This General Terms and Conditions of User agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “User” or “your” or “Registered User”) and Beatroute (“Company” or “us” or “We” or "GVS81 Media Private Limited” or “Beatroute Marketplace”). This document is an electronic record in terms of the Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present Terms and Conditions shall alone prevail for the purposes of the usage of the website.
Please note that any and all use of the original musical compositions and works, specific sound recordings in the nature of short phonographic or digital recordings or samples provided within the Service will be subject to a separate licensing and rights transfer agreement (between you and Beatroute) which determines your right to use and distribute the music. If you would like to learn more about the different rights and monetization plans involved or any other such details, please reach out to email@example.com
The domain name www.beatroute.co is registered in the name of Beatroute which is a registered company under the Companies Act, 2013 having its registered office at C - 102, Renaissance Park 1, Subramanya Nagar, Malleswaram West, Bengaluru 560055. Beatroute is in the business of enabling an online music catalogue service or marketplace, whereby Beatroute makes available digital music files, musical compositions, sound recordings, art or other written or visual images (collectively, the "Content") for the purpose to be used in musical, audio and audio-visual productions and/or other productions, under the terms and conditions as set out here and the applicable licensing and rights transfer agreement.
Beatroute reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. Such modification enters into force when published on www.beatroute.co or communicated to you in any other appropriate manner. For this reason, we encourage you to review these Terms and Conditions every time you use the Services from Beatroute or use this website. Your continued use of the Service or website after such modification is valid as consent thereto.
The Service provided by Beatroute entails the availability of a catalogue of original musical Content, the rights to which can be licensed based on the specified conditions of exclusivity through the online interface provided by Beatroute on www.beatroute.co. The catalogue of Content may be amended from time to time by Beatroute, with or without any notice to you. You understand and accept that the Content that is available might not be available at a later stage. Content formats and descriptions, such as genres, categories etc., are provided for your convenience only and Beatroute cannot guarantee their accuracy.
In order to make use of the Service provided by Beatroute, you must create a personal account and register as a user by following the instructions in the Sign-up Form. Your personal account will contain basic account information including username and password. You must use a valid e-mail address and Beatroute reserves the right to test and to verify this at any time. On the submission of your form, you will be a Registered User as per the Terms and Conditions and will be provided with a User ID.
By using the website as a Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Beatroute reserves the right to terminate your membership and refuse to provide you with access to the website and/or Service if it is brought to its notice or if it is discovered that you are under the age of 18 years.
You are solely responsible for maintaining the confidentiality of your personal account, User ID and Password, and so please make sure that the password you choose is unique and distinct. You are responsible for all activities that occur under your User ID and Password. You are not allowed to have more than one account. You are prohibited from agreeing with third parties to allow the transfer, the utilization or the provision of accounts, resources or access data related to your access to the Service and/or website. You must inform Beatroute immediately of any breach of security or unauthorized use of your personal account that you become aware of.
You agree, inter-alia, to provide true, accurate, current, and complete information about yourself as prompted by the User Registration Form or provided by You as a visitor or user of a third- party site through which You access the website. If you provide any information that is untrue, inaccurate, not current, or incomplete or Beatroute has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with the Terms and Conditions, Beatroute has the right to indefinitely suspend or terminate or block access of your personal account with the Website and refuse to provide you with access to the website and/ or Service.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. In case you are found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Beatroute shall in no manner be held responsible for the same.
When you use a Service from Beatroute, or send e-mails to Beatroute, you are communicating with us electronically. You by using our Service and website consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website or through other third-party services. You agree that all agreements, notices, disclosures and other communications that Beatroute provides to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
Any visitor and Registered User of the Website understands that the licensing fee of the relevant Content will be shared on the Website and shall be as the Maximum Retail Price (MRP) as mentioned on www.beatroute.co. Such MRP shall be inclusive of all local taxes as are applicable in India. Beatroute reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay as well as a specified commission in exchange for rendering Services.
Due to unavoidable circumstances, there may be times when certain Content orders having been validly placed may not be processed. Beatroute reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on the availability of the Content for purchase, inaccuracies or errors in Content or pricing information, problems identified by our credit and fraud avoidance department. Beatroute will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by Beatroute.
While availing of any of the payment method/s offered by Beatroute, Beatroute shall not be responsible or take any liability of any nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
All payments made against the purchases /services on the website by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third-party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Beatroute.
Beatroute may employ third party facilities, for payments as well as the execution of required agreements such as the rights transfer agreements deemed necessary to avail of the Service provided by Beatroute.
You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms and Conditions and under the applicable rights transfer agreement. All content available through the Service and on the website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound, and other files, are the proprietary property of Beatroute.
Except for the rights expressly granted to you in the applicable licensing and rights transfer agreement and in these Terms and Conditions, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Beatroute. Beatroute does not own any of the Content posted by third parties to the website. All Content is posted by an individual, group or company that is the Registered User who has represented and warranted to Beatroute that, among other things, neither the Content nor the names, trademarks and service marks under which the Content is promoted infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights as per the agreements between Beatroute and the respective Registered Users availing of the licensing agreements. All Registered Users who are licensing and purchasing Content from Beatroute, are subject to clear any samples on any purchases.
Please note that you may not use the Content in connection with other material that is offensive, defamatory, obscene, immoral, discriminating, illegal or that otherwise violates any rights of anyone associated with the Content and/or any third party. You shall comply with any applicable laws, regulations regarding use and distribution of the Content.
Please also note that you are not allowed to upload or otherwise exploit the Content provided in the Service as stand-alone files (for example, uploading the track to any kind of distribution platform or otherwise distributing a track as a full-length (or shortened) file, on its own or with a just background picture and/or just the name of the artist/track), unless otherwise agreed upon and you shall keep us informed of the same.
Beatroute respects the intellectual property of others. Beatroute cannot on its own determine prevailing claims to use any Content or related details that are uploaded, Beatroute encourages that the parties seek to directly resolve such disputes and discrepancies including alleged misuse of the Content between themselves. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please do reach out to us by way of an email to firstname.lastname@example.org and Beatroute will advise on the next course of action.
You agree that Beatroute has the right to allow the Service to make use of the storage hardware, processor and bandwidth of your Internet connection, computer, game console, workstation or similar media device; however, only as reasonably necessary to provide the Service. If you are connected to the Internet in a foreign country the Service may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, workstation or similar media device. As a result, some extra charges from your Internet Service Provider ("ISP") may be brought on you. By using the Service, you agree you agree to indemnify Beatroute for any third party claims due to the extra charges from your ISP referable to you.
Beatroute will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with the Service or the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and intellectual property rights infringement and that Beatroute shall not be liable for any damages of any kind related to your use of this Service or Website.
Upon the request of Beatroute, you agree to indemnify, defend, and hold Beatroute harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict adherence with these Terms and Conditions. Furthermore, Beatroute reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Beatroute in asserting any available defenses.
These Terms and Conditions will continue to be in force until terminated by you or Beatroute. If you or Beatroute terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms and Conditions or any thereto related documents, your right to use the Service and access to Content will immediately terminate. Beatroute may further, at its sole discretion, terminate your personal account and your access to the Service through your User ID with a 2 weeks’ notice.
Failure on the part of Beatroute to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against Beatroute or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in these Terms and Conditions or related agreements will be delayed, the period of such delay will not be counted on in computing periods as prescribed. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Beatroute that directly or indirectly hinders or prevents Beatroute from commencing or proceeding with the transactions contemplated. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
These Terms and Conditions or the documents of third-party payment channels shall be governed and construed in accordance with the laws of India. This Agreement is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.