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TERMS OF USE

TUNEVIBE.COM TERMS AND CONDITIONS OF USE

PLEASE FULLY READ THESE TERMS AND CONDITIONS BEFORE VISITING AND/OR USING THIS WEBSITE.
Questions or comments regarding the Terms and Conditions of Use for TuneVibe.com should be directed to: contact@TuneVibe.com

Use of this website constitutes full agreement and acceptance of the Terms & Conditions of Use specified in this document and in the Privacy Policy of this website. TuneVibe.com reserves the right to change the Terms & Conditions of this website at any time, for any reason, without notice. Users of this website should periodically visit this page to review the current Terms & Conditions of Use.

COPYRIGHT

TuneVibe.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.All materials contained on TuneVibe.com are protected by copyright, and are owned or controlled by TuneVibe.com or the party credited as the provider of the Content. You may not modify, copy, reproduce, publish, upload, post, distribute, transmit or in any way exploit any material from this site. TuneVibe.com is specially designed to let producers sell their Non-Exclusive Beats. ANY UNAUTHORIZED PRESENTATION, MODIFICATION OR RECASTING OF THIS SITE IS EXPRESSLY PROHIBITED.

The beats on TuneVibe.com are not owned by TuneVibe.com, but by the producer who created the beat.

ACCOUNTS
Users are only able to sell their beats or add their beats to their profile if they Sign Up for:

Basic Membership
Free - Unlimited Beat Uploads - Producers earn 50% from beat sales

Exclusive Membership
$9.95USD per month - Unlimited Beat Uploads - Producers earn 100% from beat sales

If a user no longer wishes to be a member of this web site, please contact us at contact@tunevibe.com

Signing up as a member of this web site waives any claim for damages, whether direct or indirect, consequential, or punitive, which you may have against TuneVibe.com, and you agree to hold harmless and indemnify TuneVibe.com from any such claim for damages regardless of cause.
TuneVibe.com may change, suspend or discontinue any aspect of this site at any time, including the availability of any feature, data, or content. TuneVibe.com may also impose limits on certain features and services or restrict your access to parts or all of TuneVibe.com without notice or liability.

USER RESTRICTIONS
You may not upload or post material that transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense.
All personal informations must be true, accurate, current and complete information about yourself as requested in the site's registration process as well as keeping your information up to date.
You should not reveal you subscription information to anyone or to use anyone else’s subscription information.
You are not allowed to upload materials that contain a virus or other harmful components.
You are not allowed to post content that promotes racism, bigotry, hatred or physical harm of any kind.

UPLOADING BEATS RULES
Any beat uploaded by a producer must be owned by that producer.

The Beat that you upload must by original and not sampled. TuneVibe.com does not approve sample beats, but has no meanse of checking for sampled beats. TuneVibe.com can not be held liabile for any sampled or falsely presented beats.

The size of the beat you upload should not excede 15MB, in unencrypted mp3 format subject to the terms and conditions of the site, beats containing vocal tags or audio-watermarking of any kind are not allowed.
The beats you upload for sale are safelly saved in our secure server database, where they cannot be accessed without first being purchased. To protect your beat(s), they are tagged with a layer of vocals (a tag) provided by TuneVibe.com. This does not, in anyway, effect the quality or sound of your beat(s) when they are being previewed.

PURCHASERS OF BEATS ON TUNEVIBE.COM
It is important to understand how the Non-Exclusive and Exclusive beats works when you are buying a beat from TuneVibe.com
A beat described as Non-Exclusive, is a beat that can be purchased by multiple entities, and the producer will still have the ownership of the beat. This means even though you buy the rights to use the beat, you are not the only entity who has the right to use this beat.
An Exclusive Beat is a beat that only one person can purchase and own the rights to use it.

All of the beats purchased are Royalty Free, which means no royalties are paid to the producer (seller) for any reason after the non-exclusive purchase.

PAYMENT
Payments will be made using PayPal.

RETURN POLICY
Due to the nature of this service, no refunds will be issued unless the buyer is not completely satisfied with the sound quality of the purchase, in which case the seller will have 14 days to re-master the material and contact us at contact@tunevibe.com

FEES FOR SELLING BEATS
TuneVibe.com's fee for Basic Members is 52% and includes all PayPal fees.
For Exclusive Members TuneVibe.com's fee is 0. PayPal fees however, do apply.
For example, in the case of an Exclusive Member, selling a beat for $10USD, he may only receive $9.11USD for the beat after all PayPal fees are covered.

PRODUCER PAYMENTS (PAYOUTS)
Producers are paid instantly whenever they sell a beat.

SAMPLING
TuneVibe.com has a secure system to prevent sampling. If any sort of sampling does occur, it is not the responsibility of TuneVibe.com.

FRAUD
Anyone found attempting to scam or fraud TuneVibe.com, will be banned from TuneVibe.com and the proper authorities will be notified. They will not be entitled to any money owed to them for violating our policies.

LINKS TO OTHER WEBSITES
This site may include links providing direct access to other Internet sites maintained by third parties. TuneVibe.com has no control over the development of these sites, exerts no control, editorial or otherwise, over their contents, assumes no responsibility for material at these sites, nor recommends any information, products or services presented on these sites.

CUSTOMER SERVICE
While we make an effort to reply to customer service inquires in a timely fashion, We do not make any guarantee to respond to them in certain time frame, or at all.
DISCLAIMER WARRANTIES
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.

If any provision of these Terms and Conditions shall be unlawful, void, of for any reason unenforceable then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
TuneVube.com reserves the right to terminate access to any user who does not abide by these Terms and Conditions of Use.

NON-EXCLUSIVE BEAT LICENSE AGREEMENT

Producer from TuneVibe.com in accordance with the terms stated in this agreement gives __Purchaser__ a license to lease a non-exclusive beat purchased from TuneVibe.com

RIGHTS GRANTED TO THE LICENSEE
Licensee does have the worldwide, non-exclusive, non transferable right for the use of the Music as long as additional audio/visual performances are recorded with our musical compositions (hereinafter referred to as "synchronization") The licensee is granted permission to sell or broadcast only in synchronization or mechanical reproduction with other visual or audio performances (vocals) added by Licensee. Rights include distribution of phono-record demos created using the TuneVibe.com Producer compositions. Licensee has distribution, performance and radio rights as long as they adhere to the following restrictions. Licensee understands that the rights that are being granted to the Licensee in this Agreement are non-exclusive and that the Licensor will have the full authority and full right to issue other parties the right to use the Original Instrumental Composition that is being licensed in this agreement.
1) The License expressly FORBIDS resale or other distribution of the TuneVibe.com Producer's compositions, either as they exist or any modification thereof. You CANNOT sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all OR any of the products sold or their rights under TuneVibe.com to another user (example - Record Label, another production company, another producer), or for use in any competitive product.
2) The Licensee understands that the Original Instrumental Composition that is being licensed in this agreement does not contain any unapproved samples. The Licensee also understands that they are responsible for clearing all samples that they choose to use and that the Licensor cannot and will not be held liable for the misuse of any sampled material that the Licensee uses in conjunction with the Original Instrumental Composition that is being licensed in this agreement.
3) Licensee cannot resell, lease or license any compositions to another user without written permission from licensor. The Licensee understands that The Licensor maintains 100% copyright and ownership of the Original Instrumental Composition that is being licensed in this agreement, and the Licensee has neither the right nor authority to sell or license the rights to the Original Instrumental Composition weather in whole or part to any other party.
4) Licensee cannot use beat compositions as a background element in TV, Film and DVD projects without obtaining written consent and or another license agreement.
5) Licensee must supply the TuneVibe.com Producer with at least 1 copy of each final recording made using the TuneVibe.com Producer's Music.
6) Licensee must include on all productions the producer's name. Licensee agrees to display this statement on all physical media containing a portion or sum of the Original Instrumental Composition that is being licensed in this agreement. Including but not limited to CD's, CD covers, Cassette tapes, Cards, etc.
7) Licensee may sell completed work using music from TuneVibe.com in any format.
8) Licensee must contact and inform licensor of CD sales exceeding 2,000 units. Licensor is only bound to this particular agreement until sales exceed 2,000 records distributed and sold at which licensor and licensee will adhere to another fair and honorable agreement. Licensor will remain copyright holder.

PERFORMANCE AGREEMENT
1) Licensee has the right to perform with the TuneVibe.com Producer's music in public.
2) Licensor is the sole owner of the music referred to in this agreement. Licensee has no ownership of the TuneVibe.com Producer's copyrights.
3) Licensee must comply with every aspect of this agreement or this license will be terminated.