TERMS & CONDITIONS
On Beatgain.com you can buy lincenses to use handpicked music and sound effects.
By using our website and/or purchasing a license from us, you agree to be bound by the following terms and conditions and this shall serve as an agreement between Eclipse s.r.l. (hereafter “Beatgain.com”, or “We” or “Us”) – with its legal office in set in “Manfredi di Svevia” street , 2/A, 82100, Benevento, Italy, VAT n. 01658470628 - and you (hereafter “You”, or “User” as applicable) which may be legally enforced against both parties.
Please read these terms carefully and do not hesitate to contact Us if you are unclear about any of them because your use of Beatgain.com is conditional on your acceptance to be bound by these terms.
Section 1 – Preliminary terms
Recording: a certain piece of recorded music – both soundtracks and sound effects – available for license from Beatgain.com;
End product: a work that incorporates the Recording as well as other things, so that it is larger in scope and different in nature than the Recording
2. Purchase of Recordings
When You buy a Recording on BeatGain, You acquire the right to use it, You're not actually acquiring the Recording itself.
You acknowledge that by Your download the ownership of the Recording does not get transferred to You and You may not claim this ownership, even if the Recording is synchronized with your own End Product.
What You get with your purchase includes an ongoing, limited, non-exclusive, non transferable, worldwide license to use the Recording in accordance with these terms and conditions.
The specifics pertaining to all the license types are set in sections 2 and 3.
You hereby agree to pay Beatgain a certain license fee according to our Site rates.
4. Permitted use
Recordings licensed hereunder are for your own personal or organizational usage only. You may use the Recording for your personal End Products and/or professional Products you undertake for your clients.
5. Recordings previews
Previews of Recordings are available for download on the Site, but they are for internal testing and client approval purposes only and cannot be used for any other purpose including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media or video synchronization.
Section 2 – Soundtracks terms
6. Licensed use
We offer three different licenses that cover multiple uses of the Soundtracks. You can find the details for each license below.
- Standard License
Our Standard license allows you to use the Sountracks in an unlimited number of End Products in the following ways:
• both commercially and not Commercially distributed End Products to be used on the web, including but not limited to:
- a) online streaming (YouTube, Vimeo, Netflix, Hulu, Amazon Prime, websites)
- b) website and social media;
- c) web advertising (including as part of pre rolladvertising)
- d) in Podcasts.
• any project that is not commercially distributed, or otherwise expressly set forth as an Extended/Premium License use case, including but not limited to:
- a) corporate videos,
- b) videos and slideshows sold to third parties for non-commercial use (e.g. wedding videos),
- c) apps and video games,
- d) film and theatre (student, film festival)
TV & radio programming (pilots, public broadcasting).
You are also licensed to use music for revenue-generating apps&games and film&theatre up to 1000 units.
- Extended License
In addition to the uses allowed by our Standard License, this license allows you to use the Sountrack in one single End Product in the following ways:
• for commercially distributed End Products;
•in National advertisement (that is distributed in a single State) on television (whether distributed via broadcast, cable, or in an “on-demand” context), on the radio, out of Home (e.g., digital billboard) or in theaters;
•in a film or theatre production, provided the budget for such film or theatre production does not exceed (USD) $2,000,000.
•in point of sale locations, provided all such locations are located within a single State, including but not limited to usage in shopping malls, point of sale systems, in-store displays, howroom videos, trade shows, industrial fairs and exhibitions.
- Premium License
In addition to the uses authorised by the Extended license, this license allows to use music:
• in International TV and Radio production (without any limitations due to the provided budget);
• in International TV or Radio Advertising;
• in point of sale locations located in different States for 1 Year.
7. Limitations of use
You may not:
• sell, transfer, sublicense, share, give away or otherwise assign the Sountrack or your rights granted hereunder to any other party.
• redistribute the Sountrack (or otherwise make it available) in any manner that would enable a third party to download it as a separate file, such as in e-card templates or website templates;
• resell the Sountrack by itself or as part of a package except solely as embodied within your End Product.
• resell the Sountrack (or otherwise make it available) as part of any competing product such as music compilation or music library.
• sell the Soundtrack (or otherwise make it available) as, or as part of, your music or as your song, even if it has been transformed or edited, or if you add other instruments or vocals to the music.
• claim to be the creator or copyright holder of the Soundtrack or of any derivative work created from the Recording.
Section 3 – Sound Effects terms
8. Sound Effects permetted use.
You are licensed to use the the Sound Effects in an unlimited number of End Products for the following types of projects: TV, Radio, films, film festivals, iPhone/iPad/Android/Facebook apps, web videos (YouTube, Vimeo, etc.), websites, podcasts, softwares, video games, e-cards, slideshows, Powerpoint, Flash, animations, audio on-hold, wedding videos, corporate videos, as a ringtone (for personal use), or for your own personal enjoyment.
9. Limitations of use
You may not:
• sell, transfer, sublicense, share, give away or otherwise assign the SoundFX or your rights granted hereunder to any other party;
• redistribute the SoundFX (or otherwise make it available) in any manner that would enable a third party to download it as a separate file, such as in e-card templates or website templates;
• resell the SoundFX by itself or as part of a package except solely as embodied within your End Product;
• resell the SoundFX (or otherwise make it available) as part of any competing product such as music compilation or music library;
• use or redistribute the Sound as a part of telephone or mobile phone ringtones;
• sell the Sound FX(or otherwise make it available) as your own even if it has been transformed, remixed or edited, or if you add other instruments or vocals to the music;
• claim to be the creator or copyright holder of the SoundFX or of any derivative work created from the Sound.
Section 4 – Terms relating to all lycense types
10. Duration of license
The Standard License, Extended License and Premium License are one-time license purchases that last in perpetuity (=forever). There are no annual renewal fees. The license is however terminated if the payment is reversed / refunded / charged back / not completed.
You hereby acknowledge that Beatgain is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. This license is non-exclusive and Beatgain retains the right to sell licenses of the Recording to third parties at its sole discretion.
Our membership allows unlimited and immediate downloads of all the Recordings – both the soundtracks and the sound effects - for one full year from the date of subscribing, as well as unrestricted access to all the new releases.
As a member, you can use the downloaded soundtracks only in accordance with the Standard License rules. For any further use you have to purchase the Extended or Premium License depending on your needs.
From the date of subscribing you are allowed to download and use the Recordings in accordance with on the rules outlined in these terms and conditions.
Membership expires after one year from purchase and does not renew automatically; you can buy it for a new year at the price advertised on the Site.
After the Membership is over, You will not receive the new Recordings and the products, and the products that were added to Your account through the Year Subscription will not be available to download in your account anymore, but you will be still able to use the products that you downloaded before your subscription period was over.
13. Representation and Warranties
Beatgain represents and warrants that We are the lawful licensor and have the full right and authority to enter into this Agreement and to grant you all of the rights and licenses herein granted.
14. Refund Policy
Given the nature of downloadable and irrevocable digital Recordings, BeatGain.com does not issue refunds after the purchase or subscription is made. You are responsible for understanding this upon registering for our subscription or purchasing a product.
15. Limitation of Liability
Beatgain makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. You hereby agree that our liability with respect to any claims or legal actions from You or any person deriving any rights from You shall solely be limited to the actual price paid for the license.
16. Service Availability
Beatgain will employ reasonable efforts to make sure that the Site is always available to Users, but temporary disruptions of the services available on our website may occur from time to time. The services provided on the Site are “as is” and BeatGain is not liable to you or anyone connected to you for any such disruptions.
The license fees set on the Site do not include any taxes, duties or other government charges. Beatgain will charge you additionally for the amounts of any such taxes, duties or other charges which Beatgain is required to collect (for instance European VAT).
By entering into this agreement, you verify that your country of residence is the same as your billing address.
18. Dispute and claim
Any dispute or claim relating in any way to any products or services sold by BeatGain will be solved through the On Line Dispute Resolution service provided by the European Union on the following link http://ec.europa.eu/odr.
19. Applicable law
In some jurisdictions there may be consumer or fair trading laws that apply and that may give You rights that we cannot exclude, restrict or modify (‘non-excludable law’). Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.
We operate from our offices in Italy. Except as provided in a non-excludable law, the italian laws govern these user terms, and You submit to the jurisdiction of the courts in Benevento.