TERMS AND CONDITIONS

Welcome to Beat Generator!

These are the terms and conditions for:

· https://beat-generator.com

The following terms and conditions apply to the website and services offered by Beat Generator. This includes any version of Beat Generator accessible via desktop, mobile, tablet, social media or other devices.

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website", refer to Beat Generator’ website, "we", "us", "our", and "Beat Generator", refer to Beat Generator, and "you", and "user", refer to you, the Beat Generator user.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of the website and services offered by Beat Generator. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modification of these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Beat Generator may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and website is revoked in such jurisdictions.

By using the website and services, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing Beat Generator with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

3. ACCOUNT

When registering on the Beat Generator platform, users have the option of creating an account using their Google credentials or by providing a valid email address and choosing a password. By choosing to sign up with a Google account, the user authorizes Beat Generator to access certain information from their Google profile, such as name, email address and profile picture, in accordance with Google's privacy terms and policies.

If the user chooses to sign up using an email address, the user must ensure that the email provided is valid and in use. The user must choose a password to protect his/her account.

It is the user's responsibility to maintain the confidentiality of his/her password and account, and to immediately notify Beat Generator in case of any unauthorized use of his/her account or any other breach of security. The platform shall not be liable for any loss or damage arising from the user's failure to comply with this obligation.

Beat Generator reserves the right to suspend or terminate any account that violates these terms, uses false or inaccurate information, or is used in an inappropriate manner. By registering and creating an account, the user agrees to comply with all policies and guidelines set forth by Beat Generator, as well as all applicable laws and regulations.

Users have the right to close their accounts at any time. To close an account, the user must follow the procedure indicated on the platform or contact Beat Generator support. By closing his account, the user acknowledges that all data associated with his account will be deleted, and that this action is irreversible. Beat Generator is not responsible for any loss of data resulting from account closure.

4. CREATING AND DOWNLOADING BEATS

Users of the Beat Generator platform have the ability to create and download beats, specifically MIDI file downloads of drum patterns (downloads in other audio formats are not offered), for use in music productions. Access to the platform is offered through two types of account: free and paid subscription. With a free account, users can access the beat generation functionality, allowing them to experiment with music creation and explore various combinations and styles.

For users who wish to download the generated beats (MIDI files of drum patterns) and access additional features, such as advanced editing options, cloud storage and access to exclusive sound libraries, a paid subscription is required. This subscription allows users to download the beats specifically MIDI file downloads of the drum patterns, for integration into commercial or personal music productions.

The use of beats generated and downloaded from Beat Generator is subject to the rights and licenses specified in the subscription. Users with a subscription account are entitled to use the downloaded beats in musical productions, both for personal and commercial projects, as long as the terms of use set by the platform are respected. Beat Generator reserves the right to modify, update or discontinue certain functions and features of the platform, informing users of such changes in a timely manner.

It is the user's responsibility to ensure that any material generated and used complies with copyright laws and other applicable regulations. Beat Generator shall not be liable for any misuse of downloaded beats or for any claims arising from infringement of third party rights. By using the platform, the user agrees to abide by these terms and conditions and acknowledges that any breach may result in the suspension or termination of his or her account.

5. SUBSCRIPTIONS

Downloads of the beats available on the platform, specifically MIDI file downloads of drum patterns, and access to the platform's premium features are available through subscriptions. Please refer to the description and features of each subscription before placing an order. When a user purchases a subscription, Beat Generator will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the payment and the start of the subscription. If the user does not receive the purchase and subscription start confirmation email, it may have been sent to the user's spam folder.

Subscriptions include monthly or annual automatic billing payments according to the type of subscription chosen by the user. You authorise Beat Generator to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make your first payment. On the corresponding billing date, you will automatically be charged the corresponding subscription fee. The subscription will remain active until you cancel or unsubscribe. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.

Subscriptions will automatically renew for an additional period unless cancelled before the next billing period. Users may cancel a subscription through the account settings in the billing section or by sending a cancellation request to Beat Generator through our contact information. If a subscription is cancelled, the user may continue to use the subscription until the next billing period.

Beat Generator may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is cancelled by Beat Generator, the payment made for the subscription for the applicable billing period will be refunded. This does not affect your statutory rights.

6. PAYMENTS

Users will be able to pay for subscriptions through the following payment methods:

· Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)

The subscription payment will be charged to your credit or debit card upon completion of the subscription payment and registration process. The subscription will be activated upon completion of the payment and registration process and will be charged on each billing date automatically.

Once the transaction is processed, we will send an electronic receipt to the user's email address. If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. Beat Generator reserves the right to engage any payment processor available.

7. COPYRIGHT OF THE BEATS

All beats created and generated through the Beat Generator platform are protected by copyright. Users who generate beats through the platform retain certain rights to the creations, but must comply with the conditions set by Beat Generator for their use and distribution.

In order to download beats, users must have an active subscription to the platform. Beats downloaded through a subscription may be used in both commercial and non-commercial music productions, provided that the following terms of use specified in the subscription agreement are respected:

· License of Use: The subscription grants the user a non-exclusive, non-transferable, limited license to use the downloaded beats in their musical projects. This license allows the use of the beats in recordings, live performances, music videos, and any other music production.

· Redistribution Prohibition: Users do not have the right to resell, redistribute, sublicense or otherwise transfer the generated beats to any third party without the express written consent of Beat Generator.

· Modifications and Adaptations: Users may make modifications and adaptations to downloaded beats, provided that such modifications are used in accordance with the terms of this license and are not independently distributed as new beats.

· Credits and Acknowledgements: In any commercial use of downloaded beats, the user must provide appropriate credits to Beat Generator as the source of the material, in a manner agreed upon by both parties.

· Lawful Use: Users are responsible for ensuring that their use of the beats complies with all applicable copyright and intellectual property laws and regulations.

Beat Generator reserves all rights to the beats generated and downloaded through the platform, including any modifications, enhancements or adaptations made to them. Any unauthorized use of the beats may result in the suspension or termination of the user's account and appropriate legal action to protect the platform's copyrights.

By using the platform, the user accepts these terms and agrees to respect Beat Generator's copyrights, as well as any additional restrictions that may be imposed in the future by updates to these terms and conditions.

8. LIMITATION OF LIABILITY

Beat Generator shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of the use of beats generated and downloaded through the platform, as well as the use of the services provided by the platform. This includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or inability to use the beats or services; (ii) any failure or error in the platform affecting the creation, downloading or use of the beats; (iii) any unauthorized access to or alteration of your streams or data; (iv) statements or conduct of any third party in connection with the beats or services; or (v) any other matter relating to the use of the beats or Beat Generator's services.

Beat Generator does not warrant that the beats generated or services provided will be uninterrupted, secure, error-free or will meet the user's expectations in terms of quality, accuracy or fitness for a particular purpose. Any material, including beats, downloaded or otherwise obtained through the use of the platform is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

To the fullest extent permissible pursuant to applicable law, Beat Generator disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection with the beats and services provided.

Beat Generator shall not be liable for any loss or damage that may arise from the use of any user-generated beats or any interaction between users of the platform. This includes, but is not limited to, the accuracy, completeness or usefulness of any beat or information available on the platform. Users are responsible for the verification and evaluation of any beat and assume all risk associated with the use of any beat, including any reliance on the accuracy, completeness or usefulness of such beat.

In no event shall Beat Generator's total liability to any user for all damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) exceed the amount paid by the user to Beat Generator, if applicable, for access to the platform during the twelve (12) months prior to the date the claim arose.

By using the Beat Generator platform and services, users agree to release and hold Beat Generator and its employees, agents, officers and successors harmless from any and all liability for claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with the use of the beats and services provided by the platform.

9. COPYRIGHT OF THE WEBSITE

All content on Beat Generator website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Beat Generator or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Beat Generator are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Beat Generator prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Beat Generator or any part of the material for any purpose other than its intended purposes is strictly prohibited.

10. COPYRIGHT INFRINGEMENT

Beat Generator will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Beat Generator respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

· A statement that specifically identifies the location of the infringing material, in sufficient detail so that Beat Generator can find it on the website. 

· Your name, address, telephone number and email address.

· A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.

· A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.

· An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

11. PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

12. PROHIBITED ACTIVITIES

The following activities are prohibited:

· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

· Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

· Deep-link to any portion of the services for any purpose without our express written permission.

· "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.

· Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Beat Generator in connection with the services.

· Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

13. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Beat Generator provides and maintains the website on an "as is", "as available" basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the websitein breach of these terms you will be liable to and will reimburse Beat Generator for any loss or damage caused as a result.

Beat Generator shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Beat Generator excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Beat Generator and Beat Generator shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

· Any incorrect or inaccurate information on the website.

· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through thewebsite.

· Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.

· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Beat Generator.

· All representations, warranties, conditions and other terms which but for this notice would have effect.

14. ELECTRONIC COMMUNICATIONS

Beat Generator will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

15. INDEMNIFICATION

You agree to defend and indemnify Beat Generator from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

· Your breach of this agreement or the documents referenced herein.

· Your violation of any law or the rights of a third party.

· Your use of the website and services.

16. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

17. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Beat Generator, shall constitute the entire agreement between you and Beat Generator concerning and governs your use of the website and the services.

18. FORCE MAJEURE

Beat Generator shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

19. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and Beat Generator. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

20. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of California. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of California. This applies unless binding arbitration is agreed to in the applicable section.

21. FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

22. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:

Beat Generator.

Email: support@beat-generator.com

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