Terms
TERMS OF SERVICE AND CONDITIONS
Effective Date: October 16th, 2025
IMPORTANT NOTICE: By accessing or using the website www.beat2k.com (the "Website"), or by purchasing any music, instrumental, or beat files (collectively, "Products") from the Website, you ("Purchaser," "User," or "you") agree to be bound by these entire Terms of Service and Conditions (the "Agreement"). This Website operates exclusively as a purchasing environment; no seller accounts or functionalities are supported. **If you do not accept this Agreement, you must leave the Website and discontinue use immediately.**
PART I: TERMS OF SERVICE – EXCLUSIVE SALE & OWNERSHIP TRANSFER
1. Warranty of Originality and Exclusivity
- 1.1. Warranty of Originality
- The Website Owner represents and warrants that all Products (beats, instrumentals, and songs) offered for sale on the Website are **100% original musical works** created by the Website Owner or its authorized content creators. These Products are warranted to be free and clear of any encumbrances, liens, or third-party claims, unless explicitly noted (e.g., if a cleared sample is used, which must be fully documented).
- 1.2. Authority to Sell
- The Website Owner warrants that it is the sole and exclusive owner of all rights, titles, and interests in and to the Products and has the full legal right and authority to enter into this Agreement and assign all ownership rights to the Purchaser.
2. Purchase, Payment, and Non-Refundable Policy
- 2.1. Finality of Sale and No Refunds
- **ALL SALES ARE FINAL.** Due to the nature of digital goods, which are instantly delivered and irretrievable once downloaded, all purchases made on the Website are strictly **non-refundable** and non-exchangeable. The Purchaser acknowledges and agrees that once a Product is purchased and the download link or file is made available, the transaction is complete and irrevocable.
- 2.2. Exception to Non-Refundable Policy
- The only exception is if the purchased Product file is proven to be technically defective or corrupted, and the Website Owner is unable to provide a functional replacement file within a reasonable period (not to exceed seven (7) business days).
- 2.3. Payment
- The Purchaser agrees to pay the stated price for the Product through the accepted payment methods. The Purchaser bears all responsibility for ensuring accurate payment information and for paying any governmental taxes and fees associated with the purchase, including, but not limited to, sales, use, or Value-Added Taxes (VAT). **Paying taxes of any kind for purchased Products IS NOT the responsibility of the Website Owner.**
3. Complete Assignment of 100% Exclusive Ownership
- 3.1. 100% Exclusive Ownership Transfer
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Upon successful and verified full payment of the Purchase Price for a Product, the Website Owner shall and hereby does **irrevocably ASSIGN, TRANSFER, and CONVEY** to the Purchaser all right, title, and interest, in and to the Purchased Product. The Purchaser shall be in **100% exclusive ownership** of the said purchase. This complete transfer includes:
- **100% of the Master Recording Copyright:** Full ownership of the sound recording.
- **100% of the Composition Copyright:** Full ownership of the underlying musical work, lyrics (if applicable), and all publishing rights.
- **Full Exclusive Rights:** The exclusive, perpetual, worldwide right to use, reproduce, adapt, modify, perform, display, distribute, and otherwise exploit the Purchased Product and any derivative works in any and all media, without any further royalty or compensation due to the Website Owner.
- 3.2. Website Owner's Loss of Rights
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Following the successful purchase and transfer, the Website Owner:
- Relinquishes all rights and titles to the Purchased Product.
- Is expressly prohibited from reselling, relicensing, or otherwise distributing the Purchased Product to any other third party, non-exclusively or exclusively, in any form.
- Cedes all rights to collect any past, present, or future royalties, including mechanical, public performance, or synchronization royalties, associated with the Purchased Product, to the Purchaser.
- 3.3. Right to Register Copyright & Cooperation
- The Purchaser shall have the sole and exclusive right to register the copyright in the Purchased Product in their name (or their designated entity's name) with any relevant governmental or intellectual property office. The Website Owner agrees to execute any documents reasonably necessary to effectuate this ownership transfer and copyright registration.
4. Purchaser's Post-Transfer Obligations & Risk
- 4.1. Assumption of All Legal Duties
- Upon the transfer of ownership, the Purchaser expressly assumes all legal and administrative burdens associated with the Purchased Product. This includes, but is not limited to, the Purchaser’s sole responsibility for registering the work with all relevant Performance Rights Organizations (PROs) and Mechanical Rights Organizations (MROs) globally, and filing the copyright.
- 4.2. Responsibility for Clearance
- The Purchaser is solely responsible for ensuring the Purchased Product, and any new works created with it, comply with all legal requirements in their respective jurisdiction for subsequent commercial use, release, and distribution. Any additional materials (e.g., samples) added by the Purchaser to the Purchased Product are the sole responsibility of the Purchaser to clear.
- 4.3. Delivery, Risk of Loss, and Archival
- The Purchased Product will be made available to the Purchaser via a digital download link immediately after verified payment. Risk of loss and title for the Product pass to the Purchaser upon making the download link available. The Purchaser is solely responsible for promptly downloading and securely storing an archival copy of the Purchased Product. **Purchased files are available for download for a period of Fifteen (15) days from the date of purchase.** After this period, the Website Owner is under no obligation to re-upload files or provide new links, and the Purchaser has no right to claim a refund or file re-upload.
PART II: TERMS & CONDITIONS – GENERAL WEBSITE USE
5. Acceptance, Eligibility, and Modification
- 5.1. Acceptance
- By accessing the Website or using the services, you acknowledge that you have read, understand, and agree to be bound by this entire Agreement.
- 5.2. Eligibility
- You represent and warrant that you are **13 years of age or older**. If you are under the age of 18 but older than 13, you possess legal parental or guardian consent to use the Website and Services. The Website is not intended for children under 13 years of age.
- 5.3. Modification
- We may modify this Agreement from time to time by posting the amendment(s) on the Website, and such modifications shall be effective upon such posting. By accessing or using the Website after any modification, you agree to be bound by all such modifications.
6. Proprietary Rights (Website Content)
- 6.1. Website Content Ownership
- The Website and the Services contain text, files, photos, graphics, logos, and other content and materials (collectively, "Website Content") belonging to the Website Owner. All Website Content, including the design and arrangement thereof, and all Website Trademarks are protected by intellectual property laws.
- 6.2. Limited License
- The Website Owner grants you a limited, revocable, non-sublicensable, non-transferable license to reproduce and display the Website Content solely for viewing the Website and using the Services as provided in this Agreement. You shall not use, copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, reproduce, publicly display, republish, download or sell any Website Content unless expressly authorized.
- 6.3. Trademarks
- You shall not copy, imitate or use any Website Trademark, domain name, or any other feature of the Website or the Services without the prior written permission of the Website Owner.
7. Prohibited Content and Activity
- 7.1. Prohibited Activity
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You are prohibited from engaging in any activity on the Website that, in the sole discretion of the Website Owner:
- Constitutes copyright, trademark, or patent infringement, theft, or unauthorized disclosure of trade secrets.
- Uses any information obtained from the Website in order to contact, advertise to, solicit, or sell to any other User without the Website Owner's prior explicit consent.
- Interferes with, disrupts, or creates an undue burden on the Website or its networks.
- Attempts to impersonate another User or person.
- Involves the automated use of the Website, such as using scripts to send comments or messages, or crawling the Site for data.
- 7.2. Monitoring and Enforcement
- The Website Owner reserves the right to investigate and take appropriate action, including, without limitation, legal action, against anyone who violates this Agreement. The Website Owner is not responsible for the conduct of any Users.
8. Indemnity and Limitation of Liability
- 8.1. Indemnification
- You agree to indemnify and hold harmless the Website Owner and its related parties (affiliates, directors, employees, agents, etc.) from and against any and all claims arising out of or related to: your access to or use of the Website or the Services; your breach of any of your representations, warranties, or covenants contained in this Agreement; or your violation of any third-party right, including without limitation any copyright, patent, trademark, property, or privacy right.
- 8.2. Warranty Disclaimer
- THE WEBSITE AND ALL PRODUCTS ARE PROVIDED ON AN **"AS-IS" AND "AS-AVAILABLE" BASIS.** EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.1 (WARRANTY OF ORIGINALITY), THE WEBSITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- 8.3. Limitation on Liability
- In no event shall the Website Owner or any of its related parties be liable to you for any special, indirect, reliance, incidental, punitive, exemplary, or consequential damages of any kind, lost profits, lost revenue, or loss of business. The aggregate liability of the Website Owner and its related parties for any and all claims arising under or related to this Agreement shall be limited to the lesser of: One hundred dollars ($100.00 US); or, The fees actually paid to and retained by the Website Owner for the specific Product or service giving rise to the liability.
9. Governing Law and Dispute Resolution
- 9.1. Governing Law
- This Agreement shall be construed under the laws of the **State of Florida**, without regard to its conflict of laws rules.
- 9.2. Agreement to Arbitrate
- You and the Website Owner agree that any and all claims and disputes arising between you and us pursuant to this Agreement shall be resolved exclusively through **final and binding arbitration.** The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures.
- 9.3. Class Action Waiver
- You and the Website Owner agree that each of us may bring claims and disputes against the other only on an **individual basis** and not as a plaintiff or class member in any purported class or representative action or proceeding.
10. General Provisions
- 10.1. Entire Agreement
- This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Website Owner regarding your access to the Website and use of the Services, superseding all prior and contemporaneous agreements, whether oral or written.
- 10.2. Assignment
- You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of the Website Owner. This Agreement shall be binding on the parties and their respective successors and permitted assigns.
- 10.3. Acts of God
- The Website Owner shall not be liable for any delay or failure in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation, acts of God, war, terrorism, fire, flood, pandemic, or power/Internet failure.
11. CONTACT INFORMATION
For any questions or concerns regarding this Terms of Service and Conditions, please contact us at:
Website: www.beat2k.com
Email: info@beat2k.com