Terms of Use
1. GENERAL TERMS OF USE
This Terms of Use Agreement ("Agreement") is made by and between TheDopeShiz.com, ("Licensor") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this website.
BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER LICENSOR PRODUCTS OR SERVICES (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
LICENSOR RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN LICENSOR’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.
2. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of this website, you warrant to Licensor that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) co-brand this site without the express prior written permission of an authorized representative of Licensor. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Licensor in causing any unauthorized co-branding to immediately cease. In addition, you may not use the website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.
3. BUYING PRODUCTS
The products sold on this website are subject to different terms of use. Depending on the use you want to make of a product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen the correct license to meet your requirements. The extended license agreement must be requested via email.
4. STANDARD LICENSE
The Standard License grants you a non-exclusive, non-transferable, royalty-free right to make use of the product ("Beat Download") you acquire. Your use of the Beat Download, under the Standard License, is subject to the following conditions:
i) you may use the Beat Download alone or use it combination with other sounds in connection with a commercial work (which includes in a song, film, video production, radio/TV program or commercial, video or computer game, software program, or multimedia presentation) and in public performances. Although you may use the Beat Download in combination with other sounds, you may not re-sell, isolate, modify, or sample the original Beat Download in any manner whatsoever.
ii) if you use the Beat Download, your use is limited to a single application.
For example: You may incorporate the Beat Download in a video game that you or your client distributes. An unlimited number of copies of the video game may be made and sold but the Beat Download cannot be incorporated in more than one video game or other work.
iii) Notwithstanding the restriction on resale, if you acquire the Beat Download on behalf of a client, you may recoup the cost of acquiring the Beat Download from the client.
5. EXTENDED LICENSE
The Extended License grants you the exclusive right to make use of the Beat Download you acquire. The Extended License also entitles you to the following:
You may license, sub-license, modify, sell or resell the Beat Download, with no restriction on the type of modifications or number of usages made.
Under the Extended License, you shall be obligated to pay to Licensor fifty percent (50%) of the writer’s share of all Gross Receipts derived from the future publishing income earned in connection with the exploitation of the Beat Download. “Gross Receipts” are defined as any and all revenue, income and sums, including, without limitation, mechanical royalties, synchronization fees, dramatic use fees, printing income and public performance fees, derived and actually received by you (after deduction of any collection or other fees charged by The Harry Fox Agency, Inc., or any other such third party collection agent which you may use in the United States) and after deduction of any collection fee or share of royalties charged by any collection agent or subpublisher used by you (outside the United States).You shall compute the royalties due to Licensor pursuant to this Agreement within sixty (60) days following the end of each semiannual calendar period during which monies are received (or finally credited) with respect to future publishing income, and shall thereupon submit to Licensor the royalty statement for each such period together with the net amount of royalties, if any, which shall be payable after deducting any and all chargeable costs under this Agreement.
Licensor or a certified public accountant on Licensor’s behalf may, at Licensor’ expense, at reasonable intervals (but not more frequently than once each year), examine your books insofar as same contain data of concern to Licensor, during your usual business hours and upon thirty (30) days' notice, for the purpose of verifying the accuracy of any statement submitted to Licensor hereunder.
6. LICENSOR CREDIT
If you purchase a Beat Download, and you use the Beat Download in a commercial work pursuant to Sections 4 or 5 above, you shall give Licensor customary credit on labels and/or liner notes of the commercial work derived from the use of the Beat Download. Licensor producer credit shall be given in substantially in the following form: “Produced by Ian "TheDopeShiz" Monillas – TheDopeShiz.com”
7. PAYMENT
All payments shall be made in U.S. currency through PayPal. When you elect to buy a Beat Download, you are agreeing to pay for that Beat Download and you are authorizing Licensor to charge your PayPal account for the full price of the Beat Download. All sales are final and there are no refunds accepted.
8. HYPER-LINKS
This site may be hyper-linked to other sites which are not maintained by, or related to, Licensor. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Licensor. Licensor has not reviewed any or all of such sites and is not responsible for the content of those sites. Licensor is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Licensor makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Licensor provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Licensor of that site or any association with its operators.
9. DISCLAIMER
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LICENSOR MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT LICENSOR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
10. LIMITATION ON LIABILITY
LICENSOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LICENSOR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO LICENSOR FOR THE APPLICABLE BEAT DOWNLOAD OR SERVICE OUT OF WHICH LIABILITY AROSE.
11. TERMINATION OR RESTRICTION OF ACCESS
Licensor reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.
12. INDEMNITY
You will indemnify and hold Licensor, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of the Beat Download other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
13. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Licensor or the party that provided the trademarks, services marks, logos, and copyrighted works to Licensor. Licensor and any party that provided trademarks, service marks, logos, and copyrighted works to Licensor retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
14. INTELLECTUAL PROPERTY DISPUTES
If you believe that a work of which you are the owner is infringed by a product being offered for sale on this site, please forward the following information to Licensor at buybeats@thedopeshiz.com:
a. your address, telephone number, and email address;
b. a description of the location of the alleged infringing material;
c. a description of the work you claim has been allegedly infringed.
In submitting a claim, you warrant that the information given in the claim is accurate and that you are either the lawful owner or are authorized to act on the owner’s behalf. Upon receipt of a claim, Licensor will perform a reasonable investigation and will, in its sole discretion, determine whether to remove the offending content.
15. SECURITY
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Licensor reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Licensor reserves the right to investigate suspected violations of these Terms of Use.
16. MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of the state of Washington, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Washington in connection with any dispute between you and Licensor arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in King County, Washington.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Licensor as a result of this agreement or use of this website.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Licensor with respect to this website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
Licensor may revise these Terms of Use at any time by updating this posting.