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Last Modified June 29,2006 Set forth below are the terms and conditions (these "Terms and Conditions") governing the Trillbeats.com web site located at, or linked to through, the root URL http://www.Trillbeats.com. In these TERMS & CONDITIONS (also referred to as Terms or Agreement) 'you' and 'your' refer to the licensor or customer, which may be an individual, or single entity, and 'we', 'our', 'Blaze Right' or 'Trillbeats.com' refers to Anthony Davis, which owns and operates Trillbeats.com. In this Agreement, the terms Instrumental(s) and Beat(s) are interchangeable. Also, 'the Site' or 'the Web Site' refers to Trillbeats.com and 'the Service' refers to the service offered through Trillbeats.com.com By using Trillbeats.com, you are representing that you are at least 13 years old (or the minimum legal age in the jurisdiction in which you are viewing Trillbeats.com). If you are not at least 13 years old, you are required to have a parent or legal guardian subscribe for you. Acknowledgement and Acceptance of Terms & Conditions Trillbeats.com, owned and operated by Anthony Davis, is an on-line based music licensing service specializing in the licensing of original, pre-mixed, Hip Hop and R&B music tracks for demos, promotional use, websites, mixtape/street/underground albums, radio plays and is provided to you (the customer) subject to the Terms & Conditions set forth herein (Terms) and any operating rule or policy that may be posted here from time to time by Trillbeats.com. BY LICENSING, ACCESSING AND USING AND/OR DOWNLOADING CONTENT FROM THIS WEB SITE (Trillbeats.com), YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. Modifications and/or Revisions We reserve the right to modify and/or revise these Terms & Conditions from time to time. You will be responsible for reviewing these Terms and Conditions to make yourself aware of such modifications and/or revisions. Modifications or revisions will be posted in these Terms & Conditions, and your use or continued use of Trillbeats.com after such changes have been posted will constitute your agreement to the modified and/or revised Terms & Conditions and all of the changes. You will be responsible for reading these Terms & Conditions each time you access, and prior to using, Trillbeats.com. By purchasing from Trillbeats.com, you obtain an automatic license, privelage, and authority to use any Instrumental Track(s) purchased from Trillbeats.com for profitable purposes, including but not limited to, commercial albums(LP's and EP's), Online albums, mixtapes, background music for personal and promotionalwebsites, Demo's, talent shows, and online music community websites (ex. Soundclick.com, Mp3.com), where you are showcasing your original music. Beats can be used on any commercially released cd, album, ep, lp or mixtape ROYALTY FREE as long as the total copies sold is 50,000 k or less. Any beat licensed from www.Trillbeats.com used on any commercially released album,registered through Sound Scan, that sells 50,001 k copies or more, may be sought after for standard producer royalties for each individual track used on the said cd, album, ep, lp or mixtape produced by www.Trillbeats.com. You may also use any licensed beat for various personal use, including but not limited to, practicing for singing, song-writing, rapping, and/or performing within the restrictions according to the license. In which said Music Track(s) were acquired either by download from Trillbeats.com, e-mail from our staff, and by U.S Mail or according to the restrictions of the Music Track(s) purchased. The territory covered by this license is the universe. The compensation Trillbeats.com will receive from customer is the amount of $13.99 per Instrumental (additonal shipping fees may apply). Accordingly, Customers shall give credit to owner of music (e.g., produced by Anthony "Blaze Right" Davis/Trillbeats.com) on any and all printed material(s) that accompany mediums which contain music owned by Trillbeats.com or owners or staff of Trillbeats.com. Trillbeats.com warrants that it or its owners have the right to grant this license to other customers, that it owns and controls one hundred percent (100%) of the right, title and interest in and to said music and Music Track(s) (Instrumentals/Beats) referred to herein and that the use of said Music Track(s) hereunder will not violate the rights of any third party. Subject only to the rights herein above granted to Licensor, all rights of every kind and nature in said Music Track(s) are reserved to www.Trillbeats.com, together with all rights of use thereof. However, in no event shall Customer have less rights than a member of the public would have in the absence of this license. This license shall be governed by and subject to the laws of the State of Virginia applicable to agreements made and to be wholly performed therein. This represents the entire agreement between you (the customer) and Trillbeats.com with regard to the use of said Music Track(s).Customer may not license the same musical track (Instrumental) more than once. Once you license a track you can use it for the license agreement and may not repeat it at anytime. In the event that any instrumental is bought for exclusive rights by any Major Label or Major artist then your license will no longer be allowed. You will forfeit all rights back to www.Trillbeats.com. Payments By submitting such credit card information, you give Trillbeats.com permission to charge, through our merchant account, all fees incurred through your account to the credit card you designate on the Order Form. All fees will be charged at the time they are incurred. If payment cannot be charged to your credit card or your payment is returned for any reason, including charge back, Trillbeats.com reserves the right to terminate your license. Non-Transferability of License Your right to license Trillbeats.com Instrumentals are personal to you and only you. You may not sub-license, transfer, sell or assign this Agreement to any third party without our approval. Any attempt to do so will be void and legal action may be taken. No-Refund Policy There are no-refunds on any licensed tracks purchased by you (the customer). Proprietary Rights and Use of Web Site Content Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained within the web site located at http://Trillbeats.com is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and the customer is permitted to use this Content only as expressly authorized by Trillbeats.com or the Advertiser, as applicable. The Terms do not transfer any right, title, or interest in the contents of Trillbeats.com to the customer and the customer may not reproduce, copy, distribute, sell, resell, create derivative works, or otherwise exploit this web site, or any portion of this web site, without the express prior written consent of Anthony "Blaze Right" Davis. Content may be displayed and printed solely for your personal, non-commercial use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We reserve the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL www.Trillbeats.com, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, including but not limited to reliance on information obtained from this web site, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from Acts of God, communications failure, theft, destruction or unauthorized access to Trillbeats.com programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT Trillbeats.com IS GIVEN NOTICE OR HAS BEED ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS OR SERVICES AVAILABLE FROM Trillbeats.com OR ITS SUBSIDIARIES AND AFFILIATES. Additional Questions or Concerns. If you have any questions or concerns regarding these Terms & Conditions, they should be directed to contact@Trillbeats.com. Please report any violations to these Terms to contact@Trillbeats.com |