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Terms and Conditions

This document sets out the Terms and Conditions (the “Conditions”) for use of the Audio Beast Ltd Website www.audiobeast.com (the “Website”). It constitutes a legal agreement between you and Audio Beast Ltd (“we”/”us”/”our”). You must read all these terms before using the Website and/or downloading and/or streaming any music and/or other material. You must also read our Privacy Policy before using the Website and read our customer License Agreement (“License Agreement”) before purchasing anything. If these Terms and Conditions and/or our Privacy Policy are not acceptable to you please do not use the Website. If our License Agreement is not acceptable to you please do not purchase “Content” usage rights from us. You will be required to affirmatively click a box (and/or equivalent) on the Website to confirm your acceptance of the License Agreement before you can purchase any said usage rights.

  1. All the material on the Website including without limitation any sound recordings, lyrics, photographs, videos and/or any part thereof (“Content”), is owned by us and/or licensed to us by our licensors and/or content providers. All compositions (including lyrics and/or music) are published by us. Copying any of the Content (and/or using any part of the Content) other than in accordance with the Conditions is strictly prohibited without our written permission. The layout, design, appearance and category structure of the Website is our property and no part thereof may be copied and/or adapted without our written consent.
  2. We grant you a non-exclusive, non-transferable license to privately audition, assess and evaluate such part of the Content as we make available for evaluation on the Website, subject to the provisions set out in these Conditions (and in our Privacy Policy). In order for you to use any part of the Content (other than for your personal private evaluation purposes) you must first enter into the License Agreement in respect of the relevant Content (and only use the relevant Content in accordance with the relevant License Agreement). The License Agreement will only be deemed concluded following our separate written confirmation of that fact. Where you wish to use more than one recording/composition you will be required to enter into separate License Agreements with us (unless all the Content you are licensing from us is for the identical purpose and is within the identical Fee category). Any rights not specifically granted herein are expressly reserved by us. Content may be made available to you for evaluation in such format(s) and via such methods as we decide in our discretion.
  3. You undertake not to alter, modify, copy, duplicate, perform, broadcast, re-title, display, distribute, post to any website, share, incorporate into another product, and/or otherwise exploit (whether freely and/or commercially and/or promotionally) any of the Content in any manner (via any method now known and/or invented in the future) save pursuant to a License Agreement which you have concluded with us (as set out in Clause 2 above). You also undertake not to remove and/or alter any logos, trade marks, community marks, copyright info, metatags, information and/or anything else we use and/or apply in relation to the Content. The names AudioBeast, Audio Beast and/or anything substantially similar thereto and www.audiobeast.com and/or www.AudioBeast.com are our trading names.
  4. You undertake to indemnify us and our designees on demand from any damages, costs (including without limitation our legal costs on an indemnity basis), expenses, liabilities and/or loss arising directly and/or indirectly from your breach of this Agreement in any manner.
  5. The Conditions are subject to the laws of England whose courts shall have exclusive jurisdiction. Notwithstanding the foregoing, we may elect to bring proceedings in any country (and under any jurisdiction) for the purposes of enforcing our rights in such country.
  6. We may alter the provisions of the Conditions (and/or of our Privacy Policy and/or License Agreement, including prices, with prospective effect) whenever we wish. We will post any changes on the Website. Your continued use of the Website after we have posted changes to the Conditions (and/or other documents) on the Website means you accept the said changes.
  7. You are granted a non-exclusive, revocable and limited license to create a hyperlink to the home page of the Website. You undertake that the hyperlink will not portray us and/or our products and/or our services and/or the Website in what we consider to be a false and/or misleading and/or derogatory and/or offensive manner. We reserve the right (if we so wish) to require you (for any reason) to remove any hyperlink from your website and/or social media site and/or equivalent. You may not use any of our trading names and/or logos as part of the hyperlink without our express written consent.
  8. If any part of the Conditions (including without limitation any part of any clause) is deemed to be void or unenforceable under applicable law this shall not effect the rest of the Conditions (and/or the rest of the relevant Clause).
  9. No action by us (save for an express written waiver or amendment) shall be construed as a waiver or amendment of any part of the Conditions.
  10. The Conditions, our Privacy Policy (and if relevant, License Agreement) set out the entire agreement between us and you relating to your use of the Website.
  11. You undertake that you are at least eighteen years old (or have attained the age of majority in your country of residence if an older age applies there). You also warrant that you own the computer and/or device via which you connect to the Website.
  12. The ability to access all the facilities provided by the Website depends upon you being accepted as a registered user of the Website. To complete the registration process you will need to provide certain information and register an email address and/or username and password for use with the Website. You are responsible for maintaining the confidentiality of your email and/or username and password and also for all activities, which take place when your username and password are used to log in to the Website. You shall keep your password and username private and confidential and not disclose them to any third party. You agree to notify us immediately in writing if you become aware of any unauthorized use of your email and/or username and/or password or any other breach of security. In no event will we be liable for any indirect and/or consequential loss and/or damage whatsoever resulting from the disclosure and/or unauthorized use of your email and/or username and/or password.
  13. We shall have the right to terminate your access as a registered user of the Website and the Content and/or any services provided by us without notice at any time, for any reason, including without limitation due to breach by you of any of these Terms and Conditions. You agree that we shall not be liable to you and/or any third party for any termination of your access to the Website and/or its Content the Services including the suspension or discontinuance of the Website and/or the Services. Where you have commercially licensed Content from us, termination rights in respect of the Content you have previously licensed shall be dealt with in accordance with the License Agreement concluded between you and us.
  14. We are not liable for any loss and/or delay caused by circumstances beyond our reasonable control including without limitation Act of God, strike, riot, terrorist activity, fire, accident or emergency, changes in law or regulations, trade embargo, interruption of web/internet services (and/or interruption of other services on which we rely) and/or other event.
  15. The Fees specified in the Website (and/or the relevant License Agreement) for use of the Content are (where required by law) subject to value added tax (“VAT”). The VAT element on any Fees will be brought to your attention (if not already included in the designated Fee). VAT rates may change from time to time and we reserve the right to add to the relevant Fee whatever is the then prevailing VAT charge thereon.
  16. Fees are payable in the currency specified on the Website. Your credit card company (and/or entity you use to transmit the Fee) will normally calculate your local currency equivalent and you are responsible for any card charges and/or other charges that may be incurred in relation to any purchase and/or payment of any Fee.
  17. You must not use the Website (and/or its Content) in any way that causes, and/or is likely to cause the Website and/or access to it to be interrupted, damaged and/or impaired in any way. You are responsible for all electronic communications and/or content sent from your computer and/or other device and you must use the Website (and/or its Content) for lawful purposes only. By way of example only, you must not use the Website (and/or its Content) for fraudulent purposes, and/or in connection with a criminal offence and/or other unlawful activity and/or to transmit, use and/or reuse in connection with any material that is unlawful and/or illegal, and/or abusive and/or indecent and/or offensive and/or defamatory and/or obscene and/or menacing and/or in connection with anything that infringes any copyright, trademark, community mark, confidence, privacy and/or any other right and/or which otherwise potentially and/or actually damages any third party and/or which contains malware, Trojans, viruses and/or equivalent and/or political campaigning, commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any ‘spam’. You also agree not use the Website and/or its Content to cause annoyance, inconvenience and/or anxiety to any person and/or other entity.
  18. We use all reasonable endeavors to ensure the Website is accurate but to the extent permissible in law we exclude liability for any breach of warranty and/or undertaking on our part, express or implied (including by way of example those related to clean title, merchantability, satisfactory quality and/or fitness for a particular purpose). We will not be liable for damages of any kind arising from your and/or any party’s use of the Website and/or its Content, and/or any inability to use the Website and/or its Content and/or for any matter related to the performance of the Website. The aforesaid exclusion of liability includes by way of example only, direct, indirect, consequential, punitive, exemplary, incidental and/or special damages and/or for costs and/or loss of profit) save for liability arising for loss and damage directly caused by our fraudulent misrepresentation. Notwithstanding anything to the contrary herein (and/or in the Website) we shall not be liable (whether under our License Agreement and/or otherwise) where a provider of Content has misrepresented to us, his/her/its rights in the relevant Content. Save as expressly stated to the contrary in these Conditions and/or elsewhere on the Website, and/or as otherwise required by applicable law, the exclusions on our liability apply equally to our directors, employees, officers, licensors, contractors, content providers, shareholders, affiliates and/or other representatives. The aforesaid exclusions of liability also shall apply whether or not we have been advised of the possibility of such damages.
  19. When you license Content from us you will have an opportunity to check the details and correct any errors. We debit the Fee immediately but this does not indicate acceptance of an order. We reserve the right to reject orders and will notify you of this. On rejection, relevant Fees already paid will be repaid. Although we try to ensure prices on our Website are accurate, if the wrong price appears through clerical or other error we reserve the right to give you (after you place your order) the option of a refund or delivery at the correct price.
  20. When you place an order with us, we and/or the payment processor will send you an email confirming receipt of your order. That email will contain details of your order. Your order represents an offer to us to purchase the right to use Content in accordance with our License Agreement, Privacy Policy and Conditions and your offer will be deemed accepted by us when we and/or the payment processor send the aforementioned email to you. If we are unable to supply files for which you have already paid we will (within 7 days of us receiving the cleared Fee) notify you and refund the relevant Fee (or part thereof) that you have already paid. In order to make any refund we will require you to supply us with your bank account details and/or such other information as may be required to make that refund.
  21. Where you wish to license Content from us and enter into our License Agreement, in deciding whether to accept your license request we and/or the payment processor may use the information you have given to us, and/or we already hold about you, and/or which we receive from any enquiry we may make with a credit reference agency, to confirm your identity. The credit reference agency may check any details we disclose to them against any database (public or private) to which it has access and will keep a record of that check. The said agency may also retain the information we give it and may use it in the future to assist other companies with identity verification. If we decline your offer on security grounds we may contact you to seek an alternative payment method.
  22. As required by The Consumer Contracts Regulations (the “Regulations”), below is a summary of the information you must receive prior to concluding a contract with us:
    1. Supplier: The supplier of the Goods/Services is Audio Beast Ltd, Registered in England, Company Number 9443571, VAT Reg No. GB 209 4161 25 of 20-22 Wenlock Road, London, N1 7GU, United Kingdom, email: hello@audiobeast.com
    2. Main Characteristics of Goods and Services: As described on the part of the Website setting out what Goods and/or Services you are ordering.
    3. Total Price of the Goods and/or Services: as set out in the relevant Schedule of Charges and/or equivalent (within the License Agreement) and/or as set out elsewhere in the Website.
    4. Delivery Costs: All Goods sent by email and/or other electronic delivery system. No Charge for such delivery.
    5. Arrangements for Payment of Fees, Delivery of Goods, and Performance: Payment of Fees is to be dealt with by you online, unless otherwise agreed in writing with us, via PayPal, credit card, debit card or any such other payment systems we accept. The procedure for payment is explained in the Payment section (or equivalent) of the Website. Delivery (of files) will be made via email and/or via a download link made available in your user area on the Website). All orders are subject to our approval and we reserve the right to reject any order (and/or part thereof). Transmission to you of the Content you have ordered (or such part thereof as we have accepted), and/or your downloading thereof, shall constitute our performance of the License Agreement.
    6. Statutory Right to Cancel: Under the Regulations you may have a statutory right of cancellation, subject to certain exceptions. By submitting your order you recognize and agree that we and/or the electronic delivery provider will start providing the ordered Content very shortly after we approve your order. The decision to approve your order will generally take place within minutes of you submitting your order. You expressly recognize and irrevocably agree that the transmission of the relevant Content to you or the downloading of it will cause you to lose the statutory right you have under the Regulations to cancel your order. You also hereby expressly and irrevocably consent to our and/or the electronic delivery provider providing the ordered Content to you (or such part of it as we are able to supply) immediately or promptly following the placing of your order.
    7. Validity Period of Offer or Price: We reserve the right to increase prices from time to time by notice to you but not after an order has been placed (in respect of the Content ordered).
    8. Minimum Duration of the Contract: Orders will be processed on a one-off basis, you will be expected to pay in full when making the Order and no minimum duration applies in respect of current Content. The period during which you may use Content licensed from us under our License Agreement shall be addressed in the License Agreement.
    9. Substitute Goods or Services: We reserve the right to modify the content or the nature of the Goods and/or Services upon notice to you.
    10. Information on After Sales Service and Guarantees: Save as set out in our relevant License Agreement, we do not provide any guarantees with the supply of Content or offer any after-sales service.
    11. Sound files will be supplied as 24-bit 48k WAV files and/or 320kbps mp3 files. The mp3s we supply will be usable with the majority of PCs and Macs currently manufactured.
    12. Reference to www.audiobeast.com (and/or to AudioBeast, Audio Beast and/or anything substantially similar thereto) shall be deemed to include any spelling thereof and/or any mix of capitals and/or lower case, whether with and/or without the www prefix.

Last updated 23rd September 2016

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