I Like That Beat TERMS AND CONDITIONS
Effective August 1st,
This document (the "Agreement") is a legal contract between you and I Like That
Beat, LLC ("I Like That Beat" or “we” or “us”) that governs your use of I Like That
Beat's websites, www.ilikethatbeat.com, likethatbeat.com, likethisbeat.com or partnered
websites (collectively, the "Service").
Please note that if you use any I Like That Beat-branded mobile services, your terms
and conditions of use will be as set forth on the particular service provided by
your carrier and not here.
MODIFICATIONS, NOTICE
I Like That Beat may from time to time modify these terms and post a copy of the
amended Agreement at http://www.ILikeThatBeat.com/terms.html. If you do not agree
to (or cannot comply with) the Agreement as amended, your only remedy is to stop
using the Service or, if applicable, cancel your Subscription Service. You will
be deemed to have accepted the Agreement as amended if you continue to use the Service
after any amendments are posted.
AGE REQUIREMENT
You must be at least 18 years of age to agree to and enter into this Agreement on
your own behalf and to register for use of the Service. If you are under 18 but
at least 13 years of age, you must present this Agreement to your parent or legal
guardian, and he or she must enter into this Agreement on your behalf. Children
under the age of 13 may not register for this Service, and parents or legal guardians
may not register on their behalf. By using the websites, www.ilikethatbeat.com,
www.likethatbeat.com, www.likethisbeat.com, you represent that (i) you have read,
understood and agree to be bound by this Agreement and (ii) you are at least 18
years old, either entering into this Agreement for yourself or entering on behalf
of your child or a child in your legal care. If you are a parent or guardian entering
this Agreement for the benefit of your child, please be aware that you are fully
responsible for his or her use of the Service, including all financial charges and
legal liability that he or she may incur.
DESCRIPTION OF SERVICE
The Service allows you to listen to Samples and Streams (as defined below) and obtain
downloads of sound recordings ("Tracks") and related digital content ("Materials").
To access certain elements of the Service, you may need to install or activate I
Like That Beat's proprietary software application; from time to time, you may also
have the option to (or be required to for certain functionality) install other software
made available through the Service, including I Like That Beat’s download manager
software (collectively, all such software is called the "Client"). You may also
need to install certain third-party software. You are responsible for any hardware,
systems and/or software program(s) you use and any associated fees and expenses
(a) to connect to or use the Internet, and/or (b) other than the Client, to use
any Materials. The Service, the Tracks and/or the Materials are only for your personal,
non-commercial use and are non-transferable (except as otherwise expressly authorized
by I Like That Beat). By using the Service, you acknowledge and agree that you have
no right to provide any files obtained through the Service to any other party or
through any other means. Because the Service is designed for personal sampling and
use, you are not allowed to use any automated system for the selection, Streaming
or downloading of files. Artists, record labels and other rights holders may not
purposefully “game” or manipulate use of the Service in order to artificially increase
the usage of content that they control.
REGISTRATION
To use the Service, you will generally be required to register and provide certain
information, including a member (user) name, a password and a valid email address
("Registration Data"). You may also be required to provide billing and/or additional
information. You agree to provide accurate Registration Data and to update your
Registration Data as necessary to keep it accurate. You agree that you will not
allow others to use your member name, password and/or account and you are solely
responsible for maintaining the confidentiality and security of your account. You
agree to notify I Like That Beat immediately of any unauthorized use of your password
and/or account. I Like That Beat shall not be responsible for any losses arising
out of the unauthorized use of your member name, password and/or account and you
agree to indemnify and hold harmless I Like That Beat, its partners, parents, subsidiaries,
agents, affiliates and/or licensors, as applicable, for any improper, unauthorized
or illegal uses of the same.
USE OF SERVICE, SOFTWARE, TRACKS AND MATERIALS
Software. The Client, and all other
software made available by I Like That Beat on or through the Service, are protected
by intellectual property laws and your use of them is governed by this Agreement
as well as any applicable end-user license agreements.
Tracks and Materials. The Tracks
and Materials are owned by I Like That Beat, its members, its business partners,
affiliates and/or licensors, as applicable, and are protected by copyright and other
intellectual property laws. You agree not to use the Tracks and Materials in a way
that would violate any laws and/or infringe the copyright(s) therein. You further
agree that the content rights holders that license their musical or other content
to I Like That Beat for use in the Service are intended third-party beneficiaries
under this Agreement with the right to enforce the provisions that directly concern
their content. You understand that your use of the Tracks and Materials is subject
to the Usage Rules discussed below. You may not authorize, encourage or allow any
Tracks or Materials used or obtained by you to be reproduced, modified, displayed,
publicly performed or displayed, broadcast, transferred, distributed or otherwise
used by anyone else. You agree to advise I Like That Beat promptly of any such unauthorized
use(s).
Usage Rules. Your access to and/or
use of any Track(s) may be limited by the rules assigned to the Track(s) by I Like
That Beat ("Usage Rules") and described in this section. You may not attempt (or
support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise
alter or interfere with any Usage Rules or Tracks. I Like That Beat reserves the
rights to modify the Usage Rules at any time.
A "Sample" is a portion of a Track or, in some cases, an entire Track or promotional
music video that you can play (and, if applicable, view) via the Service on a promotional
basis at no cost to you. You may play as many Samples as you like. You may not attempt
(or support others' attempts) to capture, copy, download or transfer a Sample.
A "Permanent Download" is a Track download that you have purchased for permanent
ownership You may purchase Tracks for Permanent Download via the download sales
store.
MP3Permanent Downloads. MP3 Permanent
Downloads are sold in the MP3 format, at the bit rate in which they were recorded.
I Like That Beat will not assign limits to the number of times MP3 Permanent Downloads
purchased via I Like That Beat can be copied, transferred or burned (though your
own use will depend upon your own hardware and software limitations and you must
abide by these terms and conditions and all applicable laws). I Like That Beat and/or
its content licensors may include digital watermarks (embedded bits of information
in addition to the sound file) in your MP3 Permanent Downloads that add sales information
to each digital file such as (but not limited to) the fact that the file was purchased
from I Like That Beat, the date and time of purchase, or information about the song
(title, artist, etc.). I Like That Beat will not include any information personally
connected to you in any such digital watermark or otherwise. You are only entitled
to one copy of any purchased MP3 Permanent Download (see “All Sales Final” below”).
To transfer your MP3 Permanent Downloads to any compatible devices, follow the instructions
provided by I Like That Beat in the applicable part of the “Help” section of our
website. For transfer to an iPod® or iPhone®, you must use your Apple-provided iTunes®
software to locate the files and effect the transfer. I Like That Beat does not
guarantee that any MP3 Permanent Downloads will be supported by any compatible software
or player, including iTunes® or the iPod® or iPhone®.
All Transactions Final; Downloading and Risk
of Loss. All consumer transactions for Permanent Downloads, Materials
and other digital services via the Service are final and we do not any accept any
returns. Once you have received any Permanent Download or Material we encourage
you to download it promptly and to make back-up copies of it. In all cases, you
bear all risk of loss for any products that you have downloaded, including any loss
due to a computer or hard drive crash. Technical problems might delay or prevent
delivery of purchased products to you. Your sole remedy with respect to Permanent
Downloads and any Materials that are not successfully delivered will be either replacement
or refund of the price paid for such content, at I Like That Beat's discretion.
If you are unable to complete a download after having reviewed our online help resources,
please contact I Like That Beat’s customer service.
No Further Transfer. Once you have transferred a Permanent Download to a
compatible portable device or burned it to a CD, you agree not to copy, distribute,
or transfer it from that device or CD to any other media or device. You may be required
to register your portable devices with I Like That Beat . The burning or transfer
capabilities provided for herein shall not operate to waive or limit any rights
of the copyright owners in Tracks or Materials or any works embodied in them.
All rights not expressly granted to you in this Agreement are reserved to I
Like That Beat and/or its licensors.
Loss of Rights by I Like That Beat .
I Like That Beat may at any time lose the right to make certain Tracks and/or Materials
available entirely or for certain uses permitted as part of your tier of Service.
In such event, you will no longer be able to obtain these Tracks at all or for the
particular tier of Service that we lose the rights for.
Customer Support. Please direct
any questions concerning the Client, the Service, billing and/or Usage Rules to
a I Like That Beat customer service representative by emailing support@ILikeThatBeat.com.
Monitoring Public Areas. The Service
may have features that allow you to exchange messages with other members (via "Public
Areas"). I Like That Beat may, but is not obliged to, restrict your use of any Public
Areas, monitor any activity or edit or remove content in Public Areas, or restrict
access by other members to your messages. I Like That Beat takes no responsibility
and assumes no liability for any content, materials, messages and the like that
you or any other member posts to or views in a Public Area. You agree to indemnify
and hold harmless I Like That Beat , its partners, parents, subsidiaries, agents,
affiliates and/or licensors, as applicable, from and against all claims resulting
from content, messages, materials and the like that you post to any Public Area.
Restrictions. You may not use the
Service, including any Public Areas, to transmit, display, perform or otherwise
make available any messages, content or materials (i) that are illegal, obscene,
threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that
constitute political campaigning or commercial solicitation or that contain software
viruses or other computer code designed to interfere with the functionality of any
computer systems; or (iii) that infringe third-party rights or harm minors in any
way. You may not interfere with or disrupt the Service or any networks connected
to or by the Service. In addition, you may not use a false email address or otherwise
mislead other members as to your identity or to the origin of a message or content.
By posting messages, inputting data, or engaging in any other form of communication
through the Service, you agree that I Like That Beat may copy, sublicense, adapt,
transmit, publicly perform or display any such content to provide and/or promote
the Service and/or to respond to any legal requirement, claim or threat. If I Like
That Beat 's use of such content exploits any proprietary rights you may have in
such material, you agree that I Like That Beat has an unrestricted, royalty-free,
non-exclusive and perpetual worldwide right do so. You agree that any loss or damage
of any kind that occurs as a result of the use of any messages, content or material
that you upload, post, transmit, display or otherwise make available through your
use of the Service is solely your responsibility.
CHARGES / BILLING
Agreement to Pay. You agree to pay
for all Tracks and Materials and any other items or services that you may purchase
through the Service and I Like That Beat may charge your billing payment method
for any such payment(s). I Like That Beat may, in its discretion, post charges to
your billing payment method individually or may aggregate your charges with other
purchases you make on the Service. You are responsible for keeping your account
secure and confidential and you will be responsible for any charges that are incurred
by any person through your account. All charges will be billed to the billing payment
method you designate when you first make a purchase or incur a charge. If any of
your billing information changes, you must update that information in the "Payment
Information" section of the "My Account" area. If your credit card company or Paypal
(or their intermediary service providers) updates your billing information for you
by providing revised billing information to us for your existing account, we will
use that information to continue to bill your existing account (for example, if
you lost your credit card but maintained your Visa or MasterCard account with a
new account number, Visa or MasterCard may automatically send us your new account
number.)
Right to Change Prices. All prices
for products within the Service are subject to change by I Like That Beat at any
time.
Taxes. Prices quoted are generally
inclusive of any applicable taxes, including sales taxes. I Like That Beat reserves
the right to change this policy at any time.
Electronic Contracts. You agree
that any submissions you make for electronic purchases constitute your intent and
agreement to be bound by the terms of and to pay for such purchases. To the extent
that such electronic purchases are offered to you by a third party, you acknowledge
that I Like That Beat shall not be responsible or liable to you for the products
or services purchased.
EXPLICIT CONTENT
Certain albums may be subject to the Recording Industry Association of America ("RIAA")
"Parental Advisory Label" (as defined at http://www.riaa.com/issues/parents/advisory.asp). The RIAA assigns the Parental
Advisory Label to an entire album and not the individual songs on the album. All
Tracks from such labeled albums may be labeled as "explicit" within the Service
("Explicit Tracks"). If any of your searches on the Service return Explicit Tracks,
they may be identified as such in the search results area. After you have set up
your Service account, you may elect to filter out Explicit Tracks from your search
and browse results within the Service. You may change that election at any time.
Note that Tracks that were recorded prior to 1985 are not subject to the RIAA Parental
Advisory Label. I Like That Beat shall have no liability or responsibility to you
for any content or materials, including Explicit Tracks, that may be available in
connection with the Service that you might find to be offensive, indecent or objectionable.
YOUR USE OF I LIKE THAT BEAT WEBSITES, WWW.ILIKETHATBEAT.COM, WWW.LIKETHATBEAT.COM,
WWW.LIKETHISBEAT.COM AND WEB-BASED ELEMENTS OF THE SERVICE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of any I Like That Beat websites,
www.ilikethatbeat.com, www.likethatbeat.com, www.likethisbeat.coms, the Service
or any Tracks or Materials or in any way reproduce or circumvent the navigational
structure or presentation of the Service to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Service. I Like That Beat reserves the right to bar any such activity, including
via software and other electronic means.
You may not attempt to gain unauthorized access to any portion or feature of the
Service, or any other systems or networks connected to the Service or to any I Like
That Beat server, or to any of the services offered on or through any I Like That
Beat websites, www.ilikethatbeat.com, www.likethatbeat.com, www.likethisbeat.coms,
by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of I Like That Beat websites,
www.ilikethatbeat.com, www.likethatbeat.com, www.likethisbeat.com and/or the Service
or any connected network, nor breach any of I Like That Beat’s security or authentication
measures. You may not reverse look-up, trace or seek to trace any information on
any other user of or visitor to any I Like That Beat websites, www.ilikethatbeat.com,
www.likethatbeat.com, www.likethisbeat.com or the Services, or exploit the Service
or any service or information made available or offered by or through the Site,
in any way where the purpose is to reveal any third party information. You agree
that you will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of I Like That Beat’s websites, www.ilikethatbeat.com,
www.likethatbeat.com, www.likethisbeat.coms, Service or other systems. You agree
not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Service.
INTERNATIONAL CONSIDERATIONS
Due to requirements from our content licensors, the Service is only available to
residents of the United States . You understand and agree that you may not sign
up for, access, or attempt to access or use the Service from countries outside of
the U.S.
PRIVACY
For additional information regarding I Like That Beat 's use of information collected
in connection with the Service, please refer to I Like That Beat 's Privacy Policy,
a copy of which is available at http://www.iLikeThatBeat.com/privacypolicy.aspx and which is expressly made
part of this Agreement.
COPYRIGHT INFORMATION
General. As noted above, the Service,
the Tracks, and the Materials contain and/or comprise copyrighted or other proprietary
subject matter, and your use of them is governed by this Agreement, certain end-user
license agreements, and applicable law.
Notices. I Like That Beat respects
the intellectual property rights of others, and it expects you to do the same. If
you know of or suspect that any use of the Service, Tracks, Materials and/or the
Client constitutes copyright infringement, please send a notice to I Like That Beat
Notice Form.
PATENT AND TRADEMARK
All trademarks, service marks, trade names, slogans, logos, and other indicia of
origin that appear on or in connection with the Service are the property of I Like
That Beat
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If I Like That Beat receives a notice alleging that you have engaged in behavior
that infringes I Like That Beat 's or other's intellectual property rights or reasonably
suspects the same, I Like That Beat may suspend or terminate your account without
notice to you.
PROMOTIONS AND ADVERTISING
I Like That Beat and/or its business partners may present advertisements or promotional
materials on or through the Service and on I Like That Beat Websites, www.ilikethatbeat.com,
www.likethatbeat.com, www.likethisbeat.com. Your participation in any promotional
event is subject to the terms and conditions associated with that event. Your dealings
with, or participation in promotions of, any third-party advertisers on or through
the Service or any I Like That Beat websites, www.ilikethatbeat.com, www.likethatbeat.com,
www.likethisbeat.com are solely between you and such third-party.
LINKS TO THIRD-PARTY SITES
The Service and any I Like That Beat websites, www.ilikethatbeat.com, www.likethatbeat.com,
www.likethisbeat.com may present links to third-party websites not owned or operated
by I Like That Beat . I Like That Beat is not responsible for the availability of
these sites or their contents.
REMEDIES
You agree that any unauthorized use of I Like That Beat websites, www.ilikethatbeat.com,
www.likethatbeat.com, www.likethisbeat.com, the Service, the Tracks, the Materials,
or any related software or materials would result in irreparable injury to I Like
That Beat and/or its affiliates or licensors for which money damages would be inadequate,
and in such event I Like That Beat , its affiliates and/or licensors, as applicable,
shall have the right, in addition to other remedies available at law and in equity,
to immediate injunctive relief against you. Nothing contained in this Agreement
shall be construed to limit remedies available pursuant to statutory or other claims
that I Like That Beat
INDEMNITY
You agree to indemnify and hold harmless I Like That Beat and its agents, employees,
representatives, licensors, affiliates, parents and subsidiaries from and against
any and all claims, losses, demands, causes of action and judgments (including attorneys'
fees and court costs) arising from or concerning your breach of this Agreement and
your use of I Like That Beat websites, www.ilikethatbeat.com, www.likethatbeat.com,
www.likethisbeat.com, the Service, the Tracks, or the Materials and to reimburse
them on demand for any losses, costs or expenses they incur as a result thereof.
TERMINATION
I Like That Beat may in its sole discretion terminate this Agreement or suspend
your account at any time without notice to you in the event that you breach (or
I Like That Beat reasonably suspects that you have breached) any provision of this
Agreement. If I Like That Beat terminates this Agreement, or suspends your account
for any of the reasons set forth in this paragraph, it shall have no liability or
responsibility to you,
You understand and agree that your cancellation of your account
and Service membership is your sole right and remedy with respect to any dispute
with I Like That Beat .
DISCLAIMERS
You understand and agree that your use of I Like That Beat websites, www.ilikethatbeat.com,
www.likethatbeat.com, www.likethisbeat.com, the Service, Tracks, and the Materials
is at your own sole risk. THE I LIKE THAT BEAT WEBSITES, WWW.ILIKETHATBEAT.COM,
WWW.LIKETHATBEAT.COM, WWW.LIKETHISBEAT.COM, SERVICE, TRACKS, AND MATERIALS(THE "PRODUCTS")
ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY I LIKE THAT BEAT OR ITS AGENTS, EMPLOYEES,
PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS
(THE "I LIKE THAT BEAT ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED
BY APPLICABLE LAW, THE I LIKE THAT BEAT ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE I
LIKE THAT BEAT ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY,
RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY I LIKE THAT
BEAT ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING
ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING,
BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES
YOU USE TO ACCESS THE SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY
PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE I LIKE
THAT BEAT ENTITIES. I LIKE THAT BEAT MAKES NO WARRANTY THAT ANY PARTICULAR CD BURNER
OR PORTABLE DEVICE WILL BE COMPATIBLE WITH ANY DOWNLOAD FILE OR THAT ANY CD BURNED
WILL FUNCTION IN ALL CD PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR
SYSTEM(S) WILL FUNCTION CORRECTLY. UNDER NO CIRCUMSTANCES SHALL ANY I LIKE THAT
BEAT ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY I LIKE THAT BEAT WEBSITES,
WWW.ILIKETHATBEAT.COM, WWW.LIKETHATBEAT.COM, WWW.LIKETHISBEAT.COM, THE SERVICE,
TRACKS, MATERIALS AND/OR THE CLIENT. UNDER NO CIRCUMSTANCES SHALL ANY I LIKE THAT
BEAT ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE
PRODUCTS, EVEN IF THE I LIKE THAT BEAT ENTITY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER
OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE
LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE
I LIKE THAT BEAT ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS
ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN
SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED
US$10.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your
entire agreement with I Like That Beat with respect to your use of the Service.
If any part of this Agreement is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions shall
remain in full force and effect. The laws of the State of New York , excluding its
conflicts of law rules, govern this Agreement and your use of the Service, the Tracks,
the Materials and the Client. You expressly agree that the courts in the State of
New York, New York County, have exclusive jurisdiction over any claim or dispute
with I Like That Beat or relating in any way to your account or your use of any
I Like That Beat websites, www.ilikethatbeat.com, www.likethatbeat.com, www.likethisbeat.com,
the Service, the Tracks, the Materials and the Client. You further agree and expressly
consent to personal jurisdiction over you in the federal and state courts in New
York County in connection with any such dispute including any claim involving I
Like That Beat
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I Like That Beat, LLC