. This official contract describes the rights of the licensee and licensor of the composition as it specifically relates to the composition in question. These rights are described in section 3 of terms and conditions. It is advisable to purchase an official contract as it not only outlines the aforementioned rights of the licensee and licensor, but also acts as a proof of purchase should a dispute occur at some point.
Section 7: Cancelling or Changing User Accounts
Subsection 1: Producer Accounts
As described in terms and conditions section 4 subsection 2, producers have 2 different accounts available to them. Producers who wish to cancel their free account may at any time e-mail accounts@beatpal.com. Beatpal.com administration will cancel the desired account within 2 business days. Producers who wish to cancel their premium accounts must e-mail accounts@beatpal.com. Within two business days, the producer's accounts in question will be terminated; however, no refunds will be given for the remained of the membership fee for the month in question. If the billing date is less than 2 business days from the date on which the user e-mailed accounts@beatpal.com requesting the termination of his or her account, that user will still be billed for the next month. If the billing date is 2 or more business days after the request for termination of account has been e-mailed to accounts@beatpal.com, then the user will not be billed for a further month. Requirements for the cancellation e-mail:
- E-mail must be sent from the e-mail address provided to BeatPal.com in the user's account details profile.
- Heading must say "Cancel Account"
- In order to ensure that it is really you wishing to terminate your contract, your E-mail must include your full name, username, BeatPal.com password, and a written sentence that states your intention to have your account terminated. Please specify which account, for example, please cancel my premium producer's account.'
If you have a premium account and wish to change your account to a free account, please e-mail accounts@beatpal.com and request which change to your account you would like. Within two business days, you will receive a response. The following outlines the different processes that must be observed for the change in account to take place. Here is the process to follow:
- E-mail must be sent from the e-mail address provided to BeatPal.com in the user's account details profile.
- Heading must say "Change Account"
- In the body of the e-mail please clearly state which account you currently have and to which account you would like to downgrade to.
- In order to ensure that it is really you wishing to change your account, your E-mail must include your full name, username, BeatPal.com password, and a written sentence that states your intention to have your account changed.
A response will be received within two business days. The response will contain a copy of these terms and conditions which you must again agree to. To indicate agreement, send an E-mail to accounts@beatpal.com stating you (please provide your full name) agree to the terms and conditions provided to you by BeatPal.com. Downgrading accounts is not accompanied with a refund for the outstanding number of days that remain in your previous premium account. The same regulations that apply to cancelling an account apply to your old account when downgrading to a free account.
If a producer with a free account wishes to upgrade to a premium account, he/she may click on the upgrade account tab located on his/her page. The premium account user will be billed $12.50 (USD) immediately upon his or her acceptance of the terms for the premium account and will continue to be billed this amount every month thereafter. This monthly fee is subject to change by the directors of 1502607 Alberta Ltd.; however, a minimum of 1 months notice will be given before any changes are made. Please note that the PayPal™ fees still apply. Please see section 5 for more information regarding PayPal™ fees.
Section 8: General Account Guidelines
Each member who signs up for an account with BeatPal.com must provide accurate information. The name, e-mail address, and billing information that you provide to us must be accurate. As a member, you are responsible for making sure that the information in your account file is accurate. Changes can be made at any time. A valid e-mail address is required for all account changes, cancelations, and to inform users about changes to the terms and conditions. It is vital that a valid e-mail address is present in your account at all times.
The audio files that you upload must be stereo MP3 files and encoded at least in 128 kbps/44.1khz. The .wav files required for the premium leases as well as exclusives must include each instrument tracked out into its own separate .wav file. A master .wav file must also be included. You must choose the three genres that best suit the nature of your uploads. These options will be provided to you in your customizable producer's page. All information that you submitted (on your customizable page and on your player) should not contain marketing language that promotes non-relevant entities, and should not include any links to images, external sites, email addresses, phone numbers, or nay information which provides a method of circumventing the purpose of this website which, for producers, is a marketplace for selling beats and rap instrumentals using the BeatPal.com player.
As a producer, you may not sell any beat or rap instrumental to which you do not possess the legal right. If we determine that another individual holds the legal copyright or is the trademark holder (or his or her official agent) of any submissions made by you, the administration of 1506207 Alberta Ltd. will immediately suspend your account without notification and no revenue generated from stolen accounts with stolen material will be given. If you do not hold the copyright and or the trademark for the compositions that you intend on uploading into the BeatPal.com player, but do posses the express documented permission from the trademark or copyright holder, please submit the written evidence of your permission with your product to support@beatpal.com and we will review your evidence and evaluate it accordingly. It could take up to 5 business days for us to respond to you regarding this matter.
As a producer, you must sell untagged mp3 files to those who make a purchase from you. Failure to do so will result in the producer not being payed for their sale. Failure to abide by this rule can result in the deletion of your account.
Business days
Please note: business hours are Monday to Friday, 9 AM to 5 PM Eastern Standard Time (except on U.S. statutory holidays).
Section 9: Security
BeatPal.com and 1502607 Alberta LTD. is not responsible for the security of your accounts or the implications that could result from someone gaining access to your BeatPal.com account. Please do not give out your account information to anyone. If you know or suspect that someone has gained access to your account, please immediately change your password. BeatPal.com will not distribute your E-mail address or your personal information to any other businesses or websites. If you have any concerns, please e-mail support@beatpal.com.
Section 10: Rules of Behaviour
Please respect others in terms of language and content that you post on your page, in your player, or in any of the social forums. By agreeing to these terms and conditions, you agree that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violate any laws of the United States or Canada. Failure to abide by these conditions could result in the freezing or termination of your account.
