User Agreement
1. General Provisions
1.1. The Owner, who operates the internet resource beatprod (hereinafter referred to as the "Owner"), offers an individual who is at least 18 years old and uses the Internet (hereinafter referred to as the "User") access to the functionality of the Site under the terms set forth in this User Agreement (hereinafter referred to as the "Agreement"). The Agreement becomes effective once the User accepts its terms as described in Clause 1.4 of this Agreement.
1.2. The Owner provides Users with the ability to use the Site, including searching, creating, sharing, listening to, and purchasing musical content, as well as managing personal settings and interacting with other Users. All existing and future services of the Site, including updates or new features, are governed by this Agreement.
1.3. The use of the Site is governed by this Agreement and the following documents, which are an integral part of it:
- "Beatprod User Agreement" available at https://beatprod.com/user-agreement;
- "Beatprod Privacy Policy" available at https://beatprod.com/privacy-policy/;
- "Beatprod Content Licensing Terms" available at https://beatprod.com/license-agreement/.
The Owner may amend the Agreement without prior notice to Users. The new version of the Agreement takes effect upon its publication at https://beatprod.com/user-agreement/, unless otherwise specified in the new version. The current version of the Agreement is always available at the specified address.
1.4. A User who starts using the Site, its specific features, or completes registration is deemed to have fully accepted the terms of the Agreement without reservations or exceptions. If the User does not agree with any provisions of the Agreement, they do not have the right to use the Site. If the Owner makes changes to the Agreement as provided in Clause 1.3, and the User disagrees with them, they must immediately stop using the Site.
2. User Registration and Authorization on the Site
2.1. To access certain features of beatprod, including but not limited to uploading, selling, or purchasing music content, the User must complete the registration process, resulting in the creation of a unique account.
2.2. A User who meets the requirements may register an account independently and use the Site's functionality within the limits of their legal capacity established by applicable law. If the User is under 18 years old or does not have full legal capacity, use of the Site is permitted only with the consent of parents or other legal representatives if required by law.
2.3. Certain Site features or services may include additional age or other restrictions, which will be specified in the relevant legal documents, in the Site interface, or in feature descriptions.
3. General Provisions on Use and Storage
3.1. The Owner of beatprod has the right to establish limits on the use of the Site's functionality for all Users or specific categories of Users (e.g., depending on their location, interface language, or other factors). Such limits may include: availability of certain features, storage durations for music content or messages, maximum number of files uploaded or sent, disk space limits, number of requests to the Site within a certain period, parameters of uploaded content, and others. The Owner may block automated requests to the Site and prohibit uploading automatically generated content, including spam. To protect Users' devices and the Site's servers, the Owner may limit receipt or delivery of messages containing malicious programs or code if such elements are detected by automatic filtering or antivirus tools. The User acknowledges that the Owner has the right to analyze such malicious programs or code to improve the Site's security and filtering systems.
3.2. The Owner may send Users informational messages related to their use of the Site. The Owner may also send advertising messages with the User's consent in accordance with applicable law or if the User has not opted out of such messages during registration or later via account settings.
The User agrees that the Owner may inform other Site Users of their public actions, such as uploading new music content, interacting with other Users' content (e.g., purchases or comments), or other activity on the Site.
3.3. To improve the quality of the Site, the Owner or third parties engaged by the Owner may conduct surveys to collect opinions and feedback from Users. These surveys may be conducted via messages displayed when visiting the Site or by contacting the User using the account contact details (e.g., email or phone calls). Collected data may be used to generate statistics, which can be applied to the Site. Feedback provided by the User during surveys may be published on the Site or in services related to the Owner, with or without attribution of the User's name (username). When providing feedback, the User must comply with the terms of this Agreement, including the provisions in Section 5.
4. User Content
4.1. The User is fully responsible for ensuring that the music content or other material they upload complies with applicable law. This includes liability to third parties if the content violates their rights or legal interests, including copyrights, intellectual property rights, or other intangible rights.
4.2. The User guarantees that the content posted by the User does not violate the rights and legitimate interests of third parties. In case of any claims from third parties related to such content, all obligations and liability shall be borne by the User.
4.3. The owner of the Site has the right, but is not obliged, without explanation of reasons and notification of the User, to remove or block any content, if it considers it necessary for protection of its interests or in case of violation of conditions of the present Agreement or legislation.
4.4. The User understands and agrees that the Owner of beatprod is not obligated to review content uploaded or distributed by the User through the Site. The Owner has the right, but not the obligation, at their discretion to refuse to host or distribute content, as well as to remove any content available on the Site. The User independently assesses all risks associated with using content, including its reliability, quality, and legality.
4.5. The User acknowledges that the technical operation of the Site may involve copying or processing the User's content to meet platform requirements, such as optimizing the storage or playback of music files.
4.6. When considering complaints related to User content, the Owner will act in accordance with the laws of the United States, unless otherwise specified by the Site's usage rules.
5. Terms of Use of the Site
5.1. The User is fully responsible to third parties for their actions related to the use of beatprod, including cases where such actions violate third-party rights or legal interests. The User must comply with applicable law when using the Site's functionality.
5.2. While using the Site, the User must not:
- 5.2.1. Upload, publish, transmit, or otherwise distribute content that is illegal, harmful, defamatory, violates commonly accepted moral standards, promotes violence, cruelty, hatred, or discrimination based on race, nationality, gender, religion, or social status, contains insults against individuals or organizations, elements of pornography, advertising of sexual services, instructions on manufacturing or using narcotics, explosives, or weapons, or infringes intellectual property rights.
- 5.2.2. Violate the rights of third parties, including minors, or harm them in any way.
- 5.2.3. Impersonate another person, a representative of an organization or community without authorization, including employees of the Site Owner, moderators, or platform owners, or mislead other Users or the Owner about content characteristics, subjects, or objects.
- 5.2.4. Upload or distribute content to which the User does not have rights under the law or contractual agreements.
- 5.2.5. Post unauthorized advertising, spam, lists of others' contact information, content related to activities of foreign agents or extremist organizations, pyramid schemes, multi-level marketing systems, online income schemes, "chain letters," or use the Site solely to redirect users to external resources.
- 5.2.6. Upload or distribute materials containing viruses, malware, codes or files designed to disrupt computer or telecom equipment, gain unauthorized access, or post serial numbers, key generators, logins, passwords, or links to such resources.
- 5.2.7. Collect, store, or process other people's personal data without authorization.
- 5.2.8. Disrupt the normal operation of the Site, including interfering with its technical processes or systems.
- 5.2.9. Facilitate actions aimed at violating restrictions and prohibitions established by this Agreement.
- 5.2.10. Copy, reproduce, sell, or use for commercial purposes any parts of the Site, including content available through it, without the explicit permission of the Owner, unless allowed by the Site's usage rules.
- 5.2.11. Violate applicable law, including international law, in any other way.
6. Exclusive Rights to Website Content and Materials
6.1. All elements available on the beatprod Website, including but not limited to design, texts, graphics, illustrations, videos, music files, sounds, programs, databases, and other objects (hereinafter the "Materials"), as well as any content posted on the Website, are the exclusive property of the Website Owner, Users, or other rights holders.
6.2. Use of Materials and content posted on the Website is permitted only within the functionality provided by the Website. None of the Materials or content may be used otherwise without the prior written consent of the respective rights holder (the Website Owner or the User holding the rights). Use includes, in particular, copying, reproduction, modification, distribution, public display, embedding into other resources, and other actions. Exceptions apply only in cases explicitly permitted by applicable U.S. law or by the terms of this Agreement.
6.3. The User may use the Materials and content for personal, non-commercial viewing, provided that all copyright and related rights notices, trademarks, authorship notices, and the name (or pseudonym) of the author or rights holder remain unchanged. The content must remain unaltered. Exceptions are possible only if permitted by applicable U.S. law or the Website's terms of use.
7. Third-Party Websites and Content
7.1. The beatprod Website may contain links to third-party internet resources (third-party websites). The Website Owner does not check these websites or their content for accuracy, legality, completeness, or any other standards. The Owner bears no responsibility for information, materials, opinions, statements, or advertisements posted on such third-party websites that Users access through the Website, nor for the availability of these sites or any consequences of their use by the User.
7.2. The presence of links (in any form) to third-party websites, products, services, or commercial or non-commercial information on the Website does not imply that the Owner endorses or recommends such products, services, or activities, except when explicitly stated on the Website.
8. Advertising on the Website
8.1. The Website Owner is responsible for advertisements placed directly by the Owner on beatprod, to the extent required by applicable U.S. law.
9. Disclaimer of Warranties and Limitation of Liability
9.1. The User uses the beatprod Website and its functionality at their own risk. The Website is provided on an "as is" basis. The Owner makes no representations or warranties that the Website or its features will meet the User's expectations or purposes.
9.2. The Owner does not warrant that: the Website or its features will fully meet the User's requirements; the operation of the Website will be uninterrupted, fast, reliable, or error-free; results obtained from using the Website will be accurate, reliable, or suitable for any purposes (e.g., as evidence of facts); or that the quality of content, services, or information available through the Website will meet the User's expectations.
9.3. Any materials, content, or information (including downloadable files, instructions, guides, etc.) accessed through the Website are used by the User at their own risk. The User is solely responsible for any consequences of such use, including potential damage to the User's or third parties' equipment, data loss, or other harm.
9.4. The Website Owner is not liable for any losses arising from the User's use of the Website, its features, or individual components.
9.5. Under no circumstances shall the Website Owner's liability exceed $50 (fifty U.S. dollars) and shall arise only upon proven fault in the Owner's actions.
10. Payment Processing, Fees, and Refunds
10.1. The Owner charges a commission fee for transactions conducted through the Site. The commission rate is disclosed to Users at the time of transaction and may vary depending on the type of service, subscription plan, or other factors as determined by the Owner.
10.2. All fees, including but not limited to platform commission, transaction fees, payment processing fees, and currency conversion fees, are clearly displayed to Users before completing a transaction. By completing a transaction, the User agrees to pay all applicable fees.
10.3. Users are solely responsible for all taxes, duties, and other charges that may be applicable to transactions conducted through the Site, including but not limited to income tax, sales tax, value-added tax (VAT), and customs duties. The Owner does not collect, withhold, or remit taxes on behalf of Users unless required by law.
10.4. Refund Policy: Due to the digital nature of music content and instant delivery of files upon purchase, all sales are generally final. However, refunds may be granted at the Owner's sole discretion in exceptional circumstances, including but not limited to: technical issues preventing file download, proven unauthorized use of payment method, duplicate charges due to system errors, or content that does not match the description provided by the seller. Refund requests must be submitted within 7 days of purchase and will be reviewed on a case-by-case basis.
10.5. If a refund is approved, the refund will be processed to the original payment method used for the purchase. Processing times may vary depending on the payment provider and may take up to 30 business days. Refunded amounts will be calculated as the original purchase price, and platform fees may not be refunded at the Owner's discretion.
10.6. License purchases are non-transferable and non-refundable once the license has been downloaded or accessed. Users acknowledge that by purchasing a license, they are purchasing rights to use the content under specific terms, and such rights cannot be transferred or resold to third parties.
10.7. The Owner reserves the right to modify fee structures and commission rates at any time. Users will be notified of significant changes through the Site or via email at least 30 days before such changes take effect. Continued use of the Site after the effective date of fee changes constitutes acceptance of the new fee structure.
10.8. When making cashless payments through Website functions without authorization or without linking a bank card to an account, the Website Owner may store the payment data entered by the User solely for the technical purpose of processing the payment, without linking it to a specific User account. Such data is processed in accordance with the Privacy Policy available at https://beatprod.com/privacy-policy/.
11. Account Termination and Suspension
11.1. The Owner reserves the right to suspend or terminate a User's account at any time, with or without prior notice, for violations of this Agreement, illegal activities, fraud, abuse of the Site's functionality, or any other reason the Owner deems necessary to protect its interests or the interests of other Users.
11.2. Users may terminate their account at any time by submitting a request through the Site's account settings or by contacting support. Upon account termination by the User, the account will be deactivated, but some information may be retained in accordance with the Privacy Policy and applicable law.
11.3. Upon account termination, the User's access to the Site will be immediately revoked. Any active transactions, pending payments, or outstanding balances will be handled in accordance with this Agreement and applicable law.
11.4. Content uploaded by a User may remain on the Site after account termination if it has been licensed or purchased by other Users, as removing such content would affect the rights of third parties. However, the Owner reserves the right to remove any content at its discretion.
11.5. Users whose accounts have been terminated are prohibited from creating new accounts or accessing the Site using alternative methods. Violation of this provision may result in legal action.
12. Intellectual Property Rights and DMCA Compliance
12.1. The Site respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. The Owner has implemented a notice-and-takedown procedure for copyright infringement claims.
12.2. If you believe that content on the Site infringes your copyright, you may submit a DMCA takedown notice to the Owner's designated copyright agent. The notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing content and its location on the Site; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement that the information is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.
12.3. If you receive a DMCA takedown notice and believe your content was removed in error, you may submit a counter-notification in accordance with DMCA requirements. The counter-notification must include your contact information, identification of the removed content, a statement under penalty of perjury that the content was removed by mistake, and your consent to the jurisdiction of a U.S. federal court.
12.4. The Owner will respond to valid DMCA notices and counter-notifications in accordance with applicable law. Repeated copyright infringement by a User may result in account termination.
12.5. Users who upload content represent and warrant that they own or have obtained all necessary rights, licenses, and permissions to upload, distribute, and license such content, including but not limited to copyrights, performance rights, and master recording rights.
12.6. Users acknowledge that purchasing a license through the Site does not transfer ownership of the underlying copyright in the music. Licensees receive only the rights specified in the applicable license agreement, which is a separate document governing the use of purchased content.
13. Dispute Resolution and Arbitration
13.1. Any disputes, controversies, or claims arising out of or relating to this Agreement, the Site, or transactions conducted through the Site shall first be addressed through good faith negotiation between the parties.
13.2. If the parties are unable to resolve a dispute through negotiation within 30 days, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration organization.
13.3. Arbitration shall be conducted in English in a location mutually agreed upon by the parties, or if no agreement is reached, in the jurisdiction where the Owner is located. The arbitrator's decision shall be final and binding, and judgment on the arbitral award may be entered in any court of competent jurisdiction.
13.4. Users waive their right to a jury trial and to participate in class-action lawsuits. Any claims must be brought individually, and Users may not join or consolidate claims with other Users.
13.5. This arbitration provision does not prevent either party from seeking injunctive relief or other equitable remedies in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
13.6. Disputes between Users (e.g., between a buyer and seller) are the responsibility of the parties involved. The Owner may, but is not obligated to, facilitate communication between parties or provide information relevant to resolving the dispute.
14. Prohibited Uses Specific to Music Industry
14.1. In addition to the general prohibitions set forth in Section 5, Users specifically agree not to:
- 14.1.1. Upload, distribute, or sell beats, instrumentals, or musical compositions that contain uncleared samples, copyrighted material, or other content for which the User does not have proper authorization or licensing rights.
- 14.1.2. Upload duplicate or substantially similar versions of the same beat or musical composition with the intent to manipulate search results, rankings, or sales statistics.
- 14.1.3. Use automated tools, bots, or scripts to artificially inflate play counts, download numbers, sales figures, or other metrics on the Site.
- 14.1.4. Engage in price manipulation, bid rigging, or any collusive behavior that distorts the marketplace or affects fair competition.
- 14.1.5. Upload beats that are incomplete, low-quality, or contain only loops or samples without original composition or arrangement.
- 14.1.6. Re-upload or re-sell beats or licenses that have already been exclusively licensed or sold to another party, unless the exclusive license has expired or been terminated.
- 14.1.7. Use the Site to engage in payola, undisclosed endorsements, or other deceptive marketing practices.
- 14.1.8. Circumvent the Site's payment system by directing Users to make payments outside of the Site or by soliciting contact information for the purpose of conducting transactions off-platform.
15. Technical Requirements and Content Standards
15.1. Users are responsible for ensuring that all uploaded content meets the Site's technical specifications, including but not limited to file formats, bit rates, sample rates, file sizes, and metadata requirements. Technical specifications are available on the Site and may be updated from time to time.
15.2. Uploaded audio files must be of professional quality, free from technical defects such as clipping, distortion, excessive noise, or audio artifacts. The Owner reserves the right to reject or remove content that does not meet quality standards.
15.3. All uploaded content must include accurate metadata, including but not limited to title, artist name, genre, BPM (beats per minute), key, and production credits. Inaccurate or misleading metadata may result in content removal or account penalties.
15.4. Cover images must be original artwork or properly licensed images. Cover images must not contain offensive, explicit, or prohibited content as outlined in Section 5. Minimum resolution and format requirements for cover images are specified on the Site.
15.5. The Owner reserves the right to modify technical requirements and content standards at any time. Users will be notified of significant changes, and existing content may be required to be updated to meet new standards.
15.6. Users acknowledge that the Owner may process, compress, convert, or otherwise modify uploaded files for technical purposes, including optimization for streaming, storage efficiency, or compatibility with different devices and platforms. The Owner will make reasonable efforts to maintain audio quality during such processing.
16. Content Moderation and Community Guidelines
16.1. The Owner reserves the right to review, moderate, edit, or remove any content uploaded to the Site at any time, with or without notice, if such content violates this Agreement, applicable law, or community standards.
16.2. Users may report content that violates this Agreement or community guidelines using the Site's reporting functionality. Reports will be reviewed by the Owner or its designated moderators, and appropriate action will be taken in accordance with this Agreement.
16.3. The Owner may implement automated content filtering systems to detect and prevent the upload of prohibited content. Users acknowledge that such systems are not perfect and may occasionally produce false positives or false negatives.
16.4. Users are encouraged to maintain a respectful and professional environment on the Site. Harassment, hate speech, threats, intimidation, or any form of abusive behavior directed toward other Users, the Owner, or third parties is strictly prohibited and may result in immediate account termination.
16.5. Users may not manipulate or game the Site's systems, algorithms, or metrics in any way. This includes but is not limited to: artificial inflation of statistics, fake reviews or ratings, coordinated manipulation of search results, or exploitation of technical vulnerabilities.
16.6. The Owner may establish and enforce community guidelines, codes of conduct, or additional rules specific to certain features or sections of the Site. Such guidelines will be communicated to Users through the Site or via email and are incorporated into this Agreement by reference.
17. Miscellaneous
17.1. This Agreement constitutes a contract between the User and the beatprod Website Owner, governing the use of the Website and its functionality. It supersedes all prior agreements between the User and the Owner, if any.
17.2. This Agreement is governed by the laws of the United States, without regard to conflict of law principles. Any matters not covered by the Agreement shall be resolved in accordance with applicable U.S. law. All disputes arising from this Agreement shall be settled in the manner prescribed by U.S. law and as set forth in Section 13.
17.3. Consumer protection laws shall not apply to the relationship between the User and the Website Owner regarding services provided free of charge under this Agreement. For paid services, applicable consumer protection laws may apply to the extent not waived by this Agreement.
17.4. The Owner may assign or transfer this Agreement or any rights or obligations hereunder to any third party without the User's consent. Users may not assign or transfer this Agreement or any rights or obligations hereunder without the Owner's prior written consent.
17.5. Nothing in this Agreement shall be construed as establishing agency, partnership, joint venture, employment, or any other relationship not expressly provided for herein between the User and the Website Owner. Users are independent contractors and not employees, agents, or representatives of the Owner.
17.6. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from this Agreement. The remaining provisions shall remain in full force and effect.
17.7. The Owner's failure to act in response to a User's breach of this Agreement does not waive the Owner's right to protect its interests later and does not constitute a waiver of rights in the event of subsequent similar or identical breaches.
17.8. The Owner reserves the right to modify, suspend, or discontinue any aspect of the Site, including but not limited to features, functionality, services, or content, at any time with or without notice. The Owner shall not be liable to Users or third parties for any such modifications, suspensions, or discontinuations.
17.9. All notices, communications, and legal documents required or permitted under this Agreement may be delivered electronically through the Site, email, or other electronic means. Users are responsible for keeping their contact information up to date to ensure receipt of important notices.
17.10. This Agreement, together with the Privacy Policy and License Agreement, constitutes the entire agreement between the User and the Owner regarding the use of the Site. No oral or written statements, representations, or agreements not expressly contained in these documents shall have any legal effect.