Welcome! This is where you will find the Terms and Conditions for the Kraftbeat website. Please take the time to read these terms carefully before using the service. Kraftbeat is a website and brand owned by Kraftbeat LLC, hereinafter referred to as the "Company". The Company operates and manages Kraftbeat.
The Company provides services (“Service”) to you that are subject to the notices, terms, and conditions set forth in this agreement (“Terms and Conditions”). Additionally, when you use the Service, you will be subject to the rules, guidelines, policies, and agreements associated with the Service. The Company reserves the right to change the Website and the Terms and Conditions at any time. By accessing, browsing, or using the Website and the Service, you agree to all of the terms and conditions outlined in this agreement. Therefore, please take the time to carefully read this agreement before proceeding.
2.1 Users accessing the Website represent and warrant that they are at least 18 years of age and they may legally adhere to these Terms and Conditions or, if they are less than 18 years of age, that their parent or lawful guardian has accepted these Terms and Conditions on their behalf.
2.2 Subject to the terms and conditions of this agreement, the Company hereby grants a limited, revocable, non-transferable, and non-exclusive license to access and use the Website for the purpose of buying and selling music production services and products (“Works”) for personal and commercial use. Any breach of this agreement shall result in the immediate revocation of the license granted in this paragraph without notice.
2.3 Except as permitted in the paragraph above, Users may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Website or any portion of it unless expressly permitted by the Company in writing. Users may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by the Company in advance. The Company reserves the right to refuse Service, terminate accounts, and cancel, edit, reject, or remove products at its discretion, including for violation of applicable law or harmful conduct to the Company's interests.
2.4 Users shall not upload to, distribute, or otherwise publish through the Website any Content, information, or other material that:
2.5 The Company may assign Users a password and account identification to enable them to access and use certain portions of the Website. Each time Users use a password or identification, they will be deemed to be authorized to access and use the Website in a manner consistent with the terms and conditions of this agreement, and the Company has no obligation to investigate the authorization or source of any such access or use of the Website. Users will be solely responsible for all access to and use of this Website by anyone using the password and identification originally assigned to them whether or not such access to and use of the Website is actually authorized by Users, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. Users are solely responsible for protecting the security and confidentiality of the password and identification assigned to them. Users shall immediately notify the Company of any unauthorized use of their password, identification, or any other breach or threatened breach of the Website’s security.
3.1 In order to use certain services (“Service”), the User must register for an account. The User agrees to provide true, accurate, and complete information as prompted by the registration form and all forms accessed on the Website, and to update this information to maintain its truthfulness, accuracy, and completeness.
3.2 The User is solely responsible for maintaining accurate information. If the User provides false, outdated, or incomplete information, or if the Company has reason to suspect such, the Company reserves the right to suspend or terminate the User's account.
3.3 The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Service through the User’s account nor use the account of another User to access the Service.
3.4 The User is responsible for all operations carried out through the User’s account through any device. In the event that the User suspects unauthorized access to the account, the User should immediately inform the Company.
4.1 The Service offered by the Company through the Website is to allow the purchase and sale of music licenses and files (“Works”) through contracts between Buyers and Sellers, either with “Ready-made Works” or with “Custom Projects” carried out through the Website.
4.2 The responsibility to legally fulfill the contracts rests solely on the Seller and the Buyer; the Company only acts as an intermediary, offering its technology and resources. In this way, the Company bears no responsibility for any disputes between the Buyer and the Seller, nor for any fraudulent or illegal actions taken by either party. The Company's purpose is to successfully carry out transactions between Buyers and Sellers. Once this is fulfilled, the Company's responsibility ends. Any subsequent actions or events are not the responsibility of the Company, but of the parties involved in the contract.
4.3 The Company reserves the right to edit, modify, add, or delete, with or without notice, any element or part of the Website, Service, or its conditions of use and policies, partially or entirely. The Company also has the right to:
4.4 Through its Custom Projects service, the Company may make available the possibility for Users to connect with other Users for the purpose of providing, or being provided, various types of music-related services and products (“Works”) on a project basis (each, a “Project” or a “Custom Project”), such as composing, performing, recording, editing, mixing, producing, etc. Such services are provided by the Seller to the Buyer in exchange for consideration to be determined and negotiated by the applicable Users. The Website may enable Users to find other Users, negotiate transactions for Projects, and enter into agreements resulting from such negotiations.
4.5 After a Custom Project has been created on the Website, both the Seller and the Buyer are strictly prohibited from negotiating and executing a Project transaction, including making or refunding any payments related to the Project outside the Service and the Website. In addition, Users may not enter into any agreement with any other Users whom they met through the Website unless they do so through the Website. These actions are violations of this agreement and the rights to continue using the Service will immediately terminate upon the violation of this paragraph. Users will be liable for any losses incurred to the Company due to such violations.
4.6 The Company has the right to manage, mediate, and coordinate each Custom Project.
4.7 In the event of a miscommunication between the Buyer and Seller regarding a Custom Project, the Company shall intervene to resolve the issue. The resolution shall be arrived at by conducting a thorough examination of the situation and making a decision that is equitable and in accordance with ethical principles.
4.8 The Company will charge one or more fees for the Service provided to the User. These fees are subject to modification, with or without prior notice.
4.9 The Service, Website, and all Content and software associated therewith, or any other features or functionalities associated with the Website or Services, are provided “as is” and “as available” with all faults and without warranty of any kind. The Company does not guarantee, represent, or warrant that:
4.10 The Service is not liable for any loss of profit (whether insured directly or indirectly), any loss of goodwill, any loss of business or artistic reputation, any loss of opportunity, or any loss of data suffered through the use of or inability to use the Website or Services. The User uses the Service solely at the User’s own risk. The Company may discontinue the Website or portions thereof at any time, without notice.
4.11 All transactions and contracts concluded through the Service are subject to the applicable intellectual property laws.
4.12 The Company does not engage in any activities related to intellectual property or copyright management and cannot be held accountable for any issues related to intellectual property. The Company also does not provide legal advice on intellectual property. If Users need more information about intellectual property law and how it applies to the Service, they should consult with a specialist lawyer before using it.
4.13 The Service, as well as the content published on the Website, including texts, advertisements, and other statements through any of the Company's channels, must be understood within the framework of international intellectual property law. Users must use the Service in compliance with international intellectual property law. Therefore, the Company is not responsible for any misunderstandings arising from the Service, its texts, advertisements, or statements through any of the Company's channels. The User must not disregard the law or misunderstand it.
4.14 The Company bears no liability for intellectual property issues arising from its operations.
4.15 Licensor ("Seller") and Licensee ("Buyer") must enter into an electronically signed agreement ("Transfer of Rights”). This agreement outlines the terms and conditions of the transaction related to the Work and describes the Rights granted to the Licensee to use, reproduce, modify, adapt, publish, translate, distribute, perform (publicly or otherwise), and otherwise exploit the Work provided by the Licensor.
4.16 The Users accept digital signatures as valid for all contracts made through the Service.
4.17 The Company only provides customer support through email. The messages will be addressed based on their level of priority. The Company assumes no obligation to respond to any communication. The official contact email for the Company is support@kraftbeat.com.
5.1 Sellers are able to use the Service to offer their Work for sale. It is incumbent upon the Seller to make use of the Service and to accept responsibility for any and all resulting consequences. Furthermore, it is the Seller's duty to thoroughly read and comprehend all relevant terms and contracts associated (including the “Upload Agreement” and the “Transfer of Rights” contract) with the use of the Service.
5.2 Sellers may submit Ready-made Works for sale. Upon approval, they will be published on the Website in accordance with the Terms and Conditions and related contracts.
5.3 Sellers have the opportunity to provide customized production services through the Custom Projects service to deliver tailor-made Works. By using the Service, the Seller agrees to:
5.4 By submitting their Work, the Seller grants the Company a worldwide, exclusive, royalty-free, transferable license (with the right to sub-license) to use, reproduce, distribute, prepare derivative works, display, and perform the uploaded Content in the interest of the performance of the Company’s services and business.
5.5 Upon submission of their Work, the Seller acknowledges and grants that they are fully aware of the implications of selling their Work on the Website. The Buyer, upon successful completion of the sale, becomes the new owner of the Work’s copyrights, following all the conditions established in the associated agreements (“Upload Agreement” and “Transfer of Rights” contract).
5.6 Sellers must respond to the Company's communications and notices regarding their account and the submitted, published, or sold Work. Failure to do so will result in a ban from using the Service and the Seller will be held responsible for any resulting consequences.
5.7 The Work submitted by the Seller for sale on the Website must be original and exclusive. If the Seller uses royalty-free Content in their Work, it must be listed and clearly indicated in the Work’s description.
5.8 The Seller hereby agrees to maintain strict confidentiality and anonymity regarding the creation of the Works submitted, published, and/or sold on the Website.
6.1 The Buyer is entitled to use the Service offered by the Company to purchase songs or music production services, along with their respective licenses and files (“Work”), under the conditions set forth in these terms and related agreements. The Buyer bears sole responsibility for the use of the Service and must accept any resulting consequences that may arise.
6.2 The Buyer is eligible to receive the files comprising the purchased Work. These files can be accessed and downloaded for a period of five years from the date of purchase.
6.3 The Company shall not be held liable for any issues pertaining to the files and shall not accept responsibility in the event of compatibility problems between the files and the Buyer's analog or digital equipment. The Company shall also not be held accountable for any problems or incompatibilities related to licenses or software versions.
6.4 The Buyer has the possibility to purchase customized production services through the Custom Projects service to receive tailor-made Works. By using this Service, the Buyer agrees to the following terms:
6.5 The Buyer has to make a payment of 50% of the total price in advance to start a Project. This payment, in accordance with our refund policy, is non-refundable except in cases where the Seller has clearly engaged in misconduct.
6.6 The Buyer is aware that the Company only offers the Service and is not the direct seller of the Works. The Company acts as an intermediary in the transaction. The Company is not liable for any issues that may arise and its responsibility is limited to providing the Service outlined in these terms and ends upon completion of the said Service.
In addition to any other legal or equitable remedies, the Company may, without prior notice, immediately terminate the Agreement or revoke any or all of the rights granted under this agreement. Upon any termination of this agreement, the User shall immediately cease all access to and use of the Website and the Company shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to the User and deny the access to and use of the Website in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
8.1 The User agrees that all refunds are at the sole discretion of the Company. The Company is not obligated to refund amounts paid for licensed Works, including, but not limited to, if the Company determines that the Work has been downloaded by the User. The User must comply with the applicable Refund Policy set by the Company from which they purchased the Work or Service, which the Company may modify at any time at its discretion.
8.2 In the event that the Company decides to issue a refund (which it is not required to do), the User must promptly delete all related Work files from all locations where they have been distributed or downloaded, including but not limited to any Dropbox or other cloud accounts synced with the User's account.
8.3 The User also acknowledges and agrees that once a refund is requested, they are not authorized to exploit the Work files in question and, upon receipt of the refund, all licenses for such product files and underlying content are revoked, and the User is prohibited from using the Work for any purpose.
9.1 All text, graphics, button icons, images, audio clips, music, software, etc. (“Content”), belongs exclusively to the Company, or affiliates. The collection, arrangement, and assembly of all Content on the Website belong exclusively to the Company or its affiliates. All software used on the Website is the property of the Company, its affiliates, or its software suppliers. The Content, the Website, and the Software are all protected by international copyright laws. The Company and other logos, design logos, taglines, slogans, trade names, or words are registered trademarks, trademarks, or service marks of the Company, its affiliates, suppliers, or third parties. The use of any of the Company’s trademarks or Service marks without the Company’s express written consent is strictly prohibited. Users may not use the Company’s trademarks or Service marks in connection with any product or service in any way that is likely to cause confusion. Users may not use the Company’s trademarks or Service marks in any manner that disparages or discredits the Company. Users may not use any of the Company’s trademarks or Service marks in meta tags without prior explicit consent.
9.2 The Company is not responsible for art covers, image profiles, text, Works, and other Content uploaded by Users. The User undertakes that they have all necessary rights to any Content submitted, uploaded, or published on the Website and are not infringing or violating any third party’s rights by posting it. The User agrees that if any third party brings a claim against the Company related to Content that the User posts, then, to the extent permitted by law, the User will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such a claim. The Company reserves the right to handle any potential legal defenses under this indemnification agreement however the Company sees fit.
9.3 The Company does not represent, warrant, or guarantee the truthfulness, authenticity, accuracy, quality, or reliability of any of the Content posted, displayed, linked to, or otherwise transmitted via the Website or Service. The User agrees to evaluate and bear all risks associated with publishing for sale or purchasing any Work, including any claims arising from the authenticity, completeness, or originality of the Work. The Company possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate the User’s ability to access the Website and/or the Service without notice, at its sole discretion.
9.4 If the User believes that Content residing on or accessible through the Website infringes a copyright, the User may send a notice of infringement via email to support@kraftbeat.com, which must include all of the following required information:
The Website may contain links to other websites on the Internet that are owned and operated by third parties. The User acknowledges that the Company is not responsible for the operation of or content located on or through any such websites.
The User agrees to indemnify, defend, and hold harmless the Company, its officers, managers, members, employees, agents, attorneys, affiliates, successors, and assigns, from and against any liability, loss, claim, investigation, settlement, judgment, proceeding, cost, and expense, including without limitation reasonable attorneys’ fees and disbursements, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to:
12.1 In the event of any breach of these Terms and Conditions, the non-breaching party shall have the right to pursue any and all remedies available under applicable law, including but not limited to injunctive relief, specific performance, and monetary damages. The non-breaching party shall be entitled to recover all costs and expenses incurred in enforcing its rights under these Terms and Conditions, including reasonable attorneys' fees and court costs. The pursuit of any particular remedy by the non-breaching party shall not preclude its pursuit of any other remedy or relief available under these Terms and Conditions or under applicable law.
12.2 No right or remedy of the Company shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys' fees, and expenses.
12.3 No instance of waiver by the Company of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future, or other waiver.
13.1 The Company is not a bank or another licensed financial institution and does not provide banking services.
13.2 The amounts shown as on deposit in a User account are not segregated into a separate account but represent unsecured obligations of the Company to the User with respect to the purchase and sale through the Website.
13.3 The Company is not acting as a trustee or fiduciary with respect to such funds or payments but is acting only as an agent.
13.4 Amounts transferred through or stored in the payment service are not insured or guaranteed deposits.
In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with the use, or inability to use, the Website, the Service offered, any website linked to it, any Content on the Website or such other websites or any services or items obtained through the Website or such other websites. The Company’s limitation of liability extends to third-party actions, including unauthorized system access by hackers or exploitation of the Website’s vulnerabilities. This includes any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
The User is solely responsible for paying any governmental taxes, including any goods and services or value-added taxes for services they acquire or perform through the Website.
If any provision in these Terms and Conditions or related agreements is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms and Conditions or other agreements related to the Service shall not be affected in any way.
Buyers can identify the purchase on their credit card statement with the following descriptor: "KRAFTBEAT LLC".
Please send any questions or comments (including all inquiries related to copyright infringement) regarding the Website to the email: support@kraftbeat.com.