TERMS AND CONDITIONS
The Website Beatsta and/or any mobile application which facilitates access to this Website is owned and operated by Beatsta Ltd, a Company registered in England with Company number and a registered office at 20-22 Wenlock Road, London, N1 7GU (together, "the Website", “we”, “us” or “our”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE CONTAINING OUR PRODUCTS AND SERVICES. BY VIEWING, ACCESSING, STREAMING, UPLOADING OR DOWNLOADING ANY INFORMATION OR CONTENT TO OR FROM THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE ADVICED NOT TO CONTINUE USING THIS WEBSITE ANY LONGER.
Beatsta is an online music streaming and hosting platform where users can upload, share and discover new music. All uploaded user content including embedded music and videos from other third party platforms (together, the Content) may be shared, distributed, transmitted, exchanged or otherwise made accessible to all registered users across the world via the various unique features of the Website. However, please note that Beatsta does not have any control over the accessibility, storage, or ownership of embedded music and videos from third party platforms and consequently, will not take any accountability for the same. Please refer to the terms and conditions of the concerned third party platforms to know more.
REGISTRATION OF USER ACCOUNT
In order to successfully use our Website, you must accurately complete and submit all registration details, and confirm that you are at least 18 years of age. If you are between the ages of 13-18, please ensure you have appropriate parental consent and your parents understand and agree with these Terms and Conditions before you create a user account in this Website. To proceed with the registration, you will be asked to submit your personal details including your full name and email id, and then asked to choose a user ID and password, which must be kept confidential at all times. You can also log-in to your account using your social media ID and password (Facebook and Google).
You must not use any other person's account to access the Website. You must not allow any other person to use your account to access the Website. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You must be over the age of 18 years or have the consent of a parent or a guardian in order to upgrade your Beatsta user profile and use the premium paid service section of the Website. We accept online payment in a secure environment by via debit card, credit card, Paypal or bank transfer. All payments are processed on our behalf by external merchant service providers. We do not store any payment details and under no circumstances accept any liability for any error in any third party payment gateway. In order for a successful processing of your payment, you must provide us with a current, valid, accepted method of payment and ensure that complete and instant payment can be made for the purchase by the said method of payment. Final payable price of your purchase will be inclusive of any sales tax, calculated based on your location and the applicable local laws. We do not charge taxes in countries where digital goods are non-taxable.
All successful transactions shall be followed up by an online receipt via email to the email address provided by you during registration. In case you have any question about the pricing or method of payment, feel free to reach out to our customer support before you make the payment. We accept no liability for any error in any third party payment gateway. We reserve the right to change membership fees, service fees, processing fees or any other fee at any time, at our sole discretion and upon reasonable notice posted in advance on the website.
If you have paid for a subscription service, please note that the subscription will renew automatically, and you hereby authorise us to collect any applicable and/or overdue subscription fee(s) utilising any available payment options we have on file for you. If you want to cancel the automatic renewal of your subscription and discontinue the use of our Website, you must log in to your account and cancel your subscription manually.
Please note Beatsta does not guarantee permanent and continued access to any music Content, especially in cases of receipt of claimed infringement by a third party copyright owner. Consequently, it is not possible for us to issue any refund in such cases where we are compelled to deny you further access to any previously purchased music Content, except as required by law.
ACCEPTABLE USE OF WEBSITE
In order to maximize your user experience in using the Website, and avoid, eliminate or minimize disruptive activities, we ask you to maintain the following:
- ensure that the information furnished by you in the registration form is accurate, true, current and complete, and maintain and update such information from time to time;
- do not use the Website in any way or take any action that may undermine, disrupt, damage or manipulate the working functionality, performance, availability or accessibility of the Website;
- do not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Website, or any updates or any part thereof;
- do not upload, distribute or otherwise publish through the Website any Content that is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or violate the rights of any party or that would otherwise give rise to liability or violate any law;
- do not use the Website in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose;
- do not violate, plagiarize, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights;
- do not use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
GRANT OF LICENSE
Beatsta does not claim any ownership rights in the Content available in the Website, and you hereby expressly acknowledge and agree that all uploaded Content remains your sole responsibility. In other words, you agree that this Website is only acting as a hosting service and passive conduit for online distribution and publication of your Content. Beatsta, however, reserves the right to remove any Content from the Website at any time and at its sole discretion.
Furthermore, by accepting these Terms and Conditions, you hereby grant Beatsta and all its affiliated partners, channels and applications a worldwide, non-exclusive, royalty-free, limited right and license to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, transmit, synchronize, stream, distribute, compile, playback, make available and otherwise communicate to the public, your uploaded and shared Content using technologies and methodologies now known or hereafter devised in, by or through this Website.
Please note that you are free to delete your Content at any time at your own discretion, and that will consequently terminate all usage rights associated with such Content that was previously available to the other users through the Website. However, if you have authorised the offline listening of any Content, such Content may still be temporarily available to others post your act of deletion, but under no circumstances past 30 days from the date and time thereof.
Notwithstanding the foregoing, nothing in these Terms and Conditions may grant any rights to any other user with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of your Content, other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Content, automatically and without alteration, as part of sharing the related musical Content therein.
Beatsta does not review, endorse, recommend, verify, evaluate, warrant or guarantee the quality, authenticity, claims or background of any information regarding any music uploaded in the Website. In spite of our best efforts, some of the information may contain technical inaccuracies and/or other inadvertent typographical errors. Nothing contained in these Terms and Conditions or on the Website shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to the availability, completeness, accuracy, safety, or quality of any user uploaded Content and all liability, howsoever arising, for any such inaccuracies or errors, is hereby expressly excluded to the fullest extent permitted by law.
THIRD PARTY LINKS AND ADVERTISEMENTS
We may occasionally provide external links and advertisements submitted by or directed towards third party websites and services. Unless expressly stated otherwise, such advertisements do not signify that Beatsta endorses and/or is associated with such third party websites and services in any manner including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. We accept no responsibility for third party advertisements contained within the Website. If you agree to purchase goods and/or services from any third party who advertises in this Website, you do so at your own risk and these Terms and Conditions remains no longer applicable.
SUSPENSION OF SERVICE
Beatsta reserves the right to suspend or cease providing any services relating to the Website, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
LIMITATION OF LIABILITY
By using the Beatsta Website, you hereby acknowledge and agree that such usage is at your sole risk and responsibility. To the maximum extent permitted by applicable law, Beatsta is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, all warranties of QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, CONDITIONS OF MERCHANTABILITY, fitness for a particular purpose, title or non-infringement. Beatsta does not warrant that the services offered in the Website will be technically accurate or meet your specific requirements, that the Website will be uninterrupted or error-free, that the Website will be free from viruses or similar harmful matter or that any defects in the Website will be immediately corrected. No oral or written communication offered by Beatsta will create any warranty for this purpose.
Under no circumstances will Beatsta any of its directors, shareholders, employees, sub-contractors and agents be liable for any incidental, consequential, or indirect damages including, but not limited to, business interruption, damages for loss of profit, loss of data, loss of goodwill and the like arising out of the use or inability of use of the service/ information provided on or downloaded from the Website, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms and Conditions that is caused by events outside our reasonable control (force majeure events). Notwithstanding the above, nothing under these Terms and Conditions will limit or exclude any liabilities that may not be excluded under applicable law.
You agree to indemnify, defend and hold harmless Beatsta , its officers, directors, employees, agents, licensors, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with (a) your use of or inability to use the Website (b) your violation of any provision of these Terms or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Beatsta reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Beatsta in asserting any available defenses.
Apart from the uploaded user Content, which is user owned/licensed and remains as the exclusive property of their respective copyright holders, all other information displayed in the Website including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is duly licensed by Beatsta and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. By agreeing to these Terms and Conditions you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from the Website, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so.
The communications between you and Beatsta use electronic means. For contractual purposes, you (a) consent to receive communications from Beatsta in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Beatsta provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. With your informed consent (opt-in), such electronic communication may also include periodic emails and/or other messages for our internal marketing and promotional purposes. We take all reasonable measures to ensure that our marketing communications are compliant with the applicable laws including GDPR.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. All disputes as to the validity, execution, performance, interpretation or termination of this Agreement will be submitted to the exclusive jurisdiction of Courts in London. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such invalidity will not affect the enforceability of any other part or provision of this Agreement.
Beatsta reserves the right, at their sole discretion, to modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the same on the Website. You agree to review this document periodically to be aware of such modifications and your continued access or use of the Website shall be deemed as a conclusive acceptance of such modified Terms and Conditions.
If you have any further questions, comments or requests regarding these Terms and Conditions, please email us at _________________.
This T&C document was last updated in May 2020.
COPYRIGHT INFRINGEMENT CLAIM NOTICE
If you believe there has been any unauthorised uploading or sharing of your musical work in our Website amounting to copyright infringement, please feel free to notify Beatsta at your earliest opportunity in accordance with the procedure set forth below. We value the intellectual property rights of all copyright holders and will process and investigate notices of alleged infringement and promise to take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement.
For us to process your complaint as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), a notification of the claimed copyright infringement should be emailed to Beatsta ’s Copyright Agent at: firstname.lastname@example.org with the subject line “DMCA Takedown Request” and containing the following information:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a detailed description of where the material that you claim is infringing is located on the Website, so as to assist us with prompt identification;
- your postal address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that we have removed any of your Content from our Website that was not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the material in or through your user account, you may send a written counter-notice containing the following information to the Copyright Agent:
- identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- your physical or electronic signature;
- a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- your name, postal address, telephone number, and email address, a statement that you consent to the jurisdiction of the court(s) in London and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, Beatsta will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored in due time at our sole discretion.
In accordance with the DMCA and other applicable laws, Beatsta has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. Beatsta may also at its sole discretion limit access to its services and/or terminate the accounts of any user who infringe any intellectual property rights of others, whether or not there is any repeat infringement.