Terms of Use

Terms of Use

Last updated: November 18, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://bradkinsbeats.com website (the “Service”) operated by Brad Kins Beats (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Clear guidelines on what's not allowed

Some common-sense limitations do apply, as set out below:
    • You can’t re-sell, or re-distribute the beats;
    • You can’t use the beat in theatrical films
    • You generally can’t use the beats as the basis for merchandising. For example, uploading the beats as instrumentals is not allowed. 
    • You can’t claim ownership of a beat, even if modified under clause 2, for example through content identification systems.

The low-down! How the Unlimited Subscription License works

  1. For each digital work (called a “Beat”) you download under your Unlimited subscription, you are granted a license to use the beat on a non-exclusive, commercial, worldwide and revocable basis, for unlimited uses.
  2. A Single Use is the use of the beat to create an End Product (requiring an application of skill and effort) in one of the following ways:
    1. The End Product is a customized implementation of the beat.
    2. The End Product is a sync of the music with an audio-visual or audio-only work that incorporates the beat as well as other things, so that it is larger in scope and different in nature than the beat. 
    3. An End Product is a work that incorporates the beat as well as other things, so that it is larger in scope and different in nature than the beat.
  3. The license starts when you download the beat and it is your responsibility to register your song correctly with your Music Distributor and PRO. Failing to provide the correct information to your distributor and PRO may result in a DMCA takedown of your song/album if not corrected in a timely manner. If you have any questions, please contact me.
  4. For all beats, you can have more than one Single Use. Each license includes the right to utilize the beat through communication to the public (performance), broadcast, distribution, and reproduction, but only as a part of the End Product which you have created with the beat. 

Other terms and disclaimers

  1. You can only use a beat for lawful purposes. Also, you can’t use a beat in connection with material which is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination.
  2. This license applies in conjunction with the Terms of Use for your use of the bradkinsbeats.com Unlimited Subscription Membership. If there is an inconsistency between this license and the Terms of Use, this license will apply to the extent necessary to resolve the inconsistency.
  3. This license can be terminated for any beat if you breach the license or terms and don’t remedy the breach. If termination happens, you must stop using the relevant beat, which includes no longer making copies of or distributing the End Product created using that beat (unless you remove the beat from it).

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Brad Kins Beats and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Brad Kins Beats.

Brad Kins Beats has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Brad Kins Beats shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimers

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

For some beats, a component of the beat will be sourced from a third party and different license terms may apply to the component, such as someone else’s license or an open source or creative commons license, or a collaboration with another producer. If so, the components and/or producers will be identified in the beat’s description or in the beat’s downloaded files. The other license will apply to that component instead of this license. The Unlimited Subscription License will apply to the rest of the beat. For example: A beat might contain samples or loops licensed under a Creative Commons CCBY license. The CCBY license applies to those specific samples or loops. This license applies to the rest of the beat.

For some beats, a GNU General Public License (GPL) or another open source license applies. The terms of any open source license will be included with the beat (as a .wav file or, in some cases, embedded as part of the beat itself). For any parts of the beat subject to the open source license, those open source license terms will apply to the extent that’s determined by the open source license terms and the nature of the beat, and this license applies to the rest of the beat. Open source licensing is relevant for samples and loops from Splice and other open source platforms. Where a beat has components that are licensed under the GPL or other open source license, information about the applicable license will be noted in the beat’s download files.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

By email: hi@bradkinsbeats.com