Novaebeat

Set forth below are the terms and conditions (these “Terms and Conditions”) governing the Novaebeat.com web site located at, or linked to through, the root URL https://novaebeat.com, which may expand or change from time to time (the “Website”). As used herein, the term “NOVAEBEAT.COM” refers to the sole owner and operator of the Website; the term “you” or “your” refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

Carefully read these terms and conditions. By availing yourself of the website or related services, you are consenting to be bound by these terms and conditions as such terms may be modified from time to time as described below.

1. Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, “Materials”) contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Novaebeat.com program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a Novaebeat.com server, except where explicitly allowed to do so. You should not attempt to claim any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement. Before using any Novaebeat.com logo or trademark, please contact Novaebeat.com.

2. Copyright and Trademark Infringement Policy and Notification Procedure: Novaebeat.com does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the “Content”) posted by third parties to the Website. All Content is posted by an individual, group or company (collectively, the “Artist”) who has represented and warranted to Novaebeat.com that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the “Name”) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights.

3. Refund policy: Novaebeat.com does not offer refunds.

3.1. Paid services can be cancelled at any time by emailing contact@novaebeat.com  with your cancellation request and artist name or order ID. Cancellations will be confirmed by us through email. Only when you receive a confirmation email does the cancellation become effective. If you do not receive a reply to your cancellation email within 24 hours, please resend your cancellation request in the case that the original did not go through.

4. Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Novaebeat.com express prior approval, contains advertising or any solicitation with respect to products or services. You shall not use any play- or page-increasing software or services. Beatmaker.tv reserves the right to cancel accounts for any reason at any time without notification.

4.1. In addition, if we feel that a user abuses the Novaebeat.com site in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible credit card fraud. Beatmaker.tv reserves the right to refuse service, terminate accounts.

5. Content: The Website offers a wide selection and variety of content to our members and users. Content may contain profanity or otherwise inappropriate or offensive material for children or other members and/or users. Members and/or users must evaluate and bear the risk associated with the use of the Website and related services. Novaebeat.com suggests that parents should supervise their children’s on-line activities and consider using parental control tools available to help provide an appropriate on-line environment for their children. Users are also encouraged to contact support for evaluation of possible offensive material. Beatmaker.tv reserves the right to act on such notices at its sole discretion.

6. Warranty Disclaimer: You expressly agree that use of the website and related services is at your sole risk. The website, materials and related services are provided on an “as is” and “as available” basis. Novaebeat.com makes no representations or warranties with regard to the website or any materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, Novaebeat.com makes no representation that the operation of the website will be uninterrupted or error-free. Novaebeat.com will not be liable for the consequences of any interruptions or errors on the website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, information or other content or materials provided in connection with or otherwise available through the website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any such opinion, advice, information or other content. Under no circumstance will Novaebeat.com be liable for any loss or damage caused by your reliance on information obtained through the website, other than as required under applicable consumer-protection law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of certain types of damages, so some of the above disclaimer may not apply to you and nothing contained herein should be construed as excluding or limiting any liability beyond what is permitted under applicable law.

7. Limitation of Liability: By availing yourself of the Website, Materials or related services, you agree to release and hold Novaebeat.com and the employees, officers, directors, shareholders, agents, representatives of Novaebeat.com, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Novaebeat.com, any third-party providers or sources of information or data and legal advisers harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to:

a. telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind;

b. failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Novaebeat.com that may cause the Website or related services to be disrupted or corrupted;

c. any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services;

d. or any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Novaebeat.com harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you.

In no event will Novaebeat.com be liable for any indirect, statutory, incidental, special or consequential damages or any loss of revenue arising out of your availment of materials (however arising, including negligence), even if Novaebeat.com was advised of the possibility of such damages.

8. Age requirements for use of the Service: This Service is available for individuals aged 16 years of age or more if you reside in the European Union, 13 years or older if you reside in the United States or anywhere else. If you are under the age mentioned before, you are required to review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. Registering an account on behalf of someone who is underage is a violation of our Terms and Conditions.

9. Modification of Terms and Conditions: From time-to-time Novaebeat.com may modify these Terms and Conditions in its sole discretion. When such modification is made, Beatmaker.tv will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. Beatmaker.tv is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.

Licences terms

1. In return for payment of the fee, Novaebeat grants a exclusive or non-exclusive license to the Artist to use the chosen musical work to create one (1) new recording (“the Track”).

2. The Artist shall have the right to commercially release the Track by any and all means, throughout the world, subject to these terms

3. This license is for a term of one (1) year from the date of this agreement (“Term”). After the Term the license will automatically end and the Artist will be required to extend the term to by paying an additional fee or taking such other steps as required by Novaebeat. [or The term of this agreement shall be for life of copyright subject to the provisions of Para 3].

4. The Artist is not required to pay Novaebeat a royalty or any income from the Track.

However, despite this, the Artist agrees that;-

4.1. Novaebeat shall have a fifty percent (50%) share of the publishing in the Track and shall receive publishing income directly from the applicable Collection Society.

4.1.1. The Artist agrees that he/she will register Novaebeat’s interest, on Novaebeat’s behalf, at the collection society in the Artist’s home territory to ensure that mechanical and performance royalties are collected throughout the world. https://en.wikipedia.org/wiki/List_of_copyright_collection_societies

4.1.2. The Artist shall use Novaebeat’s membership number and follow the directions contained in the email that shall be sent to the Artist by Novaebeat. [to be drafted separately]

4.1.3. Novaebeat and the Artist shall each administer their respective shares of the publishing in the Track. Any sync licenses for the Track must be pre-approved by Novaebeat

4.2. Novaebeat shall have the right to receive neighboring rights income as a performer on the Track directly from the applicable Collection Society.

4.2.1. The Artist agrees that he/she will register Novaebeat’s interest on Novaebeat’s behalf with the collection society in the Artist’s home territory that that administers neighboring rights income throughout the world. https://en.wikipedia.org/wiki/List_of_copyright_collection_societies

4.2.2. The Artist shall use Novaebeat’s membership number and follow the directions contained in the email that shall be sent to the Artist.

5. Novaebeat warrants and represents the following:-

5.1. that they are the owner of the copyright in the Beat;

5.2. that he/she has the right to enter into this Agreement and to grant all the rights which he grant herein;

5.3. subject to the provisions of Para 9 below that the Beat does not infringe the rights of any third party;

5.4. that all necessary consents under law are granted to the Artist

5.5. that he/she waives any and all so called moral rights.

5.6. all necessary publishing licenses will be made available to the Artist in respect of the Track free of charge for use by the Artist in connection with non-monetized advertising and/or promotion of the Track

6. The Artist warrants that and represents the following;-

6.1. that they have the right to enter this agreement

6.2. that the Track shall not infringe the rights of any third party

6.3. that they shall comply with all the obligations and limitations set out in this agreement

7. The Artist agrees to ensure that Novaebeat is credit on the on the metadata and packaging or promotion of the Track as follows [Produced by Novaebeat]

8. The Artist agrees to indemnify Novaebeat and hold him/her harmless from all claims, losses and expenses including reasonable legal fees arising out of or resulting from a claimed breach of the Artist’s warranties, representations and obligations in this agreement

9. If in the description the Beat is stated to contain an uncleared sample then Artist agrees that they will take steps to obtain all clearances of the sample prior to release the of Track. The Artist shall also take steps to clear the publishing sample. The Artist shall indemnify Novaebeat from all losses and costs arising from any claims from third parties concerning the Artist’s failure to take the required steps.

10. The Artist acknowledges that Novaebeat shall retain ownership of the copyright in master and the underlying composition the Beat and shall have the right to grant separate licenses thereof to other artists.

11. The Artist acknowledges that the payment for this license is non refundable. If the Artist fails to comply with any obligation hereunder Novaebeat shall have the right on notice to the Artist to terminate this license and all rights shall revert to Novaebeat. Such termination shall render any further exploitation by the Artist as an actionable infringement of copyright.

12. This rights granted to the Artist are not assignable or otherwise transferable

13. This license constitutes the entire agreement between the parties

14. This Agreement shall be construed in accordance with the law of France.