Terms And Conditions
Auctionhousebeats.com Terms of Service
Welcome to auctionhousebeats.com (the “Site”). auctionhousebeats.com is owned and operated by Auction House Beats, LLC. These Terms of Service ("Terms") govern your use of auctionhousebeats.com, including purchase of beats (the “Services”). By browsing or using the Services, you are agreeing to be bound by these Terms. Please read them carefully. If you have any questions about these Terms, please e-mail us at email@example.com
What is auctionhousebeats.com? auctionhousebeats.com is a portal to facilitate the sale of beats created by some of the most talented Producers around to artists. The site does not own the beats that are for sale on auctionhousebeats.com – the producers do, at least until you, the artist, purchase them.
“Exclusive Beat Auction” means that a particular beat has not been previously licensed or used to create derivative works. This is a requirement for beats listed on Auctionhousebeats.com. By using this platform, producers agree to adhere to this requirement and are the responsible parties for any unauthorized use. Auctionhousebeats.com is not liable for any losses or damages due to stolen, previously leased, or otherwise unauthorized use of beats.
“Auction House Exclusive Sale” means that a particular beat has not previously been made available for sale or uploaded to any other site, including social media sites.
“Wallet” refers to our in-house credit system used to place bids and make purchases. They are represented on a 1:1 per dollar basis in USD. i.e. $100.00 in the wallet represents $100 USD.
“Shell bidding” refers to the process of a user creating two accounts with the intent of fraudulently driving up the price of a bid to an auction they have listed using a different account.
Work-Made-For-Hire, Credit. All beats purchased from Producers via auctionhousebeats.com grant the artist exclusive rights to create derivative works and is subject to the limitation in Paragraph 4 below. Auction House Beats, LLC, shall have no right to additional compensation, including royalties, from the exploitation of works incorporating the beats lawfully purchased from a Producer.
Producer Credit. You agree to credit the Producer under his/her/their Professional Name provided in this Agreement (and provided via click-through menus associated with your purchase) on all physical copies of works incorporating the beat, as well as in the metadata of digital copies of said works. Beats sold on this website may or may not be works-for-hire. It is the sole responsibility of the artist to understand and to fulfill the specific contractual obligations for each purchase.
4. Backend Royalties. Producers may request back end royalties, which are a percentage of revenue generated from the exploitation of the sound recording. In such cases, you agree to be held responsible for making such payments. Auctionhousebeats.com is not liable nor responsible for ensuring additional compensations outside of our upfront website fee.
5. Shell Bidding. Shell bidding is strictly prohibited and any user caught fraudulently raising the price of an auction will receive an automatic ban from the website and will forfeit all wallet funds associated with all accounts they own.
6. Wallet Cashouts. In order to preserve auction integrity, deter shell bidding, and cover Paypal fees, all cashouts from the user’s wallet will be paid at 95% of the wallet amount (5% transaction fee).
7. Sales Commission. There will be a 35% sales commission on all beats sold using a free account and a 15% sales commissions on all beats sold using a Pro account. This amount is subject to be changed at any time without prior notice.
8. Bidding Policy. All bids are final and credits are automatically subtracted from your wallet when a bid is placed. In the event of another user making a higher bid, the funds are then deposited back into your wallet and are available to place other bids or to cashout.
9. Refund Policy. Auctionhousebeats.com does not offer refunds of any kind from any purchases including but not limited to subscriptions, wallet deposits, and beats purchased. All ownership, copyright, and use of beat disputes are between the artist and producer. A user may cash out their wallet at any time which may be subject to transaction fees.
10. Transaction Fees. When a user cashes out their wallet they will be paid in the amount of 95%. (wallet amount - 5% transaction fee). This amount is subject to change at any time without notice.
13. Modifications. We may modify these Terms of Service at any time. Continuing use of any of the Services after modification constitutes acceptance of the updated Terms.
14. License And Name Usage. You agree to grant Producer and Auction House Beats, LLC, a non-exclusive, gratis perpetual and worldwide license to use your name, likeness and the name of any work created utilizing a beat subject to this Agreement for portfolio and marketing purposes on their websites and promotional materials.
16. Third Party Interaction. Advertisements for or links to other services, applications, or websites not under the control of or maintained by Auction House Beats, LLC do not constitute an endorsement unless otherwise stated. Auction House Beats, LLC, is not responsible for the business practices of third party advertisers or content of advertisements.
17. Disputes. By utilizing the Services, you acknowledge and agree that any dispute over a beat purchased via the auctionhousebeats.com is between the Producer and you, and that you agree to indemnify and hold Auction House Beats, LLC harmless. In the event Auction House Beats cancels a sale, you are not guaranteed a refund and agree to indemnify and hold Auction House Beats, LLC harmless.
18. Limitation of Warranties and Limitation of Liability. YOUR USE OF AND ANY RELIANCE UPON THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION, MATERIALS, DOWNLOADED DATA AND ADVICE IS AT YOUR OWN RISK. Auctionhousebeats.com and Auction House Beats, LLC, requires Producers to warrant that all beats made available for sale on the auctionhousebeats.com are wholly original works created by the Producer and do not infringe on the intellectual property or privacy rights of any third party. Auction House Beats, LLC, expressly disclaims the fitness of said beats for any particular purpose or guarantee any particular result. The Services are provided to you on an “as is”, “as available” and “where-is” basis, without any further warranties, representations or guarantees of any kind. Any claim for infringement or indemnification as a result of infringement shall be made against the Producer, with Auction House Beats, LLC, held harmless. To the maximum extent permitted under applicable law, Auction House Beats, LLC disclaims all representations, warranties and guarantees, whether express or implied, statutory or otherwise, including, but not limited to any implied warranty or condition quality, merchantability, fitness for a particular purpose, or those arising out of a course of dealing, custom, or usage or trade. Auction House Beats, LLC, shall not be liable to you or any third party for any damages of any kind, including but not limited to direct, indirect, incidental, consequential or punitive damages, or lost profits or revenue or failure to realize expected benefits arising from or connected with the Services. Auction House Beats, LLC, assumes no responsibility or liability for malfunctions or other problems with any hosting services, computer systems, servers or providers, equipment or software used in connection with the Services. Auction House Beats, LLC is not responsible for any damage resulting from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.
19. Governing Law. Any action related to these Terms will be governed by the law of the State of Minnesota and the United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Minnesota, United States of America, for the resolution of all disputes arising from or related to these Terms and your use of the Services.
21. Headings. The headings in these Terms are solely for the convenience and reference of the parties hereto and are not intended to be descriptive of the entire contents of, or to affect, any of the terms or provisions hereof.
22. Subscription. Auction House Beats LLC has a non-refundable subscription fee.
23. Severability. If any term or provision of these Terms or the application thereof shall be invalid or unenforceable, such term or provision shall be severed from these Terms and the remainder of these Terms shall be unaffected thereby be valid and be enforced to the fullest extent permitted by law.
Contact Us. If you have any questions about these Terms, you may contact us at: firstname.lastname@example.org.
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