Terms & Conditions

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B. Beatsource Streaming Terms and Conditions Visit

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E. Beatsource Promotional Survey Sweepstakes Visit

F. Beatsource Themed Social Media Contests Terms and Conditions Visit

 

Last Updated: September, 6 2019

This is a legal agreement ("Agreement") between and among you and LiveStyle, Inc., Beatsource, LLC, Beatport, LLC, Beatport International, LLC, Djcity Inc., and any other entity affiliated with (collectively, "Beatsource") stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Beatsource website, including any Beatsource branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the "Website", as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Beatsource reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).

1. Age Requirement.

In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws.  If there are parts of the Website where you need to register and provide certain information to Beatsource:  You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click "AGREE" or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.

Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Website, including all financial charges and legal liability that he or she may incur.

2. Content and Products.

All "Content", including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Beatsource, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Beatsource or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is "Products," which is certain Content made available by Beatsource for streaming, purchase and/or download.  The Content is only for your personal, noncommercial use, except for those Products provided for by Beatsource Sounds.

3. Objectionable Material.

When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Beatsource shall have no liability to you for Content that may be found objectionable, indecent, or offensive.  Beatsource reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.

4. Account Registration.

(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Beatsource ("Registration Data") for the purposes of creating an account (your “Account”).  You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Beatsource may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Beatsource, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Beatsource may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.

(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Beatsource immediately of any unauthorized use of your password and/or Account. Beatsource shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Beatsource, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Beatsource shall have the right to terminate your Account and pursue all available remedies at law.

5. Consent to our communication with you by E-Mail.

By establishing an Account, you grant permission for Beatsource to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.

6. System Requirements for Usage.

You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply. 

7. Charges and Billing.

You agree to pay for all for-fee Products that you purchase through the Website. Beatsource may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Beatsource to charge your credit card for the above at Beatsource's convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING BEATSOURCE WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Beatsource may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.

Beatsource may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Beatsource will not be liable to you or to any third party should it exercise such rights.

8. Limitation on Sales

Beatsource sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Beatsource reserves the right to refuse access to the Website or Beatsource API or sale of Products, to any end user. Beatsource may terminate any offers for free or special promotions or pricing on merchandise at any time.

9. Right to Change Prices and Content Availability.

Prices and availability of Content offered through the Website are subject to change at any time. Beatsource does not provide price protection or refunds in the event of a price drop or promotional offering.

10. Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Beatsource charts and other marketing data, Beatsource reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Beatsource's sole discretion, falsely inflate sales data.

11. No Refunds.

All sales are final and all charges from those sales are nonrefundable. Beatsource will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Beatsource.

12. No Responsibility for Typographical Errors.

Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Beatsource reserves the right not to accept end user orders with prices based upon typographical errors.

13. Taxes.

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

14. Order Acceptance Policy.

Your receipt of an electronic or other form of confirmation does not (1) constitute Beatsource's offer to sell or (2) convey Beatsource's acceptance of your order. Beatsource reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Beatsource reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Beatsource chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.

15. Charges and Billing.

Beatport currently accepts American Express, Visa, Master Card, JCB and PayPal. Beatsource does not accept cash, money orders, or checks. Beatsource reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Beatsource, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Beatsource will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Beatsource's management's sole discretion.

16. Currency.

Beatport accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Beatsource, LLC. All purchases made using currency other than US Dollars shall be processed by Beatsource Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.

17. Limitations of Content Usage and Copyright.

Beatport may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Beatsource ("Content Rules") and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content.  You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. Beatsource RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.

A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback.  You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Stream.

A "Download" is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Beatsource shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.

Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.

18. Prohibited Uses of Content.

You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any "derivative works" by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.

19. Stems File Format

The Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format.  For clarity, any digital download of a sound recording, including those in the Stems file format, other than those specifically purchased on the Beatsource Sounds platform, are provided only for your personal, noncommercial use, or performance, unless you have cleared all necessary rights in the Content.

20. Loss of Rights by Beatsource.

Beatport may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.

21. Electronic Signatures and Contracts.

Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.

22. Community and Brand Features / Public Areas.

The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded.  These features may include access to a user’s   charts and a user's collection of Content. Beatsource HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Beatsource is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.

23. Beatsource Username Policy.

No two users or DJs can have the same Beatsource Username or DJ name (collectively, “Beatport Username”) on the Beatsource platform. Beatsource Usernames are provided on a first-come basis.

Beatport will not typically intervene in Beatsource Username disputes.  Disputes should be resolved between the parties. However, Beatsource reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Beatsource Username in situations where:

(i) an account has been inactive for a period of time;

(ii) Beatsource determines that a Beatsource Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Beatsource to be otherwise misleading;

(iii) Beatsource suspects that a Beatsource Username is being squatted;

(iv) the registered Beatsource Username is that of a more established, well-known DJ, and Beatsource’s decision not to reassign the Beatsource Username will lead to consumer confusion; and

(v) Beatsource has determined, in its own discretion, the situation is such that removing or reassigning the Beatsource Username is most appropriate under the circumstances.

Any attempts to sell, buy, or solicit other forms of payment in exchange for a Beatsource Username is strictly prohibited and may result in permanent account suspension.

24. User Generated Content.

Beatport may permit users to create customized landing pages and post or upload content, including mixes, tracks, playlist compilations (also referred to as charts), performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with Beatsource users (“User Content”).  You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that (i) you own or otherwise control all applicable rights to the User Content, (ii) have the necessary rights to post, upload, transmit or display the User Content on Beatsource, and (iii) that such User Content, or its use as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others; (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by Beatsource or any unwilling, or unknowing, third-party, without that party’s express written consent, or (c) cause injury to any person or entity.  You agree to defend indemnify and hold harmless Beatsource, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content.  You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility.  The rights granted herein shall inure for so long as the User Content is provided by you on the Beatsource Website. Except from those rights specifically granted herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Beatsource.  Beatsource reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. Beatsource reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. Beatsource does not monitor, review, edit, or endorse User Content. If you believe that User Content violates your intellectual property, please review the “Report Copyright Infringement” page for instructions on how to file a copyright claim with Beatsource.

25. Restrictions. You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, 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) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) 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 system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.

26. Beatsource's Rights.

By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Beatsource may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Beatsource's use of such Content exploits any proprietary rights you may have in such material, you agree that Beatsource has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.

27. Privacy.

For additional information regarding Beatsource's use of information collected in connection with the Website, please refer to Beatsource's Privacy and Cookie Policy, which is incorporated into these Terms and Conditions for reference: https://support.beatport.com/hc/en-us/articles/200353215-Privacy-and-Cookie-Policy

28. Copyrights.

All copyrights in and to the Website (including the organization of content and charts,) and software, are owned by Beatsource and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Beatsource and/or is licensors.

29. Trademarks.

All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Beatsource and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.

30. Violation of Intellectual Property Rights.

This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Contentother than for the purposes stated for herein are  prohibited.

If Beatsource receives a notice alleging that you have engaged in behavior that infringes Beatsource's or an other's intellectual property rights or reasonably suspects the same, Beatsource may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.

If you believe that any information or material on the Website constitutes copyright infringement, instructions on how to file an infringement claim with Beatsource can be found here:

https://support.beatport.com/hc/en-us/articles/200353245-Violation-of-Intellectual-Property-Rights

31. Enforcement of These Terms.

You agree that Beatsource has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Beatsource believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Beatsource's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).

32. No Responsibility for Third-Party Materials or Web Sites.

The Website may include Products, Content, and services from third parties available via the Website. Beatsource may include links to third party websites, which are provided solely as a convenience to you. Beatsource assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Beatsource is not responsible for evaluating or examining the content or accuracy of such.

33. Indemnity and Waiver.

By using the Website you agree to defend, indemnify and hold harmless Beatsource and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Beatsource and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.

34. Termination/Cancellation.

If you fail, or Beatsource suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Beatsource with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Beatsource believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Beatsource, at its sole discretion, without notice to you, may: (i) terminate  your Account, and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.  In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.

35. Governing Law.

The laws of the State of Colorado, of the United States of America, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Beatsource or relating in any way to your use of the Website resides in the courts of the State of Colorado, U.S.A.

36. Export Controls.  

The Content offered by Beatsource may be subject to U.S. export and control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.

You warrant that you are (1) not located in Congo,  Cote d’Ivorie, Cuba, Iran, Libya, Myanmar, North Korea, Sudan, Somalia, or Syria, and (2) are not a denied party as specified in the regulations listed above.  You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Beatsource under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.

37. Disclaimers and Limitations of Liability.

(a) You agree that from time to time Beatsource may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.

(b) Beatsource makes no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.

(c) Under no circumstance shall Beatsource be liable for any unauthorized use of the Website or its Content.

(d) 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, Beatsource shall be entitled to the maximum disclaimers and/or limitation on damages and legality 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.

(e) All Content on this Website is provided to you on an "as is" "as available" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Beatsource makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk.  Beatsource makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.

(f) Beatsource specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Beatsource has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.

Please read these Beatport Streaming (“Streaming”) Terms and Conditions (“Streaming Terms”) carefully before signing up and purchasing a Streaming subscription plan.  By participating in, and signing up for, Beatport Streaming, you are agreeing to be bound by these Streaming Terms. If you do not wish to be bound by these Streaming Terms, please do not purchase a subscription for Streaming.

 

1. Streaming Terms and Conditions

These Streaming Terms are applicable to all participating users of the Streaming service. All of the general terms and conditions set forth above are incorporated herein.   If there is any conflict between those general terms and conditions and these Streaming Terms, these Streaming Terms shall apply for your use of the Streaming service.

2. Third-Party Partner Applications and Devices

Streaming is available via third-party DJ hardware and software products (each a “Partner Company”). Each Partner Company may have their own terms and conditions, which will also apply to your use of Streaming when utilizing that company’s product.  Beatsource shall not be responsible if any Partner Company chooses to no longer support Beatsource Streaming. In such situations, Beatsource will attempt to preemptively notify all Streaming subscribers via email. If you have opted-out of email communication, you may not receive the notification.

3. Streaming Fees and Terms

Beatsource Streaming has two plans available: (i) Beatsource with audio streams at 128kbps AAC for $12.99USD/month with no offline locker access; and (ii) Beatsource PRO+ with audio streams at 256kbps AAC for $34.99USD/month and offline locker access of up to 1,000 tracks.

Currency dependent on location of purchase. Monthly fees and subscription plans may be subject to change. Promotional discounts may apply. Subscription month starts on the day of purchase and renews, or terminates, on the same day the following month. Subscription will auto-renew unless terminated by you prior to the auto-renewal date. Your subscription will remain active through the current subscription month upon termination. There are no refunds for early termination.

4. Your Use of Streaming

Streaming enables you to listen to full streams of tracks from Beatsource’s catalog of content via the interface of certain Partner Company’s products. Your subscription to Beatsource Streaming will grant access to the product wherever it is available. 

Any content by a Supplier that has expressly opted out of the Streaming subscription service, will not be available. Beatsource is not responsible for content that is not available to Streaming subscribers and your only remedy in such situations is to choose not to renew your subscription the following month.

5. Prohibited Use of Streaming

Content streamed with your Beatsource Streaming subscription is intended for your personal use only. Use of Streaming for public performance purposes will require additional licensing, which is not included as part of your subscription.

You may use Streaming with up to five (5) total devices, with only one (1) device actively streaming at any given time. Additional devices shall be viewed as a violation of the Streaming Terms and Conditions. Streaming supports up to 4 concurrent streams at one time from a single device.

Account sharing with Streaming is strictly prohibited. Beatsource reserves the right to terminate any Streaming subscription, effective immediately, in cases where such activity is identified by Beatsource. The decision to terminate your access to Streaming is solely at Beatsource’s discretion. Beatsource will not share evidence or detailed information in reference to what prompted Beatsource to terminate your access to Streaming. No refund will be provided as a result of termination by Beatsource.

6. Beatsource Charts and Plays

Plays on Streaming are not applied to the Beatsource Charts for charting purposes. Beatsource reserves the right to exclude fraudulent plays, at its own discretion, that it believes are made for the sole purpose of increasing revenue share. Beatsource will not share any data that was the basis for such decisions.

C. API Terms and Conditions

1. Terms of Use.

If you are requesting access to the Beatsource API on behalf of an organization, you are agreeing to these Beatsource API Terms of Use for that organization and promising that you have the authority to bind that organization to these Terms of Use. As such, the terms "you" and "your" will refer to that organization.

If you are requesting access to the Beatsource API on behalf of yourself, "you" and "your" shall refer to you as a contracting individual.

A. Services.

The Beatsource API is a service that allows pre-approved licensees to retrieve select content available at the Website for inclusion on your Beatsource approved domain.

B. Your Use of the Beatsource API

(i) Generally.
You must apply for access to utilize the Beatsource API and to gain certain access levels. Beatsource may deny requests or revoke access if we believe you are in violation of these API Terms of Use in letter or spirit (or Beatsource takes issue with your use of the Beatsource API for any reason or no reason at all).

(ii) Prohibited Actions.
You, as the user of the Beatsource API, must not attempt to:

(a) encourage or facilitate the violation of any aspect of Beatsource's Website Terms and Conditions ;

(b) use, display, mirror or frame (including in meta-tags or hidden text) the Website or any individual element of the Website without Beatsource's express written consent;

(c) use the API in conjunction with a subscription service or the distribution of  any content, for free or for sale, whether or not you have the appropriate license and rights to distribute such materials, without express written permission by Beatsource (except that your use of the API may provide a link to the Website where the user may purchase or download the associated content); or,

(d) mislead, misguide, or confuse users.

(iii) Use of Beatsource Logos and Trademarks.

Beatport grants you a non-exclusive license to use the Beatsource trade name, logo, and trademark solely to identify the source of the Beatsource API content or as direct links to the Beatsource Website. This right does not extend to any other brand element featured prominently on the Website or associated with the Beatsource brand. All permitted use of the Beatsource trade names, logos, trademarks, and other distinctive brand features must be presented as provided through the Beatsource API or as defined in the Beatsource Style Guide: https://support.beatport.com/hc/en-us/articles/200353255 .

(iv) Link to Purchase Pages.

The Beatsource API may only be used with those platforms from which a functional link is made available that, when accessed, takes the user to the page on Beatsource's Website where the user can access the associated content. 

2. Platform Usage. 

A. Beatsource may sometimes review the API platform (including how our services are being accessed and used), but you acknowledge we have no obligation to do so. Beatsource is not responsible for files, content, or any other information accessible through the API platform.

B. We may limit the number of calls accepted by the API if we believe the number of calls to the Beatsource API may negatively impact the Beatsource API or Website performance.

C. Our API platform is a work in progress. Please keep that in mind. It may continue to change over time as Beatsource refines and adds more features with the needs of our audience and any feedback received.

3. End User Data.

If you collect any personally identifiable information through use of the Beatsource API, you must ensure that it is collected, processed, transmitted, maintained and used in compliance with all applicable laws and a privacy policy that you post and make available to your users.

4. Other Platforms and Users.

Beatport has no obligation to provide support to your users. Unless you have written permission to do so from Beatsource, you must not state or imply any endorsement by Beatsource of your site or the content of your site. Providing links to the Beatsource store to enable purchasing of products shall not be considered an endorsement.

5. Copyright and License

Beatport grants you a limited, non-sublicensable right to access the API and use the Beatsource data for non-commercial and informational use. Any commercial use must be pre-approved in writing by Beatsource and any options to purchase content provided by the API must link back to Beatsource's website, unless otherwise permitted by Beatsource.

6. Proprietary Rights and License.

A. Beatsource Property.

As between you and Beatsource, Beatsource retains all rights, title and interest, including without limitation all intellectual property rights, in and to, (a) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating to; (b) the Content available through the API; (c) the Beatsource brands; and (d) any feedback from users, developers, or others (including suggestions, comments, improvements, ideas, etc.) about the Beatsource services, the content, the API, or any applications Beatsource may be developing at the time of feedback or chooses to develop at a future date.

B. No Implied Rights.

These API Terms of Use do not grant you any rights in any of Beatsource's services or software or the content accessed through them. If you elect to provide Beatsource with any feedback, you hereby assign all right, title and interest in and to such feedback to Beatsource, and acknowledge that Beatsource will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.

C. Beatsource Development.

You understand and acknowledge that Beatsource may be independently creating applications, content, web-based tools and other products or services that may be similar to or competitive with your use of the API and its content, and nothing in these API Terms of Use will be construed as restricting or preventing Beatsource from creating and fully exploiting such development. You further agree that Beatsource and its designees will be free to copy, modify, create derivative works, publicly display, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.

7. Term and Termination.

Beatport may suspend your access to the Beatsource API or immediately terminate your right to utilize the Beatsource API: (1) if you breach any provision of these API Terms of Use; (2) if Beatsource is required to do so by law; (3) if Beatsource ceases to offer the API service; (4) you are flagrantly violating the intended purpose of the Beatsource API; (5) Beatsource views your use of the API as competitive to its own platform or its best interests; or (6) for any other reason.

8. Restrictions.

Your use of the Beatsource API is subject to the following restrictions:

A. All calls to the Beatsource API must reference the API Key issued to you as an approved licensee. You will not share the API Key and any other authentication details with any third party.

B. You will provide the Beatsource content to your users on "As Is" terms.

C. You may not use the Beatsource content in a product, service, or for commercial use without Beatsource's express permission.

D. You further agree not to otherwise reproduce, modify, distribute, or reverse engineer any portion of the Beatsource API or any content or data provided through the Beatsource API.

E. You agree not to use the Beatsource API, Content, Products, or the Beatsource trade names, logos, and trademarks in any way that harms Beatsource, its service providers, its suppliers, its artists, its labels, Beatsource or your end users, or any other person.

F. You may not use the Beatsource API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights.

9. Representations and Warranties.

You represent and warrant that: (1) all information you have provided and will provide to Beatsource is true, accurate, and complete; (2) you have not previously had access to the Beatsource API terminated by Beatsource; (3) you have the full right, power and authority to enter into these API Terms of Use; and (4) your intended uses of the Beatsource API will not violate the intellectual property rights, copyrights, or other rights of others or violate any laws.

10. Disclaimer.

The Beatsource API is provided "As Is", use at your own risk, without express or implied warranty or condition of any kind. Beatsource also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement.

11. Indemnity.

You will indemnify, defend and hold Beatsource, our affiliates, agents, and licensors harmless from any third party claim (including reasonable attorneys fees) relating to: (1) any allegation that your use of the Beatsource API infringes the intellectual property rights of any third party; (2) your breach of these API Terms of Use or any act or omission by you in connection with your use of the Beatsource API; and/or (3) your collection or use of user's information and data. You may not settle claims that limit Beatsource's rights without our prior written consent, which shall not be unreasonably withheld.

12. Limitation of Liability.

In no event will Beatsource, its affiliates, agents or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Beatsource has been warned of the possibility of such damages. Beatsource assumes no liability for any of your activities in connection with the Beatsource API or for your use of the Beatsource API in connection with your website.

13. Modification.

We may revise these API Terms of Use from time to time and the most current version will always be posted on our Website. If you do not agree to the new terms, please stop using the Beatsource API and cease all use of the Beatsource API.

14. General.

These terms and the use of the Beatsource API shall be governed by the laws of the state of Colorado except for its conflicts of laws principles. All claims arising out of or relating to these terms or the services provided must be litigated exclusively in the federal or state courts of Denver, Colorado, and both parties consent to venue and personal jurisdiction there. These terms constitute the entire and exclusive agreement between you and Beatsource, LLC with respect to the Beatsource API and supersede and replace any other terms of use applicable to the Beatsource API, unless you and Beatsource have contracted directly for more favorable terms and such agreement states that its terms shall supersede those provided here.

These API Terms of Use create no third party beneficiary rights. Beatsource's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these API Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights in these API Terms of Use and any such attempt is void. Beatsource may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Beatsource and you are not legal partners or agents.

D. Beatsource SOCIAL MEDIA SWEEPSTAKES - OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, TWITTER OR ANY THIRD PARTY SOCIAL MEDIA PLATFORM.  VOID WHERE PROHIBITED BY LAW.  

BY ENTERING ANY Beatsource SOCIAL MEDIA SWEEPSTAKES, PARTICIPANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES.  ANY VIOLATION OF THESE OFFICIALS RULES MAY, AT Beatsource’S, OR IDENTIFIED SPONSOR’S, DISCRETION, RESULT IN DISQUALIFICATION.

Beatport may run, from time to time, Beatsource Social Media Sweepstakes (individually and collectively, “Sweepstakes”), sponsored by Beatsource, LLC and Beatsource Europe B.V. (collectively “Beatport”). Such Sweepstakes shall take place on Beatsource’s various social media platforms. These Official Rules shall apply to each Sweepstakes unless the Sweepstakes states otherwise and alternate terms and conditions are provided.

The “Sweepstakes Period” for each Sweepstakes shall be stated on the post/tweet for the specific Sweepstakes. All submissions must be provided by 12:01am Mountain Standard Time (USA) by the date posted.  Beatsource may, at its discretion, extend the Sweepstakes Period for each Sweepstakes by changing the entry date on the selected post.

The Winner for each Sweepstakes will be identified in the comments section of the Sweepstakes post. Beatsource may also reach out to the Winner via messaging on the social media platform.  By entering, you give Beatsource permission to message you if you are the Winner.

1. What Can I Win?

There will be one (1) prize (“Prize”) for each Sweepstakes. Winning a Prize does not disqualify you from participating in or winning future Sweepstakes. Prize for each Sweepstakes will be identified with the Sweepstakes post/tweet.

Prize is non-transferable and no substitution, exchange or cash equivalent will be allowed except by Beatsource. Beatsource reserves the right to substitute prizes of equal or greater value and approximately similar features for any Prize due to unavailability or difficulty in shipping.

The odds of winning depend on the number of eligible entries received.

2. Who Can Enter?

This is a worldwide promotion. You are eligible if you are 18 years of age or older as of the date the Sweepstakes was first posted or are between the ages of 13 and 18 years of age and have your parent’s permission, and reside in a country where Beatsource content can be purchased.  Entrants must also be legal, non-fraudulent, registered members of Beatsource.com and the social media platform where the Sweepstakes is conducted.

You are ineligible to enter and will be disqualified if:

• You are an employee or director of, or a member of the immediate family (parent, children, sibling, spouse, regardless of where they live) of, or live in the same household (whether related or not) with, such employees and directors (collectively, an “Employee”) of Beatsource or LiveStyle, Inc, or if you are an employee of their respective parent and subsidiary companies, or of an advertising, promotion, judging, production or publicity agency doing business with any of the above, or of any of their respective parents, subsidiaries, and affiliated companies, or of anyone connected with the production and distribution of the Sweepstakes.

• You have attempted to enter the Sweepstakes via multiple accounts or multiple entries from the same account.

• You have not complied with these Official Rules or the final decisions of Beatsource, in Beatsource’s sole discretion.

3. How Do I Enter?

• Become a registered member of Beatsource.com and the social media platform the Sweepstakes is posted on, if you are not already, and follow or friend the Beatsource profile page. Registrations are free.

• And, either:

a.) Follow the instructions for entry associated with the Sweepstakes post/tweet; or,

b.) Enter by mail-in entry to: Beatsource, LLC, Schlesische Str. 29/30, 10997 Berlin, Germany Attention:  Beatport Social Media Sweepstakes Entry. Entry must be received by Beatsource on or before the posted Sweepstakes Period associated with the Sweepstakes, and must include the participant’s registered Beatsource username.

Multiple entries or submissions are prohibited.

Beatport may disqualify any entrant violating these Official Rules, in letter or in spirit.  Beatsource may prohibit any individual from participating in the Sweepstakes or winning a prize if, in Beatsource’s sole discretion, it determines that said individual: is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, fraud, theft, or other unfair practices; violates the Official Rules; or acts in any disruptive manner during the Sweepstakes.

Your contact information may be shared with Beatsource’s representatives for the sole purpose of prize fulfillment.  By submitting your entry, you accept the terms of the Official Rules and agree to be bound by the decisions of Beatsource, which will be final.

4. How Will Winners Be Chosen?

Winner shall be selected by random number generator.  Winner will be notified in the comments section of the Sweepstakes. Beatsource reserves the right to select an alternate winner for an individual that is unreachable or unresponsive seventy-two (72) hours after notification.

Beatport reserves the right to verify the validity of any entry, including entrant’s identity, age, address, email address, Beatsource account, and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry, in Beatsource’s sole judgment.  Inappropriate language, in Beatsource’s sole discretion, may also be cause for disqualification.

5. Winner Obligations.

Selected winner agrees to return any prize received if a representation made proves to be untrue, and shall defend, indemnify and hold harmless Beatsource against any and all claims, damages and expenses, including attorneys’ fees incurred as a result of any such misrepresentation.  If you are selected as a winner, you hereby consent to the use of your name and likeness by Beatsource for the purposes of publicity and release to the media, without any further consent or compensation, unless prohibited by law.

6. Release and Indemnity.

By participating in the Sweepstakes, each participant and winner waives any and all claims of liability against Beatsource, its employees and agents, for lost, late, damaged, undelivered, unseen, or miscounted entries, whether due to technical or human error, any personal injury or loss which may occur from the conduct of, or participation in, the Sweepstakes, or from the award, receipt and/or use or misuse of any Prize.  In order to receive a Prize, winner may be required to sign an official waiver form provided by the Beatsource.

7. Modifications.

Beatport may revise these Official Rules (and/or cancel, modify or suspend a Sweepstakes, including altering the Prize) if, in its sole discretion, the Sweepstakes cannot reasonably be conducted as specified at any time.  Such changes will be posted online and you agree to be legally bound by the Official Rules as updated, modified and/or amended.

8. Other Things You Should Know.

You agree that:  (i) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for the State of Colorado, or the appropriate Colorado State Court located in Denver, Colorado; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but you may not recover any attorneys’ fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, you waive any right to a jury trial in any forum in respect to any issue, claim or cause of action arising out of or based on the subject matter hereof.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Beatsource in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules.  The Sweepstakes is void where prohibited, restricted or regulated by law. Failure by Beatsource to enforce any of its rights or these Official Rules at any stage does not constitute a waiver of those rights.  You hereby represent and warrant that you have read these Official Rules and are fully familiar with the contents.

9. For a paper copy of winners and Prizes, please send a self-addressed, stamped envelope to Beatsource, LLC, Schlesische Str. 29/30, 10997 Berlin, Germany Attention: Beatsource Social Media Sweepstakes.

E. Beatsource Promotional Survey Sweepstakes

Beatport may, from time to time, ask users of its Website to participate in a survey providing Beatsource with information about its website, platform, brand, industry, or other such matters the company believes may be helpful. Participation in such surveys is discretionary. In some circumstances, Beatsource may offer a Prize to encourage users to participate.

The Terms and Conditions provided for in Section D, Beatsource Social Media Sweepstakes, shall apply to all Promotional Survey Sweepstakes, except as modified herein.

1. Entering a Promotional Survey Sweepstakes

Opportunities to participate in a Beatsource Survey may be at the discretion of Beatsource, or, an algorithm created by Beatsource or a Beatsource partner, or completely random.  If you are selected, and within the required age range as defined in Section D(2), you will be automatically entered upon submission of a completed survey.

Alternatively, if you are not selected to participate in a survey, or prefer not to complete the survey but still wish to enter the Sweepstakes, you may enter by mail-in entry to: Beatsource, LLC, Pfuelstraße 5, 10997 Berlin, Germany, Attention:  Beatport Promotional Survey Sweepstakes Entry. Mail-in entries must be received during the time of an active Sweepstakes and before the date of the drawing, which may not be publicized.

2. Responses

All responses submitted shall become the sole property of Beatsource. Beatsource may utilize any suggestions or input without any further compensation to you.  Any personal information will only be used to identify and notify the winner of the Sweepstakes.

3. Winner’s List

Winner(s) for any Promotional Survey Sweepstakes will not be publicly announced. Beatsource will reach out to any winner directly via the email provided with the survey or the email associated with the user’s account. Beatsource is not responsible for any undelivered or unreceived emails and reserves the right to select an alternate winner if the first selected winner is deemed unreachable.